[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Berlin 4-13-2023 by Ord. No. 2023-01. Amendments noted
where applicable.]
A.
Annually, on or before January 1, all owners of a residential rental
unit within the Borough, or upon change in occupancy of a residential
rental unit, shall present to the Borough Construction Official notice
of the last tenant turnover date, as well as a valid lead-based paint
evaluation report prepared by a certified lead evaluation contractor
as defined in P.L. 2021, c. 182.[1] Should the owner fail to provide such a report within
30 days of filing, the Borough shall have said inspection performed
with the Borough's cost for same to be assessed against the landlord's
rental property as a municipal lien.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.16.
B.
Should the evaluation report identify lead-based hazards, then the
owner shall remediate the hazards through abatement or lead-based
control mechanisms. The remediation shall be confirmed through a subsequent
lead-based hazard inspection. The identification of a lead-based hazard
will result in the Borough, or the inspector retained to conduct such
inspections, providing notification of same to the Commission of Community
Affairs.
C.
No residential rental unit shall be occupied until a valid lead-based paint evaluation report prepared by a certified lead evaluation contractor as defined in P.L. 2021, c. 182 is provided or obtained by the Borough pursuant to Subsection A above. Further, if the evaluation report identifies lead-based hazards, such residential rental unit shall not be occupied until remediation is deemed complete by the Borough pursuant to Subsection B above.
D.
The provisions of this section do not apply to properties exempt
under P.L. 2021, c. 182, specifically properties that:
(1)
Have been certified to be free of lead-based paint.
(2)
Were constructed during or after 1978.
(3)
Are located 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," P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
(4)
Are a single-family seasonal rental dwelling which is rented for
less than six months duration each year by tenants that do not have
consecutive lease renewals.
(5)
Have a valid lead-safe certification issued in accordance with P.L.
2021, c. 182.
