Township of Hainesport, NJ Rental Property

Includes the leasing, rental or other granting of occupancy for any period of time where title to the residential unit is not transferred to the actual occupant at the time such occupancy commences.

RESIDENTIAL RENTAL UNIT

Any building or part thereof, whether furnished or unfurnished, which is occupied or intended, arranged or designed to be occupied for sleeping or dwelling purposes by one or more persons, and shall include all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy thereof.

§ 140-2 Inspection certificate required; conditions.

Prior to any change in occupancy of any residential rental unit, including but not limited to any house, dwelling, apartment unit, boardinghouse unit or rooming house unit, whether by change of renting or leasing tenants or otherwise, which is used, partially used or intended to be used for human occupancy, an inspection certificate, as defined in the Uniform Construction Code, shall first have been obtained from the enforcement officer.[1]

[1]

Editor's Note: Throughout this article, "enforcement official" was amended to "enforcement officer" at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

The certificate shall be issued only upon satisfaction of the following standards and conditions:

(1)

Based on a general inspection of the visible parts of the building, there are no imminent hazards and the building is approved for continued occupancy.

(2)

Compliance with the attached checklist entitled "Rental Unit Inspection Report and Notice of Violation," which is incorporated as part of this article.[2]

[2]

Editor's Note: The Rental Unit Inspection Report and Notice of Violation is on file at the office of the Township Clerk.

(3)

Submission to the enforcement officer of a written certification by a qualified technician approved by the enforcement officer that the heating equipment serving the premises for which the certificate is requested is in proper and safe working order. This certification shall be dated not more than 30 days prior to the date of the application for an inspection certificate.

(4)

Compliance by the property owner or landlord with the requirements of N.J.S.A. 46:8-28 with regard to registration of required information with the Township Clerk.

(5)

The fee to obtain an inspection certificate as defined in the Uniform Construction Code shall be $50. This fee shall be in addition to a fee of $25 for the notice required in § 140-3A.

[Added 2-11-1997 by Ord. No. 1997-2-1; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 140-3 Procedures for obtaining inspection certificates.

An inspection certificate shall be requested, processed and issued in the following manner:

Prior to any residential rental unit becoming occupied or prior to the change of occupancy or possession by lease or rental agreement, the owner shall give written notice thereof to the Township enforcement officer on the attached form entitled "Rental Unit Inspection Request."[1] This notice shall contain the name and address of the owner, and, if the notice is given by someone on behalf of the owner, it shall include that person's name and address as well. The notice shall describe the residential rental unit.

[1]

Editor's Note: The Rental Unit Inspection Request is on file at the office of the Township Clerk.

Within 10 working days of receipt of the notice and fee as set forth above, the enforcement officer shall make an inspection of the premises for the purpose of determining compliance with the standards set forth in this article. For the purpose of making such inspections, the enforcement officer is hereby authorized to enter, examine and survey at all reasonable times all residential rental units and all rooms therein.

Within 15 working days of receipt of the application and payment of the fee, the enforcement officer shall issue an inspection report containing all existing violations of the standards contained in this article. All violations shall be corrected prior to the issuance of an inspection certificate and prior to any change of occupancy. In the event of any notice of deficiencies, the notice shall be served upon the applicant either personally or by certified (R.R.R.) and regular mail to his or her last known address.

Upon an inspection report being rendered without any violation being disclosed and compliance with the requirements of § 140-2 of this article, the enforcement officer shall issue to the applicant an inspection certificate for the subject premises so qualifying, which shall be valid until the next occurring change in ownership or occupancy or any subsequent inspection by the enforcement officer or other authorized inspection official which shall disclose ordinance violations, whichever occurs first.

§ 140-4 Appeals.

Any person affected by a decision rendered by the enforcement officer in connection with the enforcement of this article shall have the right to a hearing on the matter before the Township Committee, provided that such person shall file in person or by mail in the office of the Township Clerk a written request for a hearing within 10 days after the notice is served. The following procedures shall apply:

Upon receipt of such a hearing request, the Township Clerk shall set a time and place of such hearing within 30 days and shall give the petitioner and enforcement officer a minimum of five days' written notification thereof. At any hearing held in accordance with this section, the petitioner shall be given an opportunity to be heard and to show why such notice of defects should be modified or withdrawn. The Township Committee shall have the power to administer oaths and affirmations in connection with the conduction of any such hearing, and the strict rules of evidence prevailing in the courts shall be not controlling in any such hearings.

After the hearing, the Township Committee shall sustain, modify or withdraw the notice of inspection depending on its findings as to whether the provisions of this article and the rules and regulations adopted pursuant hereto have been complied with. If the Township Committee sustains or modifies such notice, it shall be deemed to be an order. The proceedings at such hearings, including the findings and decision of the Township Committee, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Township Clerk. Such records shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Township Committee may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this state.

§ 140-5 (Reserved) [1]

[1]

Editor's Note: Former § 140-5, Temporary certificate of occupancy, was repealed 2-11-1997 by Ord. No. 1997-2-1.

§ 140-6 Failure to inspect.

