Ordinance No. 30-07

Introduced: November 1, 2007
Public Hearing: November 1, 2007
Status: Adopted

An ordinance repealing ordinance Nos. 22-73 and 36-74 of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey and authorizing the refund of security funds collected and held in escrow by the Township of Randolph

WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and

WHEREAS, October 4, 1973, the Governing Body of the Township of Randolph adopted Ordinance No. 22-73, entitled An Ordinance Requiring Owners of Multiple Dwellings To Post Security With The Township of Randolph And Authorizing The Expenditure Of Such Security Funds In Certain Emergency Situations; and

WHEREAS, Ordinance No. 22-73 requires owners of multiple dwellings to deposit security funds with the Randolph Multiple Dwelling Emergency Board (Board) to be used for the repair, maintenance, supply or replacement of those items of structure, equipment or supplies necessary to correct, eliminate or alleviate an emergency condition; and

WHEREAS, on August 1, 1974, the Governing Body of the Township of Randolph adopted Ordinance No. 36-74, which amends the amount of security funds to be deposited by the owner of more than 90 dwelling units and deletes the $5,000 maximum for security funds deposited with the Board pursuant to Ordinance No. 22-73; and

WHEREAS, the Township of Randolph has held security funds in escrow for 33 years for apartment complexes identified as and/or owned or controlled by Center Grove Associates, Center Grove Village, Quaker Village, Randolph Village, Gail Fatum and Anthony Rago and has never experienced an emergency that required the use of the security funds; and

WHEREAS, the Township of Randolph desires to repeal Ordinance Nos. 22-73 and 36-74 because New Jersey Statutes adequately protect tenants in this State; and

WHEREAS, the Township of Randolph desires to refund the security funds collected and held in escrow by the Township of Randolph pursuant to Ordinances 22-73 and 36-74.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Township of Randolph, in the County of Morris, State of New Jersey, as follows:

SECTION ONE. Ordinance Nos. 22-73 and 36-74 are repealed in their entirety.

SECTION TWO. Upon receipt of documentary proof acceptable to the Township Manager, Finance Officer and Attorney from the individuals or entities that own or control the apartment complex at issue evidencing the right to such funds, the Township shall refund all security funds collected and held in escrow by the Township of Randolph pursuant to Ordinance Nos. 22-73 and 36-74.

SECTION THREE. All Ordinances of the Township of Randolph that are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION FOUR. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

SECTION FIVE. This Ordinance shall take effect as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Michael Obremski, Mayor

CERTIFICATION

I, Donna Marie Luciani, Township Clerk, Township of Randolph, County of Morris, State of New Jersey, do hereby certify the foregoing to be a true copy of an Ordinance introduced, read by title, and passed on first reading at a regular meeting of the Randolph Township Council held on October 2, 2007 and adopted by the Governing Body at a regular meeting of the Township held on November 1, 2007.

_____________________________
Donna Marie Luciani, Township Clerk

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 30-07

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Repealing Ordinance Nos. 22-73 and 36-74 of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey and to Refund Security Funds Collected and Held in Escrow by the Township of Randolph” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on October 2, 2007 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on November 1, 2007 at 8 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to repeal Ordinance Nos. 22-73 and 36-74, which require owners of certain multiple dwellings to deposit security funds with the Randolph Multiple Dwelling Emergency Board to be used for the repair, maintenance, supply or replacement of those items of structure, equipment or supplies necessary to correct, eliminate or alleviate an emergency condition, because New Jersey Statutes adequately protect tenants in this State, and to refund the security funds collected and held in escrow by the Township of Randolph pursuant to Ordinance Nos. 22-73 and 36-74.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey