[HISTORY: Adopted by the Township Committee
of the Township of Carneys Point 4-13-1977 by Ord. No. 298. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A room or group of rooms which form a single unit, to be
occupied by one or more persons for all or any combination of the
following uses: living, sleeping, cooking and eating. For the purposes
of this chapter, a "dwelling unit" is not a building or structure
to which the provisions of regulations for the New Jersey Uniform
Construction Code and the State Uniform Construction Code Act, N.J.S.A.
52:27D-119 et seq., concerning the issuance of certificates of occupancy
are applicable.
[Amended 6-8-1977 by Ord. No. 303]
No person, group of persons, association, partnership
or corporation, or any combination thereof, who owns, manages, conducts
or operates a dwelling unit shall rent, lease, let, sublet or permit
the same to be occupied or rerented, nor shall any person, group of
persons, association, partnership or corporation, or any combination
thereof, purchasing or acquiring, in any manner, occupy a dwelling
unit or permit it to be occupied by another without first securing
from the Office of Housing and Inspection of the Township a certificate
of occupancy for said dwelling unit.
[Added 1-26-1994 by Ord. No. 564]
The Office of Housing and Inspection shall have
seven business days in order to make the inspection or inspections
necessary in order to issue a certificate of occupancy. Said seven-day
period shall not commence until the applicant has filed a complete
application and paid such fees as shall be required by this chapter.
[Added 4-23-1997 by Ord. No. 612]
In the event that a dwelling unit does not qualify for a certificate of occupancy under § 64-2 hereof, the Office of Housing and Inspection may issue a temporary certificate of occupancy if the Office of Housing and Inspection concludes that occupancy of the dwelling unit prior to the issuance of a final certificate of occupancy will not adversely affect the safety or welfare of those persons who occupy the dwelling unit. A temporary certificate of occupancy issued pursuant to this section shall be valid for 60 days, except that the temporary certificate of occupancy may be extended for an additional thirty-day period at the discretion of the Office of Housing and Inspection.
[Amended 5-25-1988 by Ord. No. 438; 10-24-1990 by Ord. No.
496; 7-8-1992 by Ord. No. 537; 4-23-1997 by Ord. No. 612; 12-9-1998 by Ord. No. 642; 3-16-2011 by Ord. No. 856]
No certificate of occupancy shall be issued for a dwelling unit
unless the dwelling unit complies with all of the provisions of the
International Property Maintenance Code, as amended, and all of the
ordinances of Carneys Point Township now in existence or hereafter
enacted, pertaining to plumbing, building, electrical, fire, zoning,
health, safety and minimum housing standards and all departmental
regulations established pursuant to said ordinances or laws. In addition,
no certificate of occupancy shall be issued for a dwelling unit unless
all trash, garbage and waste products have been removed from the property
and properly disposed of by the owner or such other person as is authorized
by the owner.
[Added 7-19-2023 by Ord. No. 1024]
A.
Lead-based paint inspections. The owner, landlord and/or agent of
every single-family, two-family, and/or multiple dwelling unit offered
for rental shall be required to obtain an inspection of the unit for
lead-based paint hazards within two years of the effective date of
the law, July 2, 2022, or upon tenant turnover, whichever is earlier.
B.
Required recurring inspection. After the initial inspection required by § 64-3.1A, the owner, landlord and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
C.
Standards. Inspections for lead-based paint in rental dwelling units
shall be governed by the standards set forth in N.J.S.A. 52:27D-437.1
et seq., and N.J.S.A. 55:13A-1 et seq., as may be amended from time
to time.
D.
Exceptions. 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, or for the fees for
such inspection or evaluation, 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,"
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 issued in accordance with N.J.S.A.
52:27D-437.16(d)(2).
E.
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 Township
Code Enforcement Officer or designee, 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.
F.
If no lead-based paint hazards are identified, then the Township
Code Enforcement Officer or designee 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 and shall be filed with the Township's Code Enforcement
Officer. The Township Code Enforcement Officer shall maintain up-to-date
information on inspection schedules, inspection results, tenant turnover
and a record of all lead-free certifications issued pursuant to N.J.A.C.
5:17.
G.
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 Township of Carneys Point 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.
H.
Fees for lead-based paint inspection.
(1)
Notwithstanding any other fees due pursuant to this chapter, a fee in the amount of $200 shall be paid for each lead-based paint inspection. Said fee shall be dedicated to meeting the costs of implementing and enforcing this section and shall not be used for any other purpose. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of § 64-3.1A in which case no additional lead-based paint inspection fee shall be paid.
(2)
The fee for the filing of a lead-safe certification or lead-free
certification shall be $50.
(3)
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.
I.
Violations and penalties. In accordance with N.J.S.A. 52:27D-437.19,
the penalties for a violation of this section shall be as follows:
(1)
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.
(2)
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.
[Amended 6-8-1977 by Ord. No. 303]
The Office of Housing and Inspection of Carneys
Point Township shall be the agency which has the duty to enforce this
chapter.
[Amended 5-13-1987 by Ord. No. 421; 4-23-1997 by Ord. No.
612; 5-8-2002 by Ord. No. 716; 3-16-2011 by Ord. No. 856]
C.
All
applications for the issuance of a certificate of occupancy, as well
as applications for reinspection for the issuance of a certificate
of occupancy, shall be accompanied by the fee set forth in this chapter.
D.
In addition to the fees charged in accordance with the provisions
of this chapter, an administrative fee of $50 shall be charged in
connection with the issuance of a temporary certificate of occupancy.
[Added 9-22-1993 by Ord. No. 560[1]]
An application for a certificate of occupancy
shall be valid for six months from the date the application is filed.
In the event that a certificate of occupancy is not issued within
six months of the date that an application for said certificate is
filed, the application shall be deemed null and void and of no effect.
In the event that a certificate of occupancy is requested after the
six-month period, the person requesting same shall be required to
file a new application and to pay such fees as shall be required by
the Carneys Point Township Code.
[Amended 5-20-1985 by Ord. No. 393; 3-16-2011 by Ord. No.
856]
Any individual, person, group of persons, association,
partnership, corporation or any other entity or combination thereof
violating any of the terms of this chapter shall be subject to a fine
of not more than $1,000 or imprisonment for a term of not more than
60 days, or both, for each violation of the terms of this chapter.
Each week, which is defined as a period of seven consecutive days,
that a particular violation continues, shall constitute a separate
offense.
All other ordinances or parts of other ordinances,
to the extent that any such ordinances or parts of any ordinance are
inconsistent with the provisions hereof, are hereby repealed to the
extent of such inconsistencies. Nothing contained in this chapter
shall be deemed or construed in any manner to affect, repeal or invalidate
the required procedures for application for the issuance of a certificate
of occupancy pursuant to the provisions of the regulations for the
New Jersey Uniform Construction Code and the State Uniform Construction
Code Act, N.J.S.A. 52:27D-119 et seq.
