Township of Clinton, NJ Housing and Other Building Standards

The cost of the filing of legal papers, expert witnesses fees, search fees and advertising charges, incurred in the course of any proceeding taken under this section determined in favor of the Township; and

Such cost of such repairs, alterations or improvement, or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the Board of Health, it shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Township Tax Collector or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Board of Health, shall be secured in such manner as may be directed by such Court and shall be disbursed according to the order or judgment of the Court to the persons found to be entitled thereto by final order or judgment of such Court; provided, however, that nothing in this chapter shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.

[Amended 4-28-2010 by Ord. No. 997-10]

§ 155-6 Service of complaints.

Complaints or orders issued by the Board of Health pursuant to this chapter shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Board of Health in the exercise of reasonable diligence, and the Clerk of the Board of Health shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the County of Hunterdon. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of such complaint or order shall be duly recorded or lodged for record with the county recording officer of the county in which the dwelling is located.

§ 155-7 Powers of Board of Health.

The Board of Health is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carryout and effectuate the purposes and provisions of this chapter including the following in addition to those herein granted:

To investigate the dwelling conditions in the Township of Clinton in order to determine which dwellings therein are unfit for human habitation;

To administer oaths, affirmations, examine witnesses and receive evidence;

To enter upon premises for the purpose of making examination, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;

To appoint and fix the duties of such officers, agents and employees as it deems necessary to carry out the purposes of this chapter;

To delegate any of its functions and powers under this chapter to such officers and agents as it may designate; and

To make and adopt such written rules and regulations as it may deem necessary for the proper enforcement of the provisions of this chapter; provided, however, that such rules and regulations shall not be in conflict with the provisions of this chapter and N.J.S.A. 40:48-2.5 et seq., nor in any way alter, amend or supersede any of the provisions thereof. A certified copy of all rules and regulations which it may adopt in its office and in the office of the Township Clerk.

§ 155-8 Residential structures.

[Amended 4-26-2000 by Ord. No. 720-00; 7-28-2004 by Ord. No. 857-04; 4-28-2010 by Ord. No. 997-10]

No person shall occupy as owner-occupant or rent to another for occupancy any building, dwelling, dwelling unit, or part thereof 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 et seq., as the same may be supplemented and amended in the future, established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.

No person shall occupy or rent to another for occupancy any building, dwelling, dwelling unit, or part thereof after having been served with an order issued pursuant to § 155-5 relating to such building or part thereof until there is compliance with such order. This Subsection B shall not apply to rental or occupancy under a permit issued by the Construction Official or his designee authorizing rental or occupancy for a specified period during the making of repairs, alterations and improvements required by such order.

Certificate of construction records clearance required.

[Amended 12-9-2015 by Ord. No. 1079-15]

There shall be no change in occupancy of a residential building or individual residential unit within a building prior to the issuance of a certificate of construction records clearance ("CRC"). A CRC shall be required prior to the conveyance of any residential building, or individual residential unit within a building.

Exceptions to the requirement for a CRC. Under the circumstances set forth below, a CRC shall not be required.

(a)

Provided there is no change in occupancy, the following conveyances are exempt from the requirement to obtain a CRC:

Transfer of title to correct a previously recorded deed.

[2]

Title eligible to be recorded as an ancient deed pursuant to N.J.S.A. 46:16-7.

[3]

Transfer of title between spouses or civil union partners, whether or not relating to divorce or other formal severance; or between former spouses or civil union partners if the transfer is incident to an order or judgment from a court of competent jurisdiction.

[4]

Transfer of title relating to new construction for which a certificate of occupancy is required.

[5]

Transfer of title by or to an executor, administrator or court order which effects a distribution of a decedent's estate in accordance with the provisions of the decedent's will or intestacy laws of the state.

[6]

Transfer of title due to refinancing, home equity loans and/or additional mortgages.

[7]

Transfer of title by or to a receiver, trustee in bankruptcy or liquidation or assignee for the benefit of creditors.

[8]

Transfer between a parent and child.

[9]

Transfer releasing a right of reversion.

[10]

Transfer solely to provide a release or security for a debt or obligation.

[11]

Any other transfer of title that does not cause a change in occupancy.

(b)

When the residential premises will be demolished and no occupancy of the premises will occur prior to demolition.

(c)

A buyer or tenant of residential premises may agree in writing to assume full responsibility for obtaining a CRC prior to taking occupancy of the premises, provided written notification thereof is provided to the Construction Official and that the buyer or tenant does not take occupancy until the CRC has been obtained.

