[Adopted 4-9-1996 by Ord. No. 1996-4-3; amended in its entirety 10-10-2006 by Ord. No. 2006-10-9]
As used in this article, the following terms
shall have the meanings indicated:
OCCUPANT
Any person or persons in actual possession of and living
in the residential rental unit.
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 residential
rental unit.
RENT
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.
An inspection certificate shall be requested,
processed and issued in the following manner:
A. 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." 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.
B. 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.
C. 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.
D. 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.
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:
A. 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.
B. 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.
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.
[Adopted 7-11-2023 by Ord. No. 2023-6]
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).
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.
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:
A. Dwellings constructed during or after 1978;
B. Single-family and two-family dwellings that are rented out less than
six months per year;
C. 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;
D. 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
E. 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).
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.
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.