[HISTORY: Adopted by the Township Council of the Township of Lower as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and debris — See Ch. 185.
Unfit buildings — See Ch. 206.
Electrical standards — See Ch. 291.
Housing standards — See Ch. 380.
Mercantile licenses — See Ch. 432.
Noise — See Ch. 441.
Property maintenance — See Ch. 500.
Solid waste — See Ch. 570.
[Adopted by Ord. No. 2000-5 (Sec. 4-12 of the 1975 Code)]
[Amended by Ord. No. 2001-21]
The purpose of this article is to provide an automatic suspension of a mercantile license issued by the Township for the rental of any property within the Township upon the occurrence of certain events more specifically set forth in § 523-2 below. It shall therefore be a condition upon any license issued for the rental of any property pursuant to Chapter 432, Mercantile Licenses, § 432-4E, that any of the tenants, guests or other occupants of any rental units not be convicted of two or more violations of any Township ordinance or any other federal, state or local law dealing with disorderly, indecent, tumultuous or riotous conduct occurring during any one twelve-month period, which convictions are related to or arising out of the use and occupancy of a rental unit or attributable to acts upon or in proximity to a rental unit. Moreover, it shall be a condition of any license issued for the rental of any property pursuant to Chapter 432, Mercantile Licenses, § 432-4E, that the licensee or any of the licensee's guests, or other occupants of a rental unit, not be convicted of two or more violations of any Township ordinance or any other federal, state or local law arising from or incidental to the physical condition of such rental unit or the land upon which such rental unit is situated, including, without limitation, violations of the Lower Township Property Maintenance Code, Chapter 500, occurring during any one twelve-month period.
[Amended by Ord. No. 2001-21]
A. 
In addition to any other penalty prescribed herein, a holder of any mercantile license for a rental unit within the Township of Lower shall have his or her license suspended upon the happening of one or more of the following:
(1) 
Two or more convictions against the licensee's guest(s), tenant(s), or other occupant(s) of a rental unit for a violation of any Township ordinance or any other federal, state or local law dealing with disorderly, indecent, tumultuous or riotous conduct occurring during any one twelve-month period, which convictions are related to or arising out of the use and occupancy of the rental unit or attributable to acts upon or in proximity to the rental unit or for any other violations of any Township ordinance or any other federal, state or local law arising from or incidental to the condition of the rental unit or the land upon which the rental unit is situated, including, without limitation, violations of the Lower Township Property Maintenance Code, Chapter 500, occurring during any one twelve-month period. In order to support disciplinary action under this section it need not be shown that convictions are of the same individual(s). It shall be sufficient to demonstrate that such convictions involved conduct occurring on two separate occasions during any one twelve-month period.
(2) 
Two or more convictions against the licensee for a violation of any Township ordinance or any other federal, state or local law arising from or incidental to the physical condition of a rental unit or the land upon which such rental unit is situated, including, without limitation, violations of the Lower Township Property Maintenance Code, Chapter 500, occurring during any one twelve-month period.
B. 
For the purposes of this chapter, a conviction shall include any guilty plea entered in a court of competent jurisdiction.
[Amended by Ord. No. 2001-21]
A. 
Violation. A licensee who shall violate this article by reason of the grounds set forth in § 523-2A(1) above shall, upon conviction, be guilty of maintaining a nuisance.
B. 
Warning to licensee. In the event of any one conviction in any court of competent subject matter jurisdiction, including, without limitation, the Lower Township Municipal Court, of a licensee's tenant, guest or other individual as set forth in § 523-2A(1), the Township Clerk shall mail a notice of such conviction, within 30 days of same, to the licensee and/or the managing agent, if any, at the address indicated on the license application. Such notice shall be sent simultaneously by certified mail, return receipt requested, and by regular first class mail and shall inform the licensee that, upon a second conviction of any tenant, guest or other occupant of the rental unit of a Township ordinance or any other federal, state or local law dealing with disorderly, indecent, tumultuous or riotous conduct occurring during a twelve-month period from the first conviction, or the licensee or any tenant, guest or other occupant of the rental unit for any other violations of any Township ordinance or any other federal, state or local law arising from or incidental to the physical condition of the rental unit or the land upon which the rental unit is situated, including, without limitation, violations of the Lower Township Property Maintenance Code, Chapter 500, occurring during any one twelve-month period, the licensee's mercantile license shall be suspended, subject to the procedures set forth herein for a period of one year. The Township Clerk shall also forward a copy of the notice to the Department of Planning and Zoning, which shall maintain a record of all convictions which constitute, or may constitute, grounds for license suspension pursuant to this article.