Except as provided above, no owner shall permit the sale of a residential premises until the required CRC has been obtained. No purchaser or new tenant shall occupy any residential premises until the required CRC has been obtained. Owners and occupants shall be jointly and separately responsible for failure to obtain the CRC required hereunder. The owner or its authorized agent shall submit a written application on forms provided by the Township.

Prior to issuance of a CRC, the Construction Official (or his/her designee) shall conduct a records inspection to ensure that there are no open construction permits or pending, open, unabated violations for the subject premises. Should there be open permits or pending, open, unabated violations, all final inspections and prior approvals shall be obtained and all pending, open, unabated violations cured prior to issuance of the CRC.

Fees. The application fees to obtain a CRC are as follows:

	Type of Request	Fee
	For requests made more than 10 business days prior to the change in occupancy, it being acknowledged the Township shall process an application for a CRC within 10 business days	$75
	For requests made 10 or less business days prior to the change in occupancy; provided nothing herein shall be construed to guarantee that the Township can process the request within the requested time frame	$100
	For each request to update a prior records inspection of a same premises within six months of the issuance of a CRC as to that premises	$35

(6)

Validity. A CRC shall be valid for a period of six months from the date of its issuance, provided no change in occupancy has occurred during said six months.

(7)

Violations. Any person who shall violate any provision of this section shall, upon conviction thereof, be liable to the penalty stated in § 1-17.

Violators of any part of this section shall be subject to the penalties set forth in § 1-17 of this Code, as same may be amended from time to time.

§ 155-9 Nonresidential structures.

[Amended 4-26-2000 by Ord. No. 720-00; 7-28-2004 by Ord. No. 857-04; 4-28-2010 by Ord. No. 997-10]

No person shall occupy as owner or occupant or rent to another person for occupancy any building for the purpose of occupancy, whether temporary or permanent, that does not conform to the provisions of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq., as the same may be supplemented and amended in the future, established hereby as the standard to be used in determining whether a structure is safe, sanitary, and fit for human occupancy for nonresidential purposes.

The occupancy and rental of buildings and parts thereof for human occupation or use shall be subject to the following:

No person shall occupy or rent to another for occupancy any building or part thereof after having been served with a notice of violation issued pursuant to the Uniform Construction Code, concerning a violation posing an immediate hazard to health and safety, until there is compliance with such notice.

Prior to any change in occupancy of any building or part thereof that is used or intended to be used for human occupancy, a certificate of occupancy or of continuing occupancy with municipal standards shall be obtained from the Construction Official or his designee stating that the premises complies with the requirements of the Uniform Construction Code incorporated by reference by this chapter.

A certificate of occupancy or a certificate of continuing occupancy issued pursuant to this section shall not be issued if there are open Uniform Construction Code permits on the subject property.

PERIODIC LEAD-BASED PAINT INSPECTION

The requirement of § 155-9B(2) shall not apply to a change in occupancy in an assisted-living facility, bed-and-breakfast, boarding or rooming house, hotel, nursing home, or motel.

The fees for a certificate of occupancy and for a certificate of continuing occupancy with municipal standards are set forth in Chapter 97 of this Code and shall be remitted with the application for the certificate.

Violators of any part of this section shall be subject to the penalties set forth in § 1-17 of this Code, as same may be amended from time to time.

§ 155-9.1 Lead-based paint inspections.

[Added 5-10-2023 by Ord. No. 1182-2023]

Statement of intent. The purpose of this section is to implement the requirements of P.L. 2021, c. 182 (N.J.S.A. 52:27D-437.16 et seq.) (the "Act"), which establishes inspection requirements for lead-based paint hazards in certain residential rental properties. In the event of a conflict between the requirements of this section and the requirements of the Act (as same may be hereafter amended from time to time), the provisions of the Act shall prevail.

Definitions. For purposes of this section only, the following words and terms shall have the meanings set forth below, in accordance with N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-1.1 et seq.:

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 a 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).

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-437.16), 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 section.

REMEDIATION

Interim controls or lead abatement work undertaken in conformance with this section 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.

TOWNSHIP INSPECTOR

The Construction Official or his/her designee or any enforcement officer appointed by the Township, pursuant to N.J.S.A. 40:48-2.3 et seq., or any other statutory authorization, to perform inspections of any building or other code, or any enforcement officer authorized to enforce the Township's Housing Code, Property Maintenance Code, or Health Code, or his/her designee.

Owner required to obtain inspection.

