[HISTORY: Adopted by the Mayor and Council of the Borough
of Raritan 6-10-1969 by Ord. No. 69-5 (Ch. 39 of the 1966 Code); amended
in its entirety 11-9-2010 by Ord. No. 10-13. Subsequent amendments
noted where applicable.]
A.
Title. This chapter shall be known as the "Residential Property Code."
B.
Findings and declarations of policy. It is hereby found and declared
that there exist in the Borough of Raritan structures used for residential
uses which are, or may become in the future, substandard with respect
to structure, equipment and maintenance, or further that such conditions,
including but not limited to structural deteriorations, lack of maintenance
and appearance of exterior premises, infestation, lack of essential
heating, plumbing, storage, lack of maintenance or upkeep of essential
utilities and facilities, existence of fire hazards, inadequate provisions
for light and air, or unsanitary conditions and overcrowding, constitute
a menace to the health, safety, welfare and reasonable comfort of
the citizens and inhabitants of the Borough or Raritan. It is further
found and declared that, by reason of lack of maintenance and progressive
deterioration, certain properties have the effect of creating blighting
conditions and that if the same are not curtailed or removed, the
aforesaid conditions will grow and spread and will necessitate in
time the expenditure of large amounts of public funds to correct and
eliminate the same, and that, by reasons of timely regulations and
restrictions as herein contained, blight may be prevented, and the
neighborhood and property values thereby maintained, the desirability
and amenities of residential uses and neighborhoods enhanced and the
public health, safety and welfare protected and fostered.
C.
Purpose. The purpose of this chapter is to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance, appearance, condition and occupancy of residential property;
to fix certain responsibilities and duties upon owners and occupants;
to authorize and establish procedures for the inspection of residential
property; to establish procedures for implementing the requirements
of this chapter; and to fix penalties for the violations of this chapter.
A.
Every residential or mixed-occupancy building and property, used
or intended to be used for residential use, except buildings and property
occupied solely by the owner or owners, shall comply with the provisions
of this chapter, whether or not constructed, altered or repaired before
or after the enactment of this chapter, and irrespective of any permits
or licenses which shall have been issued for use or occupancy, for
construction or repair, or for the installation or repair of facilities
prior to the effective date of this chapter.
B.
If the provisions of this chapter impose a higher standard than other
ordinances or state law, then the standards of this chapter shall
prevail, but if the provisions of this chapter impose a lower standard
than other ordinances or state law, then the higher standards of such
other ordinances or state law shall prevail.
C.
No license, permit or certification of compliance with this chapter
shall constitute a defense against any violation of any other ordinance
or law, nor shall any provision of this chapter relieve any person
from complying with such other ordinance or law.
As used in this chapter, unless a different meaning is evident,
the following terms shall have the meanings indicated:
To have a rule, form or checklist approved by the Borough
Council. A rule, form or checklist shall be effective immediately
upon approval by the Borough Council. A rule, form or checklist that
has not been either approved or rejected by the Borough Council 45
days after delivery to the Borough Clerk shall be deemed to be approved,
effective on the 46th day after delivery.
The same as defined in N.J.S.A. 1:1-2.
The building in which and the property on which any residential
dwelling unit is located.
The person or persons designated by the Borough Council to
enforce this chapter.
Any room or group of rooms located within a building and
forming a single habitable unit with facilities which are used, or
designed to be used, for living, sleeping, cooking, and eating.
A.
Owners shall have all the duties and responsibilities prescribed
in this chapter, and no owner shall be relieved of such duties and
responsibilities, nor be entitled to defend against any charge or
violation, because a tenant or occupant is also responsible therefor.
B.
Tenants and occupants shall have all the duties and responsibilities
prescribed in this chapter, and no tenant or occupant shall be relieved
of such duties or responsibilities, nor be entitled to defend against
any charge or violation, because an owner is also responsible therefor.
C.
