Chapter 64. Multiple Dwelling Security Funds
CHAPTER 64 MULTIPLE DWELLING SECURITY FUNDS
§ 64-1. Definitions.
§ 64-2. Multiple Dwelling Emergency Commission.
§ 64-3. Deposit of security funds.
§ 64-4. Expenditure of funds; procedures for replenishing account.
§ 64-5. Failure to comply with provisions.
§ 64-6. Emergency conditions authorizing expenditures.
§ 64-7. Affidavits and testimony; liability for false statements.
§ 64-8. Violations and penalties; enforcement.
§ 64-9. Severability.
§ 64-10. When effective.
[HISTORY: Adopted by the Township Council of the Township of Gloucester 10-8-76 by Ord. No. 0-76-30. Amendments noted where applicable.]
General References
Rent Stabilization - See Ch. 68.
Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:
§ 64-1. Definitions.
In applying and interpreting this ordinance, the following terms Shall have the meanings indicated:
DWELLING UNIT - Any room or rooms, suite, apartment, townhouse, condominium, condominium apartment and townhouse, as defined in N.J.R.S.46:8B-3et seq., whether furnished or unfurnished, which is occupied or intended, arranged or designed to be occupied for sleeping, dwelling or residence purposes by one (1) or more persons.
EMERGENCY CONDITION - Any condition dangerous or injurious to the health or safety of the occupant or occupants of neighboring buildings, which arises out of any of the following circumstances or conditions:
A. Lack of adequate ventilation or light.
B. Lack of adequate and properly functioning sanitation facilities.
C. Lack of adequate and healthful water supply.
D. Any structural, mechanical, electrical or other defect or insufficiency which may be detrimental to the health and safety of any occupants of a dwelling unit, as defined by this ordinance, or any "emergency condition" of the land or premises which would constitute a violation under any municipal ordinance of the Township of Gloucester and as determined by a duly authorized officer of the Township.
E. Lack of a properly functioning heating unit which shall be capable of maintaining every habitable room in each dwelling unit at a temperature of at least seventy-two degrees fahrenheit (72° F) whenever the outside temperature falls below sixty degrees Fahrenheit (60°F) from October 1 of each year until the next succeeding May 20; and, where air conditioning is provided within a dwelling unit, such cooling facility shall be sufficient to maintain a constant temperature of seventy degrees Fahrenheit (70°F) based on an outside temperature of eight-five degrees Fahrenheit (85°F).
MULTIPLE DWELLING - Any building or structure of one (1) or more stories, and any land appurtenant thereto and any portion thereof, in which four (4) or more dwelling units are occupied or are intended to be occupied, except that any townhouse used as a dwelling unit which is connected in a line of three (3) or more shall, for the purpose of this ordinance, be considered a "multiple dwelling." Premises which are used primarily for purposes other than sleeping, dwelling or residence shall not be considered a "multiple dwelling."
OFFICER - The Gloucester Township Building Inspector, Fire Marshal, Township Clerk, Health Inspector or any other duly designated township official charge with the responsibility of protecting the health, safety and general welfare of the township residents.
§ 64-2. Multiple Dwelling Emergency Commission.
A. There is hereby established the Gloucester Township Multiple Dwelling Emergency Commission, hereinafter referred to as the "Commission," which shall consist of five (5) members and shall include a member of the Township Council appointed by said governing body; the Mayor, who shall serve as Chairman of the Commission; a member of the Advisory Board of Health, appointed by the Mayor; one (1) landlord and one (1) tenant, residing in Gloucester Township, both of whom shall be appointed by the Township Council. A quorum shall consist of a majority of the membership of the Commission. A Secretary shall be elected by the Commission, and each member shall serve a term of one (1) year.
B. Duties of Commission. The duties of the Commission shall consist of the following:
1. Receiving, administering and expending security funds deposited pursuant to the terms of this ordinance.
2. Examining or authorizing examinations by duly authorized officials of those conditions and circumstances defined as, or alleged to constitute, emergency conditions, and declaring, where applicable, an emergency condition to exist.
3. Arranging, in accordance with the terms of this ordinance, 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 or conditions.