C. 
Summons. Upon the occurrence of any grounds set forth in § 523-2A(1), the licensee shall be issued a summons for a violation of this article by the Lower Township Police Department or Division of Code Enforcement. This violation shall be prosecuted in the Lower Township Municipal Court, or in any other court of competent subject matter jurisdiction, in accordance with the laws of the State of New Jersey and the rules governing the applicable court.
D. 
Penalties. Any licensee convicted of or pleading guilty to a violation of § 523-3A, by reason of maintaining a nuisance for the grounds set forth in § 523-2A(1), shall be subject to the performance of not more than 180 hours of community service, or a fine of not more than $1,000, or both.
E. 
Record of conviction. Upon a licensee's conviction or plea of guilty to a violation of § 523-3A, the Clerk of the court hearing the matter shall forward a certified judgment evidencing that conviction or plea of guilty to the Township Clerk within five days of the entry thereof. The Township Clerk shall provide a copy of any such certified judgment of conviction to the Department of Planning and Zoning, which shall maintain a record of all convictions which constitute, or may constitute, grounds for license suspension pursuant to this article.
F. 
Suspension of rental license. In addition to any other fine or penalty imposed on a licensee for a violation of § 523-3A, upon receipt of a certified judgment of conviction against a licensee from any court of competent subject matter jurisdiction for any such violation, the Township Clerk shall, on five days' notice sent to the licensee by regular and certified mail, return receipt requested, suspend the licensee's rental license for a period of one year, without further proceeding.
G. 
Special provision for violations of Property Maintenance Code by licensee. Where the licensee of a rental unit has been convicted of or has plead guilty to two or more violations of Township ordinances or any other federal, state or local law arising from or incidental to the physical condition of the rental unit or the land upon which the rental unit is situated, including, without limitation, violations of the Lower Township Property Maintenance Code, Chapter 500, occurring during any one twelve-month period, the Township Clerk shall, on five days' notice sent to the licensee by regular and certified mail, return receipt requested, suspend the licensee's rental license for a period of one year, without further proceeding, which shall be in addition to any other fine or penalty imposed on a licensee for violation of any such laws.
Any rental license which is suspended pursuant to this article shall, upon reinstatement, be placed in probationary status for a period of one year. During the probationary period, the same grounds for suspension of a license as set forth in § 523-2 shall apply, except that any one conviction of a Township ordinance or any other federal or state law during the probationary period shall be grounds for suspension of the license.
A rental license shall be deemed severable with respect to the suspension instituted pursuant to this article. Accordingly, the suspension of any license may be limited to one or more rental units or may apply to all rental units in the property. Any limitation on the suspension shall be noted in the notice of license suspension. If limited to less than all of the rental units, such license shall remain in full force and effect as to any and all rental units not involved in the suspension.
The penalties set forth in this article shall be in addition to, and not to the exclusion of, any other penalties which may be imposed for violating any other ordinance of the Township.
[Adopted 8-5-2024 by Ord. No. 2024-10]
The following definitions shall apply to this article:
COMMON INTEREST COMMUNITY
A condominium or homeowners' association or other real estate development, in which the property is burdened by servitudes requiring property owners and/or unit 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.
DUST WIPE SAMPLING
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 (HUD) and as conducted pursuant to N.J.A.C. 5:28A-2.3.
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.
LEAD ABATEMENT
A set of measures designed to permanently eliminate lead-based paint hazards, in accordance with standards established by the Commissioner at N.J.A.C. 5:17.
LEAD EVALUATION CONTRACTOR
A firm certified by the Department to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17. This includes the ability to perform dust wipe sampling.
LEAD INSPECTOR/RISK ASSESSOR
An individual certified by the New Jersey Department of Health to perform lead inspection and risk assessment work pursuant to N.J.A.C. 8:62. This includes the ability to perform dust wipe sampling.
LEAD-BASED PAINT
Paint or other surface coating material that contains lead in excess of 1.0 milligrams per centimeter squared or in excess of 0.5% by weight, or such other level, as may be established by federal law.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated dust or lead-contaminated paint that is deteriorated or present on surfaces that would result in adverse human health effects.