The duties and responsibilities imposed on owners, tenants and occupants
by this chapter shall not be altered or affected by any agreements
or contracts between any owners, tenants or occupants.
A.
The New Jersey State Housing Code, N.J.A.C. 5:28-1.1 et seq., is
hereby adopted by the Borough.
B.
The State Housing Code adopted by reference above is supplemented
with the following provisions:
(1)
N.J.A.C. 5:28-1.5, entitled "Garbage and rubbish storage," is supplemented
with the following new Paragraphs (d) and (e):
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(d)
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No tenant or occupant of any residential dwelling unit shall
place, cause to be placed or permit to remain on the curbside, berm
or any portion of the street or sidewalk, or any part or portion of
the front yard of the premises, any garbage, trash or recycling or
any garbage, trash or recycling receptacle earlier than 4:00 p.m.
of the day preceding the time scheduled for the collection of garbage,
trash or recyclables or allow or permit any empty garbage, trash or
recycling receptacle to remain on the curbside, berm or any portion
of the street or sidewalk or any part or portion of the front yard
of the premises after 12:00 midnight of the day of collection.
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(e)
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No owner of any residential dwelling unit shall place, cause
to be placed or permit to remain on the curbside, berm or any portion
of the street or sidewalk, or any part or portion of the front yard
of the premises, any garbage, trash or recycling or any garbage, trash
or recycling receptacle earlier than 4:00 p.m. of the day preceding
the time scheduled for the collection of garbage, trash or recyclables
or allow or permit any empty garbage, trash or recycling receptacle
to remain on the curbside, berm or any portion of the street or sidewalk
or any part or portion of the front yard of the premises after 12:00
midnight of the day of collection.
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A.
Rental property owner registration requirements.
(1)
Every owner of a residential dwelling unit shall, within 60 days
of the effective date of this chapter, and annually thereafter, file
with the Property Maintenance Officer a landlord registration statement.
(2)
The initial registration for each unit, and the initial registration
after any change in floor plan or square footage, shall include a
floor plan and the square footage for each unit to be used by the
Borough in establishing occupancy limits.
(3)
If there is any change in any registration information, an amended
landlord registration statement shall be filed, posted and distributed
to tenants within five business days after the change.
(4)
If a unit is registered with the New Jersey Bureau of Housing Inspection,
and if that unit has been physically inspected by the Bureau of Housing
Inspection within 180 days preceding registration, there shall be
no registration fee, and the landlord registration statement shall
be a copy of the certificate of registration issued by the New Jersey
Bureau of Housing Inspection and the floor plan and the square footage
for the unit.
(5)
If a unit is not registered with the New Jersey Bureau of Housing
Inspection, or if the unit has not been physically inspected by the
Bureau of Housing Inspection within 180 days preceding registration,
there shall be a registration fee of $50, and the landlord registration
statement shall be the floor plan and the square footage for each
unit and the following information on a form implemented by and available
from the Property Maintenance Officer:
(a)
The name and physical address(es) of the owner or owners of
the premises and the owner or owners of the rental business if not
the same.
(b)
The name, physical address and telephone number of an individual
representative of the owner who may be contacted at any time if there
is an emergency affecting the premises, including such emergencies
as failure of any essential service or system, and who is authorized
by the owner to make emergency decisions concerning repairs and expenditures
for the premises. The owner may designate one or two alternate individual
representatives with the same authority by providing for them the
same information.
(c)
The number of units by unit type (i.e., number of two-bedroom
units, three-bedroom units, etc.).
(d)
Such other information as may be required by the form.
B.
The Property Maintenance Officer shall retain landlord registration
statements and make them available for public inspection.
C.
Information to be provided to tenants. The following information
shall be provided to each tenant at the time of initial occupancy:
[Amended 1-24-2017 by Ord. No. 2017-02]
A.
Applicability. The provisions of this section shall not apply to
those buildings under the jurisdiction of the Bureau of Housing Inspection,
Department of Community Affairs, pursuant to the New Jersey Hotel
and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.).
