In applying and interpreting this article, the following definitions
shall be used:
DWELLING UNIT
Any room or rooms or suite or apartment thereof, whether furnished
or unfurnished, which is occupied or intended, arranged or designed to be
occupied for sleeping, dwelling or residence purposes by one or more persons.
EMERGENCY CONDITION
Any condition, dangerous or injurious to the health or safety of
the occupants of a building or occupants of neighboring buildings, which arises
out of any of the following circumstances or conditions:
A.
The lack of adequate ventilation or light.
B.
The lack of adequate and properly functioning sanitary facilities.
C.
The lack of an adequate and healthful water supply.
D.
Structural, mechanical or electrical defects which increase the hazards
of fire, accident or other calamity.
E.
From October 1 of each year until the next succeeding May 1, failure
to maintain every unit of dwelling space and every habitable room therein
at a temperature of at least 68° F. during the daytime hours of 6:00 a.m.
to 11:00 p.m. or failure to maintain every unit of dwelling space and every
habitable room therein at a temperature of at least 65° F. during the
nighttime hours of 11:00 p.m. to 6:00 a.m. In meeting the aforesaid standards,
the owner shall not be responsible for heat loss and the consequent drop in
the interior temperature arising out of action by the occupants in leaving
windows or doors open to the exterior of the building.
[Amended 8-15-1995 by Ord. No. 1226]
MULTIPLE DWELLING
Any building or structure of one or more stories and any land appurtenant
thereto and any portion thereof in which four or more dwelling units are occupied
or are intended to be occupied by four or more persons who live independently
of each other. A premises which is used primarily for purposes other than
sleeping, dwelling or residence purposes shall not be considered a multiple
dwelling.
There is hereby established the Palisades Park Multiple-Dwelling Emergency
Commission, hereinafter referred to as the "Commission." Its members shall
be appointed by the Mayor with the advice and consent of the Council and shall
serve without compensation at the pleasure of the Mayor and Council of the
Borough of Palisades Park. The membership of the Commission shall consist
of the State and Local Housing Officers, the Construction Code Official, one
member of the Board of Health of the Borough of Palisades Park and one member
of the Borough Council of the Borough of Palisades Park, who shall be Chairman.
Any conduct or action of the Commission authorized by this article shall be
deemed valid and effective when taken by any three members of the Commission.
At any meeting of the Commission, a quorum shall consist of a majority of
the membership of the Commission.
The powers of the Commission shall consist of the following:
A. Examining those circumstances and conditions alleged
to constitute emergency conditions and declaring, where applicable, an emergency
condition to exist.
B. Arranging, in accordance with the terms of this article,
for the prompt repair, maintenance, supply or replacement of those items of
structure, equipment or supplies which are necessary to correct, eliminate
or alleviate the emergency condition.
C. Receiving, administering and expending security funds
deposited pursuant to the terms of this article.
D. Notifying owners of multiple dwellings, upon receipt
of appropriate complaints therefor or investigations de novo, that emergency
conditions exist where remedying of the same constitutes the owner's
responsibility, upon which the Commission shall issue to such owner an emergency
notice to proceed to correct or complete and abate said emergency condition
within the time period specified by this article or the order of the Commission.
Where an owner fails to comply with the notice or order of the Commission,
the Commission may undertake the necessary repairs or maintenance or provide
the necessary supplies to alleviate the emergency condition in conformity
with the Local Public Contracts Law. The cost in legal, search and advertising fees or charges, together
with the cost of such repairs, alterations, replacement or supplies, shall
be deemed a municipal lien against the real property for which the costs were
incurred. A detailed statement of said costs and the amount so due shall be
filed with the Borough Tax Assessor, and a copy thereof shall be forwarded
forthwith to the owner by registered mail. Any owner or party in interest
may, within 30 days of the date of the filing of the lien certificate, proceed
in a summary manner, by appealing to the Mayor and Council, to contest the
reasonableness of the amount or the accuracy of the costs set forth in the
borough lien certificate.