4. Otherwise to administer and enforce the terms and provisions of this ordinance.
§ 64-3. Deposit of security funds.
A. The owner of a multiple dwelling, and any association created for the maintenance of condominium common elements or space and/or management of said condominium, shall deposit with the Township Clerk security funds to be used for the repair, maintenance, supply or replacement of those items of structure, equipment or supplies which are necessary to correct, eliminate or alleviate an emergency condition. The amount of the security funds to be deposited with the Township Clerk shall be computed in the following manner:
1. Where the owner owns between four (4) and twenty-five (25) dwelling units, the owner shall deposit fifty dollars ($50.) for each dwelling unit.
2. Where the owner owns between twenty-six (26) and forty (40) dwelling units, the owner shall deposit one thousand two hundred fifty dollars ($1,250.) for the first twenty-five (25) units and twenty five dollars ($25.) for each additional dwelling unit owned.
3. Where the owner owns more than forty (40) dwelling units, the owner shall deposit one thousand two hundred fifty dollars ($1,250.) for the first twenty-five (25) units, twenty-five dollars ($25.) per unit for the next fifteen (15) units and ten dollars ($10.) per unit for each additional unit.
B. In no event shall an owner be required to deposit more than Three thousand dollars ($3,000.) in security funds pursuant to this ordinance.
C. All funds required to be deposited under the terms of this ordinance shall be delivered to the office of the Township Clerk within fifteen (15) days after receipt of notice from the Commission of the amount due. Notice of the amount due may be given by the Commission or its agent by personally delivering the same to the owner, or the owner's agent, servant, employee or joint venturer on the owner's premises, or by certified mail sent to the owner's last registered address.
D. Upon receipt of such security funds, the Township Clerk shall deposit these funds in an interest-bearing savings account at a federally insured bank depository within the township in the name of the Gloucester Township Multiple Dwelling Emergency Commission in trust for each particular owner. All interest payable on such accounts shall accrue to the particular owner on whose behalf the account is maintained by the Commission. The Commission may expend up to one percent (1%) of the trust fund for administration expenses, including bank charges, postage, stationery, secretarial services, engineering and legal services and such other professional services as are necessary to perform its duties, all to be paid by voucher, a copy of which shall be provided to the owner originally posting said trust fund, except that legal services and other expenses required to be expended to secure compliance with the provisions of this ordinance from the owner and/or condominium association shall be considered as additional administration expenses properly charged against said trust.
E. Condominium associations created for the administration and/or management of common elements and open space and/or management of said condominiums shall be require to make deposits in accordance with the number of dwelling units within the condominium association, equal to fifty percent (50%) of that sum provided in Subsection A(1) through (3) and B of this section.
§ 64-4. Expenditure of funds; procedures for replenishing account.
A. In the event that the Commission spends money from any account, as authorized by this ordinance, thus reducing the amount in the account and leaving less than the sum required as computed in § 64-3, the Gloucester Township Multiple Dwelling Emergency Commission shall immediately notify the owner and/or association, in the same manner as notification is required in § 64-3 of this ordinance, of the amount of money necessary to bring that account up to the originally required amount. The owner and/or association shall deposit such required funds as follows:
1. Where the balance remaining in the account is more than one thousand five hundred dollars ($1,500.), the deposit shall be made within thirty (30) days from the date notice is received.
2. Where the balance remaining in the account is one thousand five hundred dollars ($1,500.) or less, the deposit shall be made within fifteen (15) days from the date notice is received.
B. Where the Commission has spent money from an account, the owner/or association may appeal to the Township Council of the Township of Gloucester for a hearing concerning solely the issues of whether or not an emergency condition did exist and whether the amount expended to remedy the emergency condition was reasonable. If such appeal is desired, the appellant shall, within ten (10) days of receiving notice of the amount spent, file with the Township Clerk of the Township of Gloucester a letter requesting such appeal. The Township Council shall hold a hearing regarding the aforementioned issues not less than ten (10) nor more than thirty (30) days after the Township Clerk has received the request from the appellant, and it shall render its decision within fourteen (14) days after the hearing has been conducted. By mutual consent between the Township Council and the aggrieved party, the time limitations herein may be extended. A record of any such hearings shall be made and kept at the office of the Township Clerk.
