[HISTORY: Adopted by the Mayor and Council
of the Borough of Dumont by Ord.
No. 921 (Secs. 11A-10 through 11A-14 of the 1970
Revised Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 216.
The Health Officer and Local Housing Officer
shall be and they are hereby designated as authorized Borough officials,
whenever necessary to protect the health and safety of residential
tenants as hereinafter defined, to act as an agent for a landlord
in engaging a fuel oil dealer to deliver fuel oil at a reasonable
price per gallon and to refire the burner to restore the proper heating
of any residential property rented by the landlord; provided, however,
that at least 12 hours have elapsed, if the outside air temperature
is between 33° and 55° F., inclusive, or at least four hours
have elapsed if the outside air temperature is 32° F. or less,
since the tenant has lodged a complaint with any municipal officer
or agency, prior to which complaint a bona fide attempt has been made
by the tenant or his representative to notify the landlord of the
lack of heat, and the landlord has failed to take appropriate action.
"Lack of heat" means maintaining less heat than required by N.J.S.A.
26:3-31.
A fuel oil dealer who delivers fuel oil or refires the burner in accordance with § 228-1 above may bill the landlord directly, or the municipality in which the property is located may issue a voucher to the fuel oil dealer for the money amount due on fuel oil delivered and the service charge for refiring the burner, if any. The voucher shall be paid in the manner provided for the approval and payment of claims pursuant to N.J.S.A. 40A:5-17.
A landlord or his agent whose negligence or failure to act results in municipal action as set forth above in § 228-1, shall be liable to a civil penalty of not more than $300 for each affected dwelling unit in the residential property. Said penalty shall be recoverable by the Borough in a civil action brought by way of summary proceedings pursuant to N.J.S.A. 2A:58-10, brought in the Superior Court, County District Court or the Municipal Court. The amount of said penalty shall be paid to the municipality to be used for general municipal purposes. In such proceedings, the Court shall also order the landlord or his agent to reimburse the municipality for actual costs incurred for any fuel oil delivered and service charges for refiring the burner, if any, and for reasonable attorneys' fees and costs.
A.
Every landlord shall, within 30 days following the
effective date of this chapter, or at the time of the creation of
the first tenancy in any newly constructed or reconstructed building,
file with the Clerk of the municipality a statement which shall contain
the following information:
(1)
The name and address of the record owner or owners
of the premises and the record owner or owners of the rental business,
if not the same persons.
(2)
If the record owner is a corporation, the name and
address of the registered agent and corporate officers of said corporation.
(3)
If the address of any record owner is not located
in the county in which the premises are located, the name and address
of a person who resides in or has an office in the county in which
the premises are located and is authorized to accept notice from a
tenant and to issue receipts therefor and to accept service of process
on behalf of the record owner.
(4)
The name and address of the managing agent of the
premises, if any.
(5)
The name and address, including the dwelling unit,
apartment or room number of the superintendent, janitor, custodian
or other individual employed by the record owner or managing agent
to provide regular maintenance service, if any.
(6)
The name, address and telephone number of an individual
representative of the record owner or managing agent who may be reached
or contacted at any time in the event of an emergency affecting the
premises or any unit of dwelling space therein, including such emergencies
as the failure of any essential service or system, and who has the
authority to make emergency decisions concerning the building and
any repair thereto or expenditure in connection therewith.
(7)
The name and address of every holder of a recorded
mortgage on the premises.
(8)
If fuel oil is used to heat the building and the landlord
furnishes the heat in the building, the name and address of the fuel
oil dealer servicing the building and the grade of fuel oil used.
B.
Every landlord hereby required to file a registration
statement as described in this section hereinabove shall file an amended
registration statement within seven days after any change
in the foregoing information required to be included thereon.
The provisions of this chapter do not apply
to owner-occupied residential rental properties containing five units
or less.