B.
Certificate of rental housing compliance required.
(1)
No person shall let or sublet any residential dwelling unit to an initial tenant, and as set forth in Subsection B(2) below, a new tenant, without having obtained from the Property Maintenance Officer one of the following:
(a)
A certificate of rental housing compliance stating that the
unit complies with the standards of this chapter and meets all other
Borough and state code requirements; or
(2)
Renewal.
(a)
For those dwelling units for which no violations were issued,
the certificate of rental housing compliance shall be renewed not
later than the fourth anniversary date of the issuance of the most
recent certificate, and shall not be required for a change in tenancy
unless said change coincides with the anniversary date of the renewal.
(b)
For those dwelling units for which violations were issued, the
certificate of rental housing compliance shall be renewed not later
than the second anniversary date of the issuance of the most recent
certificate, and shall be required for a change in tenancy. If upon
the renewal of a two-year certificate no violations are found, the
dwelling unit shall enjoy the benefit of the four-year renewal timeline
above.
C.
Procedures for inspections and issuance of certificates of rental
housing compliance.
(1)
The Property Maintenance Officer shall implement and make available
an application form and checklist.
(2)
The applicant shall submit a completed application form and checklist
to the Property Maintenance Officer. Inspections shall be scheduled
in the order that completed applications are received unless an additional
fee for late request is paid.
(3)
Following receipt of a completed application, the Property Maintenance
Officer shall inspect the unit and premises for compliance with this
chapter and make a determination of the permitted occupancy.
(4)
Following inspection, the Property Maintenance Officer shall issue
a certificate of rental housing compliance, a conditional certificate
of rental housing compliance, or a denial of rental housing compliance.
The standards for certificates are:
(a)
If the unit and premises comply with this chapter and all other
Borough and state code requirements, a certificate of rental housing
compliance shall be issued indicating the lawful occupancy.
(b)
If the unit or premises fails to comply with this chapter or
other Borough or state code requirements, but none of the violations
jeopardize the health, safety or welfare of the intended occupants,
a conditional certificate of rental housing compliance indicating
the lawful occupancy shall be issued for a period not to exceed 30
days.
(c)
If the unit or premises fails to comply with this chapter or
other Borough or state code requirements, and such violations may
jeopardize the health, safety or welfare of the intended occupants,
a denial of rental housing compliance shall be issued.
(5)
If a conditional certificate of rental housing compliance or denial
of rental housing compliance is issued, the applicant shall perform
the required work prior to reinspection.
(6)
The current certificate of rental housing compliance, conditional
certificate of rental housing compliance or denial of rental housing
compliance shall be posted in a conspicuous place in each unit at
all times.
D.
Fees. The following fees shall be paid prior to the inspection being
performed:
(1)
Initial inspection or reinspection after denial of certificate: $50
per unit.
(2)
Reinspection fee after conditional certificate: $20 per unit.
(3)
Reinspection if a prior certificate was issued more than 23 but less
than 25 months before the request for inspection: $50 per unit.
(4)
Reinspection if the prior certificate was issued more than 25 months
before the request for inspection: $100 per unit.
(5)
Additional fee for late request: if inspection is requested within
one business day of proposed occupancy, additional $100 per unit.
(6)
Additional fee for failure to provide access to inspector: if access
for a previous inspection was not provided to the inspector at the
scheduled time, additional $75 per unit.
A.
The Property Maintenance Officer is hereby authorized and directed
to exercise the powers prescribed by this chapter, to enforce this
chapter and the State Housing Code, and to make inspections to determine
the condition of the residential dwelling units in the Borough.
B.
Every member of the Police Department and every employee of the Property
Maintenance Office and Public Works Department is hereby authorized
to issue a summons or violation notice upon his belief that probable
cause exists for such issuance.
C.
Every occupant shall give the owner thereof, or his agent or employee,
access at all reasonable times for the purpose of making such repairs
or alterations as are necessary to effect compliance with the provisions
of this chapter, all other Borough and state code requirements, and
any rule implemented pursuant to this chapter.
