The City Council recently modified local regulations governing the temperature at which landlords must maintain their dwellings for tenants.
City Attorney Charles D’Amico advised the council that the change was in line with state laws, in response to an article in a local daily newspaper saying it might not be.
The ordinance fine tunes the local law, D’Amico said. Beforehand, the ordinance required a landlord or store owner to maintain a minimum heat level for 12 months a year. Thanks to the change, the law pertains to the period of Oct. 1 to May 1. The law requires a landlord or store owner to maintain daytime temperatures at 68 degrees Fahrenheit between 6 a.m. and 11 p.m., and 65 degrees between 11 p.m. and 6 a.m.
“This has no effect on a private homeowner.” – Charles D’Amico
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D’Amico said that state law leaves the specifics of these up to the municipalities, contrary to a newspaper report that the city might be violating state regulations.
“We are considered the enabling authority,” D’Amico said.
This means that the city, not the state, determines the times and dates.
A local daily newspaper reported that the proposed ordinance, when it set the shorter date from Oct. 15 to April 15, would have violated the state’s statutes for multiple dwelling homes of four units or more. State law does say that the heat must be maintained from Oct. 1 to May 1 for these.
Richard Barba, a resident of Bayonne, said the state does regulate some numbers. He submitted the details of the state law to the city via email.
The law only pertains to property owners who have tenants. D’Amico noted, “This has no effect on a private homeowner who is living in a house. If that person wishes not to turn up the heat, that’s fine.”
City cracks down on illegal limo operations
The City Council introduced an ordinance that would crack down on rogue limousines that might use Bayonne as an illegal base for operations.
Police Chief Robert Kubert said this ordinance will bring the city’s regulations into line with the state’s, and will prohibit limousine services from using Bayonne as a refuge.
“A lot of out-of-town limousine services come into town, rent an apartment here, and use that as their base of operations,” Kubert said.
Kubert said that these rogue limousine services go from town to town searching out places whose regulations aren’t current with state law.
State law requires all limousine and rental car chauffeurs/operators to complete a criminal background check. The state defines a “limousine” as a motor vehicle used in the business of carrying passengers, for hire, to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled charter basis. It must have a seating capacity of no more than 14 passengers – not including the driver – and must carry a minimum liability insurance of $15 million. The law requires each company to get a license from the municipality, and to declare which town is its principal place of business.
Council delays towing suspension pending appeal
The City Council agreed to delay the suspension of its contract with Marks Advanced Towing in order to give the company time to appeal the city’s decision.
The chief of police had recommended a suspension for alleged overcharging. Marks Advanced Towing exercised its right to appeal at a special meeting two months ago. The council agreed to issue a shorter suspension.
Police Chief Robert Kubert conducted a hearing on Oct. 27, and in a ruling made on Nov. 4, concluded that Marks Advancing Towing had allegedly violated the city’s towing ordinance by “improperly charging fees for towing services.”
Kubert said that the appropriate penalty for violation of the ordinance is that the company not be permitted to apply to operate for the city for two years.
On Nov. 29, the City Council heard the company’s appeal. Witnesses included Kubert, former City Attorney Jay Coffee, and representatives from Marks Advanced Towing. The council concluded that Marks Advanced Towing had “inappropriately charged customers” in violation of the city ordinance, had previously lost its city towing privileges in 2008, and had charged customers amounts other than those approved by the city.
The council agreed to support the rejection of Marks Advanced Towing’s application for a license this year, but will allow the company to reapply after a one year additional suspension. The City Council also agreed to leave Advanced in the towing cycle pending its appeal to Superior Court.
Under the current program, towing companies take turns responding to police calls for towing.