[Adopted 7-19-2022 by Ord. No. 7750-22]
The following definitions shall apply to this article:
A real estate development or neighborhood in which the property
is burdened by servitudes requiring property owners to contribute
to maintenance of commonly held property or to pay dues or assessments
to an owners' association that provides services or facilities
to the community.
A sample collected by wiping a representative surface and
tested in accordance with a method approved by the United States Department
of Housing and Urban Development.
A person certified by the Department of Community Affairs
to perform lead inspection and risk assessment work pursuant to N.J.A.C.
5:17-1.1 et seq. This includes the ability to perform dust wipe sampling.
Any condition that causes exposure to lead from lead-contaminated
dust or lead-contaminated paint that is deteriorated or present in
surfaces that would result in adverse human health effects.
A certification which confirms that a lead-based paint inspection
was performed and that no lead-based paint exists in the dwelling
unit or that all lead-based paint hazards have been fully abated.
A certification which confirms that a lead-based paint inspection
was performed and no lead- based paint hazards were found. This certification
is valid for two years from the date of issuance.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
A person that is certified to perform a visual assessment.
A.
A lead inspector for the City of Clifton shall inspect every single-family,
two-family, and multiple rental dwelling located within the City of
Clifton for lead-based paint hazards through visual assessment and
dust wipe sampling in accordance with N.J.S.A. 52:27D-437.16 et seq.,
as may be amended from time to time.
B.
The property owner or landlord may, in lieu of having the dwelling
inspected by the City's lead inspector, directly hire a private
lead inspector who is certified to provide lead paint inspection services
by the Department of Community Affairs to perform the lead-based paint
inspection in accordance with N.J.S.A. 52:27D-437.16 et seq., as may
be amended from time to time.
C.
In accordance with N.J.S.A. 52:27D-437.16(c), a dwelling unit in
a single-family, two- family, or multiple rental dwelling shall not
be subject to inspection and evaluation for the presence of lead-based
paint hazards if the unit:
(1)
Has been certified to be free of lead-based paint;
(2)
Was constructed during or after 1978;
(3)
Is in a multiple dwelling that has been registered with the Department
of Community Affairs as a multiple dwelling for at least 10 years,
either under the current or a previous owner, and has no outstanding
lead violations from the most recent cyclical inspection performed
on the multiple dwelling under the Hotel and Multiple Dwelling Law;[1]
[1]
Editor's Note: See N.J.S.A. 55:13A-1 et seq.
(4)
Is a single-family or two-family seasonal rental dwelling which is
rented for less than six months duration each year by tenants that
do not have consecutive lease renewals; or
(5)
Has a valid lead-safe certification.
D.
If lead-based paint hazards are identified, then the owner of the
dwelling shall remediate the hazards through abatement or lead-based
paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d).
Upon the remediation of the lead-based paint hazard, the City's
lead inspector or visual assessor, as may be applicable, or the owner's
private lead inspector, shall conduct an additional inspection of
the unit to certify that the hazard no longer exists.
E.
If no lead-based paint hazards are identified, then the City's
lead inspector or the owner's private lead inspector shall certify
the dwelling as lead safe on a form prescribed by the Department of
Community Affairs, which shall be valid for two years.
F.
In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall:
(1)
Provide evidence of a valid lead-safe certification and the most
recent tenant turnover to the City of Clifton at the time of the cyclical
inspection.
(2)
Provide evidence of a valid lead-safe certification to new tenants
of the property at the time of tenant turnover and shall affix a copy
of such certification as an exhibit to the tenant's or tenants'
lease.
(3)
Maintain a record of the lead-safe certification which shall include
the name or names of the unit's tenant or tenants if the inspection
was conducted during a period of tenancy.
G.
The fees for a lead-based paint inspection shall be as follows:
(1)
The fee for a visual assessment and dust wipe sampling inspection
performed by the City's lead inspector shall be $300 for a dwelling
unit that has one bedroom. There shall be an additional fee of $30
for each additional bedroom in the dwelling unit.
(2)
The fee for a visual assessment inspection performed by the City's
lead inspector or visual assessor shall be $125 per dwelling unit.
(3)
The fee for the filing of a lead-safe certification or lead-free
certification shall be $25.
(4)
In a common interest community, any inspection fee charged shall
be the responsibility of the unit owner and not the homeowners'
association, unless the association is the owner of the unit.
(5)
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of
$20 per dwelling unit inspected by the City's lead inspector
or the owner's private lead inspector shall be assessed for the
purposes of the Lead Hazard Control Assistance Act[2] unless the unit owner demonstrates that the Department
of Community Affairs has already assessed an additional inspection
fee of $20. The fees collected pursuant to this subsection shall be
deposited into the Lead Hazard Control Assistance Fund.
[2]
Editor's Note: N.J.S.A. 52:27D-437.1 et seq.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of § 273-46D and F shall be as follows:
A.
If a property owner has failed to conduct the required inspection
or initiate any remediation efforts, the owner shall be given 30 days
to cure the violation.
B.
If the property owner has not cured the violation after 30 days,
the property owner shall be subject to a penalty not to exceed $1,000
per week until the required inspection has been conducted or remediation
efforts have been initiated.