LEAD-FREE CERTIFICATION
The certificate issued, in accordance with N.J.A.C. 5:17, which states that there is no lead-based paint, or that the dwelling has undergone lead abatement in accordance with N.J.A.C. 5:17.
LEAD-SAFE CERTIFICATION
The certification issued pursuant to this article, which confirms that a periodic lead-based paint inspection was performed and no lead-based paint hazards were found.
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.
PERIODIC LEAD-BASED PAINT INSPECTION
The initial inspection of all applicable dwelling units at the earlier of two years from July 22, 2022, 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.
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.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue and as conducted pursuant to N.J.A.C. 5:28A-2.3.
A. 
The owner, and/or its agent, of every single-family, two-family, and multiple dwellings must obtain an inspection upon tenant turnover or within two years of the effective date of July 22, 2022, in accordance with this article. Thereafter, all such dwelling units shall be inspected for lead-based paint hazards every three years or upon tenant turnover, whichever is earlier, except that an inspection shall not be required at tenant turnover if the dwelling unit owner has a valid lead-safe certification for the dwelling unit. In all scenarios, the next periodic lead-based paint inspection shall be counted from the most recent periodic lead-based paint inspection which resulted in a valid lead-safe certification.
B. 
A lead inspector employed by the Township shall inspect every single-family, two-family, and multiple rental dwelling located within the Township for lead-based paint hazards through visual assessment in accordance with N.J.S.A. 52:27D-437.1 et seq., as may be amended from time to time.
C. 
The property owner may, in lieu of having the dwelling inspected by the Township's lead inspector, directly hire a private lead evaluation contractor 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-437.1 et seq., as may be amended from time to time.
This article applies to all rental single-family, two-family, and multiple dwelling units with the exception of those set forth below which shall be exempt from the requirements of this article and, thus, shall not be subject to periodic lead-based paint inspection and evaluation for the presence of lead-based paint hazards:
A. 
Dwelling units that were constructed during or after 1978;
B. 
Single-family and two-family seasonal rental dwelling units that are rented for less than six months' duration each year by tenants that do not have consecutive lease renewals;
C. 
Dwelling units that have been certified to be free of lead-based paint, pursuant to N.J.A.C. 5:17, as may be amended from time to time;
D. 
Multiple rental dwelling units constructed prior to 1978 that have been registered with the Department for at least 10 years and have no outstanding paint violations from the most recent cyclical inspection performed on the multiple dwelling pursuant to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq., and N.J.A.C. 5:10, as may be amended from time to time.
(1) 
All multiple dwelling units constructed prior to 1978 that have been registered with the Department for at least 10 years and that have a current certificate of inspection issued by the Department of Community Affairs, Bureau of Housing Inspection, shall be exempt from this article;
(2) 
All multiple dwelling units constructed prior to 1978 that have been registered with the Department for at least 10 years with open inspections that have no violations for paint shall also be exempt from this article.
E. 
Dwellings with a valid lead-safe certification issued pursuant to this article. Lead-safe certifications are valid for two years from the date of issuance pursuant to N.J.A.C. 5:28A-2.4, as may be amended from time to time.
If, following inspection, the Township's lead inspector or a lead evaluation contractor retained by the owner finds that no lead-based paint hazard exists in a dwelling unit, the Township's lead inspector or the owner's lead evaluation contractor shall certify the dwelling unit as lead safe on the form prescribed by the Department of Community Affairs.
A. 
The lead-safe certification shall be valid for a period of two years from the date of issuance.
(1) 
If, during the two-year certification period, a lead evaluation contractor, lead inspector/risk assessor, a local health department, or a public agency conducts an independent inspection or risk assessment and determines that there is a lead-based paint hazard, the lead-safe certification issued pursuant to this article shall be invalid. A periodic lead-based paint inspection shall be scheduled upon the conclusion of remediation, in accordance with N.J.A.C. 5:28A-2.5(e), as may be amended from time to time.
(2) 
Where an independent inspection or risk assessment determines that there is a lead-based paint hazard, the inspector/risk assessor shall inform the municipality of the results of the inspection.
(3) 
The lead-safe certification shall not exempt the dwelling from any other law that would require a lead inspection/risk assessment.
B. 
A copy of the lead-safe certification shall be provided to the owner of the dwelling. If a lead evaluation contractor issues the lead-safe certification, a copy shall also be provided to the municipality at the time it is issued.