If the inspection is not made by the enforcement officer and neither an inspection certificate nor a notice of violation is issued to the owner within 15 days of the application for an inspection certificate, the owner may permit the residential rental unit to be occupied, but subject to the right of the enforcement officer to inspect said residential rental unit and, if a violation is found, to require the owner to correct said violation within 30 days of receipt of notice thereof.

§ 140-7 Nonliability of Township.

The Township of Hainesport shall not, by the performance of inspections and reinspections required hereby, become or be considered to be a guarantor to any owner, tenant or other person as to the condition of any building, unit or premises inspected or a participant in any contractual relationship between any persons or parties to the same.

The issuance of an inspection certificate indicates that, with the exception of any deficiencies noted, only a general inspection of the visible parts of the building has been made and no imminent hazardous conditions were observed which would preclude the continued legal use of this structure.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 140-8 Violations and penalties.

Any person who shall violate any of the provisions of this article shall, upon conviction, be subject to a fine not to exceed $2,000 and/or a term of community service not to exceed 90 days and/or a jail term in the Burlington County Jail not to exceed 90 days at the discretion of the sentencing judge. Each day that a violation shall continue shall be considered a separate violation of this article.

[Amended 5-23-2006 by Ord. No. 2006-5-4]

Where a fine in excess of $1,250 is sought to be imposed for a housing violation or for a zoning violation, the applicable owner and/or operator shall be provided a thirty-day period in which the owner and/or operator has an opportunity to cure or abate the condition prior to the scheduling of a hearing in municipal court. In the event that the objectionable activity or condition is not resolved to the satisfaction of the Township following said thirty-day period, then the owner/operator shall have an opportunity for a hearing before the municipal court. After the thirty-day period, the higher fine may be imposed if the municipal court has not determined that the abatement has been substantially completed.

[Added 5-23-2006 by Ord. No. 2006-5-4]

Article II Lead-Based Paint Inspections and Certificates

[Adopted 7-11-2023 by Ord. No. 2023-6]

§ 140-9 Definitions.

As used in this article only, the following terms shall have the meanings indicated, in accordance with P.L. 2021, c. 182 (N.J.S.A. 52:27D-437.16 et seq.) and N.J.A.C. 5:28A-1.1 et seq.:

DWELLING

A building containing a room or rooms, or suite, apartment, unit, or space that is rented and occupied, or intended to be rented and occupied, for sleeping and dwelling purposes by one or more persons.

DWELLING UNIT

A unit within a building that is rented and occupied, or intended to be rented and occupied, for sleeping and dwelling purposes by one or more persons.

MULTIPLE DWELLING

Any building or structure and any land appurtenant thereto, and any portion thereof, in which three or more dwelling units are occupied or intended to be occupied by three or more persons living independently of each other. "Multiple dwelling" also means any group of 10 or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two dwelling units are occupied, or intended to be occupied, by two persons or households living independently of each other, and any land appurtenant thereto, and any portion thereof. "Multiple dwelling" does not include those buildings and structures that are excluded pursuant to N.J.S.A. 55:13A-3(k).

MUNICIPAL INSPECTOR

The Township Code Enforcement Officer or designee.

OWNER

Any person who owns, purports to own or is properly authorized to exercise powers of or for an owner of property used as a dwelling unit, which shall include the owner, landlord, and/or agent of every single-family, two-family, and/or multiple-dwelling unit for rental.

PERIODIC LEAD-BASED PAINT INSPECTION

The initial inspection of all applicable dwelling units at the earlier of two years from the effective date of P.L. 2021, c. 182, (July 22, 2022) (N.J.S.A. 52:27D-437.6), or tenant turnover and, thereafter, the earlier of three years or upon tenant turnover, consistent with N.J.A.C. 5:28A-2.1, for the purposes of identifying lead-based paint hazards in dwellings subject to this article.

REMEDIATION

Interim controls or lead abatement work undertaken in conformance with this article to address lead-based paint hazards.

TENANT TURNOVER

The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit or the time at which a new tenant enters a vacant dwelling unit.

§ 140-10 Applicability.

All single-family, two-family, and multiple-rental dwellings must be inspected for lead-based paint hazards in accordance with this article except for the following:

Dwellings constructed during or after 1978;

Single-family and two-family dwellings that are rented out less than six months per year;

Dwellings that have been certified to be free of lead-based paint pursuant to N.J.A.C. 5:17-3.16(b) either after an abatement is completed or an evaluation has confirmed that there is no lead-based paint in the dwelling;

Multiple rental dwellings that have been registered with the Department of Community Affairs for at least 10 years and have no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1); and

Dwellings with a valid lead-safe certificate issued pursuant to the RLPIL (lead-safe certificates are valid for two years from the date of issuance).

§ 140-11 Lead-based paint inspections.

Initial inspection. The owner shall have every dwelling unit, as defined under this article, inspected for lead-based paint hazards upon tenant turnover or within two years of the effective date of P.L. 2021, c. 182, July 22, 2022, whichever is sooner.