D.
Whenever the Property Maintenance Officer believes that there may
be in any premises a violation of any provisions of this chapter,
of any other Borough or state code requirements, or of any rule implemented
pursuant to this chapter, he may inspect the premises, and every owner
and every occupant shall give the Property Inspection Officer access
on request during daylight hours.
E.
Whenever the Property Maintenance Officer determines that there are
reasonable grounds to believe that there has been a violation of any
provisions of this chapter, of any other Borough or state code requirements,
or of any rule implemented pursuant to this chapter, he shall give
notice of the alleged violation to the person or persons responsible
therefor as follows:
(1)
Notice shall be in writing; include a statement of the reasons why
it is being issued; and allow a minimum of five business days for
the correction of the violation(s). Thereafter, if the violation(s)
has (have) not been corrected, the Property Maintenance Officer is
authorized, at his option, to file a complaint with the Municipal
Court or seek injunctive relief from the Superior Court.
(2)
Notice may contain an outline of the remedial action which, if taken,
will effect compliance.
(3)
Notice shall be served upon the owner, or any owner's agent as filed
with the Property Maintenance Officer or Borough Clerk, and on any
occupant. Notice shall be deemed to be properly served upon an owner,
owner's agent or occupant if a copy thereof is served personally or
sent to the person's last known address by regular mail or is posted
in a conspicuous place in or on the premises affected by the notice.
F.
No person shall permit the occupancy of a residential dwelling unit
by more persons than the occupancy designated on a certificate of
rental housing compliance or conditional certificate of rental housing
compliance or, if there is no certificate of rental housing compliance
or conditional certificate of rental housing compliance, the number
of persons permitted by law.
G.
No person shall rent or permit the use of any residential dwelling
unit by another for the purpose of living therein that does not conform
to the provisions of the New Jersey State Housing Code, N.J.A.C. 5:28-1.1
et seq., established hereby as the standard to be used in determining
whether a dwelling is safe, sanitary and fit for human habitation.
H.
The Property Maintenance Officer is hereby authorized and empowered
to implement written rules to implement or enforce the provisions
of this chapter.
A.
Any person who violates any of the provisions of this chapter, or
the State Housing Code, or any rule implemented pursuant to this chapter,
shall, upon conviction thereof, be penalized by one or more of the
following: a fine of not less than $100 and not more than $2,000;
imprisonment in the county jail for not more than 90 days; community
service for not more than 90 days.
B.
Each twenty-four-hour period during which a violation exists shall
constitute a separate and distinct offense.
C.
Any person who is convicted of violating the provisions of this chapter,
or the State Housing Code, or any rule implemented pursuant to this
chapter, within one year of the date of a previous violation of the
same provision or rule, and who was fined for the previous violation,
shall be sentenced by a court to an additional fine as a repeat offender.
The additional fine for a repeated offense shall not be less than
$100 and not more than $2,000, but shall be calculated separately
from the fine imposed for the new violation.
D.
In addition to the above penalties, any owner who is convicted of
a second or subsequent violation of this chapter, where an illegal
tenancy shall have resulted in a student or students attending the
Bridgewater-Raritan public schools, and who has been afforded the
opportunity for a hearing on the matter may be assessed a penalty
equal to the annual tuition cost for each student, prorated to the
time of the student's ineligible attendance at such public school.
The fine shall be recovered in a civil action by a summary proceeding
in the name of the Borough pursuant to the New Jersey "Penalty Enforcement
Law," N.J.S.A. 2A:58-10 et seq. The Municipal Court and/or the Superior
Court shall have jurisdiction of the proceedings for the enforcement
of the penalty provided by this subsection. The tuition cost shall
be calculated in the manner prescribed for nonresidential pupils in
N.J.S.A. 18A:38-19. Payment of the fine shall be remitted to the Bridgewater-Raritan
Board of Education. For the purposes of this subsection, the term
"owner" shall exclude mortgagees in possession through foreclosure.