Inspection performed by Township Inspector. 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 as required in this section or at tenant turnover, whichever is earlier. To obtain the required inspection, the landlord, owner and/or agent shall arrange the inspection with the Township Inspector and pay all applicable and required fees associated with the Township's inspection as specified in § 155-9.1E below.

Option for inspection performed by licensed lead evaluation contractor.

(a)

(b)

Notwithstanding this option, the Township retains the authority to prohibit an owner from directly hiring a lead evaluation contractor to conduct a periodic lead-based paint inspection where:

The owner previously opted to hire a lead evaluation contractor to perform the periodic lead-based paint inspection and failed to have the inspection completed; or

[2]

The Township determines there is a conflict of interest between the owner and their lead evaluation contractor of choice.

Exempt dwellings. 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:

Was constructed during or after 1978;

Is a single-family or two-family seasonal rental dwelling unit that is rented for less than six months' duration each year by tenants that do not have consecutive lease renewals;

Has been certified to be free of lead-based paint, pursuant to N.J.A.C. 5:17;

Is in a multiple dwelling that was constructed prior to 1978 and 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 either:

(a)

No outstanding paint violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.); or

(b)

A current certificate of inspection issued by the Department of Community Affairs, Bureau of Housing Inspection; or

(c)

An open inspection with no violations for paint.

Has a valid lead-safe certification issued pursuant to N.J.A.C. 5:28A. Lead-safe certifications are valid for two years from the date of issuance pursuant to N.J.A.C. 5:28A-2.4.

Initial inspection; reinspection.

The initial inspection for all single-family, two-family and multiple dwellings subject to the requirements of this section shall take place upon tenant turnover or within two years of the effective date of P.L. 2021, c. 182 (July 22, 2022),[1] whichever occurs sooner.

Editor's Note: See N.J.S.A. 52:27D-437.16 et seq.

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 issued pursuant to § 155-9.1J below.

Each subsequent periodic lead-based paint inspection shall be counted from the most recent inspection that resulted in a valid lead-safe certification.

Owner obligation to notify Township that inspection is required. Whenever any multiple-dwelling unit is scheduled for a tenant turnover, the then-current landlord, owner and/or agent shall provide written notice to the Township Inspector that an inspection is needed at least 20 calendar days prior to the scheduled date of the tenant turnover.

Fees.

There shall be a fee of $125 for each initial visual lead-based paint inspection. If a dust-wipe sampling is deemed necessary based on visual examination, there shall be an additional fee of $75 for that sample.

There shall be a fee of $100 for each visual lead-based paint reinspection which is required and/or requested pursuant to this section. If a dust-wipe sampling is deemed necessary based on visual examination, there shall be a fee of $75 for that sample.

The Township shall assess an additional fee of $20 per unit inspected by a certified lead evaluation contractor or permanent local agency for the purposes of the Lead Hazard Control Assistance Act, P.L. 2003, c. 311 (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 has already assessed an additional inspection fee of $20 pursuant to the provisions of Section 10 of P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.10). In a common interest community, the assessment charged pursuant to this subsection 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 subsection shall be deposited into the Lead Hazard Control Assistance Fund established pursuant to Section 4 of P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.4).

All fees are nonrefundable unless the applicant cancels the requested inspection at least 48 hours prior to the scheduled inspection. Except for the $20 assessment payable to the state, all fees shall be dedicated to meeting the costs of implementing and enforcing this § 155-9.1 and shall not be used for any other purpose.

A dwelling landlord, owner and/or agent may directly hire a lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of this article and the requirements of N.J.S.A. 52:27D-437.6 and N.J.A.C. 5:28A-1.1 et seq., in which case the fee of $20 shall be assessed in accordance with N.J.S.A. 52:27D-437.6 and N.J.A.C. 5:28A-2.2, payable to the Township, to be deposited into the Lead Hazard Control Assistance Act Fund under the administration of the New Jersey State Department of Community Affairs, but no additional lead-based paint inspection fee shall be charged by the Township.

Time to complete inspections/reinspections. All inspections and reinspections shall take place within 15 calendar days of the requested inspection. Inspection fees shall be paid prior to the inspection. No inspections or reinspections shall take place unless all fees are paid. Scheduled inspections or reinspections may be canceled by the Township Inspector, unless the completed application and required fees have been received by the Township at least 24 hours prior to the scheduled inspection or on the last working day prior to the scheduled inspection. Every inspection for which the landlord, tenant, owner or agent has failed to provide access for inspection shall be deemed a failed inspection.