Subsequent inspection. After initial inspection, the owner shall have all such dwelling units inspected for lead-based paint hazards every three years or upon tenant turnover, whichever is earlier, except that an inspection shall not be required at tenant turnover, if the dwelling unit owner has a valid lead-safe certification for the dwelling unit.

Coordination with the municipal inspector. Every owner of dwelling unit subject to this article shall be responsible for obtaining the required inspection and paying the applicable inspection fees, as provided in § 140-16. The owner must give the Municipal Inspector at least 30 calendar days-notice of the scheduled tenant turnover to schedule the required inspection.

(1)

Option for inspection performed by a licensed lead inspector/risk assessor or contractor. If an owner so chooses, a dwelling unit owner may directly hire a lead evaluation contractor to conduct the periodic lead-based paint inspections for lead-based paint. Inspections shall be performed consistent with this article.

(2)

The municipality shall have the authority to conduct inspections or investigations of owners that directly hire lead evaluation contractors to ensure that periodic lead-based paint inspections are being performed, in accordance with this article.

(3)

The municipality shall have the authority to prohibit an owner from directly hiring a lead evaluation contractor to conduct a periodic lead-based paint inspection in the following situations:

(a)

An owner, who previously opted to hire a lead evaluation contractor to perform the periodic lead- based paint inspection, failed to have the inspection completed; or

(b)

The municipality determines there is a conflict of interest between the owner and their lead-evaluation contractor of choice.

Inspections shall be conducted pursuant to N.J.A.C. 5:28A-2.3.

§ 140-12 Lead-safe certificate.

If no lead-based paint hazards are identified upon inspection, the Municipal Inspector or hired licensed lead inspector/risk assessor or contractor shall certify the dwelling as lead-safe on the form prescribed from the Department of Community Affairs. A lead-safe certificate shall be valid for two years from the date of issuance. A copy of the lead-safe certificate shall be filed with the Township Code Enforcement Officer. If the inspection is performed by a hired licensed lead inspector/risk assessor or contractor, said inspector shall informed the Township of the results.

§ 140-13 Identification of a lead-based paint hazard.

If lead-based paint hazards are identified upon inspection, the inspector shall notify the Department of Community Affairs for review of the findings, in accordance with the Lead Hazard Control Assistance Act.[1]

[1]

Editor's Note: See N.J.S.A. 52:27D-437.1 et seq.

If a lead-based paint hazard is identified in an inspection of one of the dwelling units in a building consisting of two or more dwelling units, then the lead contractor or Municipal Inspector shall inspect the remainder of the building's dwelling units, with the exception of those dwelling units that have been certified to be free of lead-based paint or which have a valid lead-safe certification.

§ 140-14 Responsibility for remediation of lead-based paint hazards.

The owner of the dwelling unit shall be responsible for remediation of the lead-based paint hazard. Remediation and any reinspections required following remediation must be conducted consistent with N.J.A.C. 5:28A-2.5. Documentation of such remediation shall be provided to the Municipal Inspector.

§ 140-15 Owner responsibility.

The owner of a dwelling that is subject to this article shall provide the tenant and Township evidence of a valid lead-safe certification obtained pursuant to this article at the time of tenant turnover. The owner shall also affix a copy of any such certification as an exhibit to the tenant's lease.

The owner of a multiple dwelling that is subject to this article shall provide evidence of a valid lead-safe certification obtained pursuant to this article, as well as evidence of the most recent tenant turnover, at the time of any cyclical inspection performed pursuant to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.

The owner of a dwelling that is subject to this article shall maintain a record of the lead-safe certification, which shall include the name or names of a unit's tenants, if the inspection was conducted during a period of tenancy.

The owner of any dwelling subject to this article shall inform the Township of all tenant turnover activity to ensure any required inspection may be scheduled. The owner must provide thirty-day notice to the Municipal Inspector to coordinate the necessary inspection.

The owner of a dwelling shall provide a copy of this article, and any lead-safe certifications issued pursuant thereto, along with the accompanying guidance document, "Lead-Based Paint in Rental Dwellings," to any prospective owners of the dwelling during a real estate transaction, settlement, or closing.

§ 140-16 Fees.

Prior to inspection, the owner must pay two fees to the Township:

(1)

Fifty dollars for cost of a visual inspection, which shall be used for implementation and enforcement of this article;

(2)

Certified lead evaluation contractor fee, should Hainesport Township be required to conduct dust wipe sampling in the future;

(3)

Twenty dollars per unit for purposes of the Lead Hazard Control Assistance Act, P.L. 2002, c. 311.

In a common interest community, any inspection fee charged pursuant to § 140-16A shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.

§ 140-17 Violations and penalties.

Pursuant to N.J.S.A. 52:27D-437.6 and N.J.A.C. 5:28A-4.1, the Municipal Inspector is authorized to conduct investigations and issue penalties in order to enforce an owner's failure to comply with this article.

The owner shall be given a period of 30 days to cure any violation by conducting the required inspection or initiating any required remediation efforts.

If the owner has not cured the violation after 30 days, the owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or the remediation efforts have been initiated.

(1)

Remediation efforts shall be considered to be initiated when the owner has hired a lead abatement contractor or other qualified party to perform lead-hazard control methods.