For the purposes of this section, a second or subsequent violation
resulting in an illegal occupancy shall be limited to those violations
that are new and are the result of distinct and separate zoning or
code enforcement activities and shall not include any continuing violations
for which citations are issued during the time period required for
summary disposition proceedings to conclude if the owner has initiated
eviction proceedings in a court of proper jurisdiction.
E.
In accordance with the provisions of N.J.S.A. 2A:18-61.1g, any tenant
who receives a notice of eviction pursuant to N.J.S.A. 2A:18-61.2
that results from an occupancy in violation of this chapter shall
be considered a displaced person and shall be entitled to relocation
assistance in an amount equal to three times the monthly rental paid
by the displaced person or persons. The owner of the unit shall be
liable for the payment of relocation assistance pursuant to this subsection.
In addition, after being required to pay reimbursement for relocation
assistance, an additional fine shall be paid by the owner of the unit
for each illegal occupancy, up to an amount equal to three times the
monthly rental paid by the displaced person or persons.
[Added 10-18-2022 by Ord. No. 2022-16]
A.
DUST WIPE SAMPLING
TENANT TURNOVER
VISUAL ASSESSMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
B.
Subject to § 195-10 of this Chapter 195, the Borough's designated official or certified lead evaluation contractor shall inspect every single-family, two-family, and multiple rental dwelling located within the Borough at tenant turnover for lead-based paint hazards or within two years of the effective date of N.J.S.A. 52:27D-437.16 et seq., whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification. The owner of any such rental dwelling shall not permit any tenant turnover without first complying with this § 195-10. The Borough shall charge the dwelling owner or landlord, and the dwelling owner or landlord shall pay the Borough in advance of any inspection, a fee of $125 for each unit inspected to cover the cost of the inspection, which shall be dedicated to meeting the costs of implementing and enforcing this § 195-10 and shall not be used for any other purpose.
C.
The dwelling owner or landlord may directly hire a lead evaluation contractor who is certified to provide lead paint inspection services by the New Jersey Department of Community Affairs to satisfy the requirements of § 195-10B instead of the municipal inspection contemplated by § 195-10B. In the event that a dwelling owner or landlord directly hires such a lead evaluation contractor, the term "Construction Code Official" shall also mean and include such lead evaluation contractor for purposes of this § 195-10 (except for the purposes of § 195-10M).
D.
The designated official or such certified lead evaluation contractor
with the duty to inspect single-family, two-family, and multiple rental
dwellings pursuant to this chapter may consult with the local health
board, the State of New Jersey Department of Health, or the State
of New Jersey Department of Community Affairs concerning the criteria
for the inspection and identification of areas and conditions involving
a high risk of lead poisoning in dwellings, methods of detection of
lead in dwellings, and standards for the repair of dwellings containing
lead paint.
E.
Notwithstanding anything in § 195-10 to the contrary, 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 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 State
of New Jersey 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
F.
If the designated official or certified lead evaluation contractor finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to § 195-10B, then the owner of the dwelling unit shall remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods, approved in accordance with the provisions of the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.1 et seq. Upon the remediation of the lead-based paint hazard, the Construction Code Official shall conduct an additional inspection of the unit to certify that the hazard no longer exists. The designated official or certified lead evaluation contractor shall charge an additional fee in the amount $75 for such additional inspection.
G.
If the designated official or certified lead evaluation contractor finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to § 195-10B or following remediation of a lead-based paint hazard pursuant to § 195-10F, then the designated official or certified lead evaluation contractor shall certify the dwelling unit as lead-safe on a form prescribed by the New Jersey Department of Community Affairs as provided for in regulations or guidance promulgated pursuant to N.J.S.A. 52:27D-437.20. The lead-safe certification provided to the property owner by the designated official or certified lead evaluation contractor pursuant to this § 195-10G shall be valid for two years.
H.
