Bill Text: NJ A4117 | 2010-2011 | Regular Session | Introduced
Bill Title: Clarifies manner of delivery of certain notices pursuant to "Hotel and Multiple Dwelling Law."
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-06-16 - Introduced, Referred to Assembly Housing and Local Government Committee [A4117 Detail]
Download: New_Jersey-2010-A4117-Introduced.html
Sponsored by:
Assemblyman DAVID P. RIBLE
District 11 (Monmouth)
SYNOPSIS
Clarifies manner of delivery of certain notices pursuant to "Hotel and Multiple Dwelling Law."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the delivery of certain notices concerning hotels or multiple dwellings and amending P.L.1967, c.76.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 19 of P.L.1967, c.76 (C.55:13A-19) is amended to read as follows:
19. (a) No person shall
(1) Obstruct, hinder, delay or interfere with, by force or otherwise, the commissioner in the exercise of any power or the discharge of any function or duty under the provisions of P.L.1967, c.76 (C.55:13A-1 et seq.); or
(2) Prepare, utter or render any false statement, report, document, plans or specifications permitted or required to be prepared, uttered or rendered under the provisions of P.L.1967, c.76 (C.55:13A-1 et seq.); or
(3) Render ineffective or inoperative any protective equipment installed, or intended to be installed, in any hotel or multiple dwelling; or
(4) Refuse or fail to comply with any lawful ruling, action, order or notice of the commissioner; or
(5) Violate, or cause to be violated, any of the provisions of P.L.1967, c.76 (C.55:13A-1 et seq.).
(b) Any person who violates, or causes to be violated, any provision of subsection (a) of this section shall be liable to a penalty of not less than $50.00 nor more than $500.00 for each violation, and a penalty of not less than $500.00 nor more than $5,000.00 for each continuing violation. Penalties imposed for violations relating to child-protection window guards pursuant to the provisions of P.L.1995, c.120 (C.55:13A-7.12 et seq.) shall be no less than $100 for each window or incident. Whenever a violator is convicted of knowingly continuing to violate a provision of P.L.1995, c.120 (C.55:13A-7.12 et seq.) relating to child-protection window guards after the imposition of a penalty of $5,000 pursuant to this section, the violator shall be guilty of a crime of the fourth degree. Where any violation of subsection (a) of this section is of a continuing nature, each day during which such continuing violation remains unabated after the date fixed by the commissioner in any order or notice for the correction or termination of such continuing violation, shall constitute an additional, separate and distinct violation, except during the time an appeal from said order may be taken or is pending. The commissioner, in the exercise of his administrative authority pursuant to this act, may levy and collect penalties in the amounts set forth in this section. Where the administrative penalty order has not been satisfied within 30 days of its issuance the penalty may be [sued for, and] recovered by and in the name of the commissioner [in a civil action by a summary proceeding] under ["The Penalty] the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) [in the Superior Court].
(c) Any person shall be deemed to have violated, or to have caused to be violated, any provision of subsection (a) of this section whenever any officer, agent or employee thereof, under the control of and with the knowledge of said person shall have violated or caused to be violated any of the provisions of subsection (a) of this section.
(d) The commissioner may cancel and revoke any permit, approval or certificate required or permitted to be granted or issued to any person pursuant to the provisions of this act if the commissioner shall find that any such person has violated, or caused to be violated, any of the provisions of subsection (a) of this section.
(e) Any penalties collected pursuant to this section levied as the result of a violation of subsection (w) of section 7 of P.L.1967, c.76 (C.55:13A-7) and which occurred pursuant to inspection for lead-based paint hazards shall be deposited in the Lead Hazard Control Assistance fund established pursuant to section 4 of P.L.2003, c.311 (C.52:27D-437.4). Penalties levied as the result of multiple violations shall be allocated to the Lead Hazard Control Assistance fund in such proportion as the commissioner shall prescribe.
(cf: P.L.2006, c.55, s.6)
2. Section 20 of P.L.1967, c.76 (C.55:13A-20) is amended to read as follows:
(a) Notices, rules, decisions, and orders required or permitted to be issued and served pursuant to this act shall be served as follows:
(1). On the owner:
(i) By mailing same by certified or ordinary mail, [return receipt requested,] to the person designated as owner or agent on the certificate of registration or in the municipal tax records or in the records of the [Secretary of State.] Department of the Treasury; or
(ii) [If the above certified mailing is returned, the original letter shall be remailed to the last known address by common mail] By service upon the owner, or upon a person who is authorized to accept service on behalf of the owner in a civil matter, in accordance with the New Jersey Rules of Court.
(2). On the occupant:
(i) By mailing same by certified or ordinary mail, [return receipt requested,] to said occupant, or
(ii) [If the above certified mailing is returned, the original letter shall be remailed to the last known address by common mail] By service upon the occupant, or upon a person who is authorized to accept service on behalf of the occupant in a civil matter, in accordance with the New Jersey Rules of Court.
(b) Rules, Decisions, and Orders required or permitted to be issued and served pursuant to this act shall be served as follows:
(1). On the owner:
(i) By mailing same by certified or ordinary mail, [return receipt requested,] to the person designated as owner or agent on the certificate of registration or in the municipal tax records or in the records of the [Secretary of State.] Department of the Treasury; or
(ii) By serving same on the [Secretary of State] Department of the Treasury, who shall be deemed the owner's agent for service of process, provided however, that reasonable efforts have first been made to serve the owner or his agent by certified or ordinary mail and that a copy of such notice is posted in a conspicuous location on the premises. "Conspicuous location" shall include the walls of the front vestibule or in any common foyer or hallway immediately inside the main front entrance.
(2). On the occupant:
(i) By mailing same by certified or ordinary mail, [return receipt requested,] addressed to the occupant at the premises, or
(ii) By leaving same at the dwelling unit of the occupant with a [person] competent member of the household of the age of 14 or older.
(c) The date of service shall be considered either the date of personal service, the date of delivery supported by sufficient evidence, or the date of the third day after mailing, whichever occurs [later] first.
(cf: P.L.1970, c.138, s.12)
3. This act shall take effect immediately.
STATEMENT
This bill clarifies and expedites the manner of delivery of certain notices, rules, decisions, and orders pursuant to the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.).
