These regulations shall be known as the "Property
Maintenance Code of the Borough of Chester, Morris County, New Jersey,"
hereinafter referred to as "this Code."
This code is to protect the public health, safety
and welfare in all existing structures, residential and nonresidential
and on all existing premises by establishing minimum requirements
and standards for premises, structures, buildings, equipment and facilities,
light, ventilation, space heating, sanitation, protection from the
elements, life safety, and safety from fire and other hazards and
for safe and sanitary maintenance; fixing the responsibility of owners,
operators and occupants; regulating the occupancy and use of existing
structures and premises; and providing for administration, enforcement
and penalties.
This code shall be construed liberally and justly
to insure public health, safety and welfare insofar as they are affected
by the continued use and maintenance of structures and premises. Existing
structures and premises that do not comply with these provisions shall
be altered or repaired to provide a minimum level of health and safety
as required herein.
The standards in this code shall be considered
part of the requirements of this code to the prescribed extent of
each such reference. Where differences occur between provision of
this code and referenced standards, the provision of this code shall
apply.
The provision in this code shall not be construed
to abolish or impair existing remedies of the jurisdiction or its
officers and agencies relating to the removal or demolition of any
buildings which are dangerous, unsafe and unsanitary.
All repairs, maintenance work, alterations or
installations, which are caused directly or indirectly by the enforcement
of this code, shall be executed and installed in a workmanlike manner.
[Amended 5-19-2003 by Ord. No. 2003-8; 12-2-2003 by Ord. No.
2003-21; 8-4-2009 by Ord. No. 2009-11]
A. Certificate of compliance. No owner, agent or any
person shall rent or lease or sell, or in any way deliver up for use
or occupancy, any residential unit, dwelling unit, or lodging unit,
including single-family homes, until a certificate of compliance has
been issued by the Construction Code Official or Zoning Officer.
B. Annual fee. The certificate of compliance shall be
issued annually after a satisfactory inspection has been completed.
The fee for an inspecton shall be $25.
[Added 11-1-2022 by Ord. No. 2022-12]
A. This section shall apply to all single-family, two-family and multiple-rental
dwelling units in the Borough except for the following ("applicable
property"):
(1)
Dwellings that were constructed during or after 1978;
(2)
Single-family and two-family seasonal rental dwellings which
are rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals;
(3)
Dwellings that have a valid lead-safe certification pursuant
to N.J.A.C. 5:17-3.6(b); and
(4)
Multiple-rental dwellings that are registered with the Department
of Community Affairs and have been so registered for at least the
last 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 et seq.).
B. Owners of applicable property shall register the applicable property
with the Borough Clerk the sooner of: i) a tenant turnover, ii) newly
placing a property into the rental market, or iii) July 22, 2024.
Owners of applicable property shall also provide the Borough Clerk
with up-to-date information on inspection schedules, inspection results,
and tenant turnover, including copies of all inspection reports and
lead-free certifications issued pursuant to N.J.A.C. 5:17. The registration
fee for each dwelling unit in an applicable property shall be $20
per unit, which shall be deposited into the Lead Hazard Control Assistance
Fund.
C. Every applicable property shall be inspected for lead-based paint
hazards upon the sooner of a tenant turnover or July 22, 2022, whichever
occurs first; and then every three years thereafter or upon the next
tenant turnover, whichever occurs first, unless a valid lead-safe
certification has been issued for the dwelling. Owners of applicable
property shall schedule timely inspections with the Borough or provide
the Borough with an inspection report from a certified lead evaluation
contractor. Owners of applicable property shall pay the Borough cost
for the Borough to conduct or hire a certified lead evaluation contractor
to perform inspections of the applicable property for lead-based paint
hazards.
D. An owner of applicable property who fails to comply with the requirements
of this section shall be given 30 days' notice to cure the violation.
Should a violation not be timely cured, a penalty not to exceed $1,000
per week until the required inspection has been conducted, or remediation
efforts have been initiated, shall be imposed against the owner.