Beginning on the effective date of N.J.S.A. 52:27D-437.16 et seq.,
property owners shall:
(1)
Provide evidence of a valid lead-safe certification obtained pursuant to this § 195-10 as well as evidence of the most recent tenant turnover at the time of the cyclical inspection carried out under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A1 et seq., unless not required to have had an inspection by the Construction Code Official pursuant to § 195-10E(1), (2), or (3);
(2)
Provide evidence of a valid lead-safe certification obtained pursuant to this § 195-10 to new tenants of the property at the time of tenant turnover unless not required to have had an inspection by the Construction Code Official pursuant to § 195-10E(1), (2), (3) and (4), and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and
(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, unless not required to have had an inspection by the designated official certified lead evaluation contractor pursuant to § 195-10E(1), (2), (3) and (4).
I.
If the designated official or certified lead evaluation contractor finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this § 195-10, then the designated official or certified lead evaluation contractor shall notify the Commissioner of Community Affairs, who shall review the findings in accordance with the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.8.
J.
If a lead hazard is identified in an inspection of one of the dwelling
units in a building consisting of two or three dwelling units, then
the designated official or certified lead evaluation contractor shall
inspect the remainder of the building's dwelling units for lead
hazards, with the exception of dwelling units that have been certified
to be free of lead-based paint. The designated official or certified
lead evaluation contractor may charge an additional fee in the amount
of $75.
K.
In addition to the fees charged for inspection of rental housing, $75, the Borough shall assess an additional fee of $20 per unit inspected by the designated official or certified lead evaluation contractor for the purposes of the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.1 et seq., concerning lead hazard control work, unless the unit owner demonstrates that the Department of Community Affairs already has assessed an additional inspection fee of $20 pursuant to the provisions of N.J.S.A. 52:27D-437.10. In a common interest community, any inspection fee charged pursuant to this § 195-10 shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit. The fees collected pursuant to this § 195-10K shall be deposited into the Lead Hazard Control Assistance Fund established pursuant to N.J.S.A. 52:27D-437.4.
L.
Inspection methods.
(1)
If less than 3% of children tested in the Borough, six years of age
or younger, have a blood lead level greater than or equal to five
ug/dL, according to the central lead screening database maintained
by the State of New Jersey Department of Health pursuant to N.J.S.A.
26:2-137.6, or according to other data deemed appropriate by the commissioner
(as such term is used in and for the purposes of N.J.S.A. 52:27D-437.16),
then the designated official or certified lead evaluation contractor
may inspect a dwelling located therein for lead-based paint hazards
through visual assessment.
(2)
If at least 3% of children tested, six years of age or younger, have
a blood lead level greater than or equal to five ug/dL, according
to the central lead screening database maintained by the State of
New Jersey Department of Health pursuant to Section 5 of P.L. 1995,
c. 328 (N.J.S.A. 26:2-137.6), or according to other data deemed appropriate
by the commissioner, then the designated official or certified lead
evaluation contractor shall inspect a dwelling located therein through
dust wipe sampling.
(3)
If a lead hazard is identified in an inspection of one of the dwelling units in a building consisting of two or three dwelling units, then the designated official or certified lead evaluation contractor shall inspect the remainder of the building's dwelling units for lead hazards, with the exception of dwelling units that have been certified to be free of lead-based paint. The designated official or certified lead evaluation contractor may charge fees in accordance with this § 195-10 for such additional inspections.
M.
The Borough and the designated official or certified lead evaluation contractor shall be authorized to conduct investigations and issue penalties to enforce a property owner's failure to comply with N.J.S.A. 52:27D-437.16 or this § 195-10. If the Borough or the Construction Code Official determines that a property owner has failed to comply with a provision of N.J.S.A. 52:27D-437.16 et seq. or this § 195-10 regarding a rental dwelling unit owned by the property owner, the property owner shall first be given 30 days to cure any violation by conducting the required inspection or initiate any required remediation efforts. 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.