Use of visual assessment or dust wiping method.

At the time of the enactment of P.L. 2021, c. 182 (N.J.S.A. 52:27D-437.16), the Department of Community Affairs identified the Township as a municipality in which less than 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 New Jersey Department of Health. Accordingly, the Township Inspector or licensed lead evaluation contractor shall perform the periodic lead-based paint inspection through a visual assessment in which the Township Inspector or contractor is to examine dwellings, in accordance with HUD guidelines and regulations at 42 U.S.C. § 4851b, for deteriorated paint or visible surface dust, debris, or residue on all painted building components, especially any walls, windows, trim, and surfaces that experience friction or impact. The Township Inspector or licensed lead evaluation contractor may also elect to, but is not required to, collect samples by dust wiping surfaces, including floors, interior window sills, and other similar surfaces, and test in accordance with methods approved by the State of New Jersey and/or the HUD.

If, in the future, the Department of Community Affairs designates the Township as a municipality in which 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 New Jersey Department of Health, then the inspections required by this section shall be performed through dust wipe sampling instead of visual assessment alone.

Lead-safe certification.

If, following inspection, the Township Inspector or lead evaluation contractor finds that no lead-based paint hazard exists in a dwelling unit, they shall certify the dwelling unit as lead-safe on the form prescribed by the Department of Community Affairs and supply a copy of the lead-safe certification to the landlord, owner, and/or agent of the dwelling. If a licensed lead evaluation contractor issues the lead-safe certification, a copy shall also be provided to the Township Inspector and the Township Clerk at the time it is issued.

The lead-safe certification shall be valid for a period of two years from the date of issuance unless, 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, in which case, the certification shall become invalid.

Requirements upon identification of lead-based paint hazard.

If the Township Inspector or licensed lead evaluation contractor finds that a lead-based paint hazard exists in a dwelling unit, they shall notify the New Jersey State Department of Community Affairs, Division of Local Government Services, for review of the findings, in accordance with the Lead Hazard Control Assistance Act.

If a lead-based paint hazard is identified in an inspection of one of the dwelling units in a building consisting of two or more dwelling units, then the lead contractor or Township Inspector 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.

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 Township Inspector.

Owner recordkeeping requirements.

The landlord, owner and/or agent of a dwelling that is subject to this section shall provide to the tenant and to the Township evidence of a valid lead-safe certification obtained pursuant to this section at the time of tenant turnover. The owner shall also affix a copy of any such certification as an exhibit to the tenant's lease.

The owner of a multiple dwelling that is subject to this section shall provide evidence of a valid lead-safe certification obtained pursuant to this section, 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.

The owner of a dwelling that is subject to this section 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.

The owner of any dwelling subject to this section shall inform the Township of all tenant turnover activity to ensure any required inspection may be scheduled.

The owner of a dwelling shall provide a copy of this section, 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.

Township oversight and recordkeeping requirements.

Pursuant to N.J.A.C. 5:28A-2.1(d), the Township Inspector shall exercise appropriate oversight of a landlord or owner who chooses to hire a lead evaluation contractor to perform the periodic lead-based paint inspection.

Pursuant to N.J.A.C. 5:28A-3.2, the Township Inspector shall maintain a record of all dwellings subject to this § 155-9.1, which includes up-to-date information on inspection schedules, inspection results, and tenant turnover; all lead-safe certifications issued; and all lead-free certifications issued.

Enforcement; violations; penalties.

Pursuant to N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-4.1, the Township Inspector is authorized to conduct investigations and issue penalties in order to enforce a multiple dwelling landlord's, owner's and/or agent's failure to comply with this section.

The owner of the dwelling shall first be given a period of 30 calendar days to cure any violation by conducting the required inspection or initiating any required remediation efforts.

If the owner of the dwelling has not cured the violation within that time period, they shall be subject to a penalty, not to exceed $1,000 per week, until the required inspection has been conducted or the remediation efforts have been initiated.

Remediation efforts shall be considered to be initiated when the dwelling owner has hired a lead abatement contractor or other qualified party to perform lead-hazard control methods.

§ 155-10 Swimming pools.

[Amended 7-28-2004 by Ord. No. 857-04[1]]

Every outdoor swimming pool, existing or new, shall be enclosed by a fence or wall that complies with the standards set forth in Section 3109.7.1 of the International Building Code, New Jersey edition, and in Section 5:23-3.14 of the Uniform Construction Code, as the same may be supplemented and amended in the future.