C. 
If the Township's lead inspector, a lead evaluation contractor hired by the owner, or permanent local agency finds that a lead-based paint hazard exists in a dwelling unit, they shall notify the Department of Community Affairs for review of the findings, in accordance with the Lead Hazard Control Assistance Act.
(1) 
If a lead-based paint hazard is identified in an inspection of one of the dwelling units in a building consisting of two or three dwelling units, then the lead contractor or permanent local agency shall inspect the remainder of the building's dwelling units, with the exception of those dwelling units that have been certified to be free of lead-based paint or which have a valid lead-safe certification.
(2) 
The owner and/or agent of the owner of the dwelling unit shall be responsible for remediation of the lead-based paint hazard. Remediation must be conducted consistent with the requirements at N.J.A.C. 5:28A-2.5, as may be amended from time to time.
A. 
Where a lead-based paint hazard exists in a dwelling, the owner or agent of the owner shall remediate the hazard by using either abatement or interim controls. The owner or agent of the owner shall choose the appropriate remediation mechanism.
B. 
Interim controls shall be performed in accordance with the requirements of the United States Department of Housing and Urban Development at 42 U.S.C. § 4851b and detailed within the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing.
C. 
Abatement work shall be performed in accordance with the requirements in the lead hazard evaluation and abatement regulations, N.J.A.C. 5:17, as may be amended from time to time.
D. 
Any relocation of tenants required pursuant to a remediation shall be undertaken in accordance with applicable law.
E. 
Upon conclusion of the remediation, the following procedure shall be followed:
(1) 
If the owner or agent of the owner utilized interim controls for remediation, the Township's lead inspector or the lead evaluation contractor hired by the owner shall conduct an additional inspection within 60 days of the initial inspection. If the inspection shows that the hazard no longer exists, the lead inspector or lead evaluation contractor shall certify the unit as lead safe on the form prescribed by the Department of Community Affairs. The certification shall be valid for a period of two years from the date of issuance; and
(2) 
If the owner or agent of the owner utilized abatement for remediation and a lead abatement clearance certificate has been issued by the local enforcing agency in accordance with N.J.A.C. 5:17, then the lead-free certificate issued at the final clearance inspection shall exempt the dwelling from future periodical lead-based paint inspections.
A. 
The owner or agent of an owner of a dwelling that is subject to this article shall provide to the tenant and to the Township evidence of a valid lead-safe certification obtained pursuant to this article at the time of tenant turnover. The owner or agent of the owner shall also affix a copy of any such certification as an exhibit to the tenant's lease.
B. 
The owner or agent of an owner of a multiple dwelling that is subject to this article shall provide evidence of a valid lead-safe certification obtained pursuant to this article, as well as evidence of the most recent tenant turnover, at the time of any cyclical inspection performed pursuant to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
C. 
The owner or agent of an owner of a dwelling that is subject to this article shall maintain a record of the lead-safe certification, which shall include the name or names of a unit's tenants if the inspection was conducted during a period of tenancy.
D. 
The owner or agent of any dwelling subject to this article shall inform the Township of all tenant turnover activity to ensure any required inspection may be scheduled.
E. 
The owner or agent of an owner of a dwelling shall provide a copy of this article, and any lead-safe certifications issued pursuant thereto, along with the accompanying guidance document, Lead-Based Paint in Rental Dwellings, to any prospective owners of the dwelling during a real estate transaction, settlement, or closing.
The fees for a lead-based paint inspections shall be as follows:
A. 
The fee for a visual assessment shall be $100 per unit. A lead-free certificate will only be issued if no lead-based paint is found.
B. 
Post remediation inspection/clearance: $100 per unit.
C. 
The fee for the filing of a lead-safe certification or lead-free certification shall be $25.
D. 
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of $20 per dwelling unit inspected by the Township's lead inspector or the owner's private lead inspector shall be assessed for the purposes of the Lead Hazard Control Assistance Act 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.
E. 
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.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of the provisions of this article shall be as follows:
A. 
If a property owner and/or agent of a property owner has failed to conduct the required inspection or initiate any remediation efforts, the owner and/or agent of the owner shall be given 30 days to cure the violation.
B. 
If the property owner and/or agent of the property owner has not cured the violation after 30 days, the property owner and/or agent of 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.