C. If the Township Council shall determine that the money expended by the Commission is not reasonable or that an emergency condition did not exist, then such aggrieved party shall be given credit by the authority for such improper expenditure of funds and shall not be required to redeposit money with the Township Clerk in accordance with § 64-3 of this ordinance. At the end of the budget year in which such unreasonable expenditure is made, the Township Council shall provide a line item in its budget for the reimbursement of such unreasonable expenditure to the trust account of the aggrieved party. Thereafter, the aggrieved party shall be required to maintain the trust account in accordance with the provisions of this ordinance.
§ 64-5. Failure to comply with provision.
In the event that the owner and/or condominium association or any party required to deposit escrows or make reimbursement to the Commission shall, after proper notice, fail to comply with the provisions of this ordinance, the Township Solicitor shall be authorized to maintain legal action in a court of competent jurisdiciton to compel compliance with the provisions of this ordinance.
§ 64-6. Emergency conditions authorizing expenditures.
A. The Commission shall be authorized to expend the moneys from the trust account it maintains for any party to correct, eliminate or alleviate an emergency condition only when:
1. It has examined those circumstances and conditions alleged to constitute an emergency condition, has received a report on such alleged emergency condition from the duly authorized officer and has declared an emergency condition to exist; and
2. The remedying of such emergency condition is the owner's and/or association's responsibility; and
3. The owner or association or the owner's and/or association's agent, servant, employee or joint venturer has received notice, in person or by regular mail, telegram or telephone conversation, of the circumstances or conditions constituting the emergency condition from either the Commission or an affected tenant or resident and an appropriate affidavit or sworn testimony under oath has been filed and/or made with and/or to the Commission by the individual who has so notified the owner's and/or association's agent, servant, employee or joint venturer; and
4. No work has been commenced by the owner and/or association or the owner's and/or association's agent, servant, employee or joint venturer to correct, eliminate or alleviate the emergency condition within forty-eight (48) hours after notification of the circumstances and conditions constituting the emergency condition, as described in Subsection A(3) of this section, has been received; or
5. Where work has commenced within the forty eight hour period referred to in Subsection A(4) of this section but such work has not been reasonable completed within seventy-two (72) hours after the work was commenced and, in the opinion of a duly authorized officer, the work could have been completed within seventy-two (72) hours.
B. The Clerk of the Township of Gloucester is authorized to withdraw and expend security funds only after he has received, in writing, an authorization by the Commission, which authorization shall be signed by the Chairman and Secretary of the Commission.
§ 64-7. Affidavits and testimony; liability for false statements.
A. Any affidavit of notice or testimony of notice given by any individual under oath to the Commission shall include the circumstances and conditions alleged by that individual to constitute an emergency condition, and such affidavit or sworn testimony shall provide and/or acknowledge that individual's liability under Subsection B of this section.
B. Any person and/or person who intentionally, willfully, negligently or falsely represent any affidavit or, under oath, any material fact(s) concerning notice, or the alleged emergency condition upon which the Commission relies causing it to improperly expend trust funds which must be reimbursed by the township, shall, in addition to other penalties provided herein for violation of this ordinance, reimburse the Township of Gloucester to the extent of such improper expenditure.
§ 64-8. Violations and penalties; enforcement.
A. Any person, firm, association or persons or corporation found guilty of violating any of the provisions of this ordinance shall, upon conviction thereof, pay a fine not to exceed five hundred dollars ($500.). Each day that a violation occurs shall be a separate offense.
B. Notwithstanding any penalties hereinabove described which may be imposed for the violation of any provision of this ordinance, the Township of Gloucester, the Commission or any duly authorized official may take such other action or institute such proceedings in any court of competent jurisdiction as shall be required to enforce the provisions of this ordinance.
§ 64-9. Severability.
If any portion of this ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining sections of this ordinance.
§ 64-10. When effective.
This ordinance shall become effective twenty (20) days after the first publication hereof after final passage as provided by law.