[Adopted by the Mayor and Council of the Township of Mount
Olive as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-9-2015 by Ord.
No. 17-2015]
As used in this article, the following terms shall have the
meanings indicated:
Any room containing a bed or convertible bed used primarily
for sleeping that contains at least one openable egress window facing
directly to the outdoors or to a courtyard. Every bedroom must have
access to at least one bathroom without passing through another bedroom.
Bedrooms shall not constitute the only means of access to other bedrooms.
Kitchens, bathrooms, closets, halls, storage or utility spaces, common
areas, and similar areas shall not be utilized as bedrooms.
The rooms within the dwelling unit shared by all occupants
for nonsleeping purposes.
A building or part of a building consisting of a single unit,
providing complete, independent living facilities, intended for occupancy
as a residence for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
Any Zoning Officer, Construction Code Official, Fire Inspector
or Health Officer or his/her authorized designee.
One or more persons who live together in one dwelling unit
and maintain a common household and who are related by blood, marriage
or adoption. For the purpose of this article, a "family" includes
only a husband and wife, son, son-in-law, daughter, daughter-in-law,
father, father-in-law, mother, mother-in-law, brothers and sisters,
grandparents, grandchildren, stepchildren and adopted children and
bona fide family servants living in and working full-time on the premises.
For the purpose of this article, "family" shall also mean one or more
persons, but not more than three persons, unrelated and unmarried
to each other, but living together in one dwelling unit and maintaining
a common household.
A space in a building for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces
and similar areas are not considered habitable spaces.
The space within a dwelling unit utilized for living, sleeping,
eating, cooking, bathing, washing and sanitation purposes.
One or more persons customarily living together as a single
housekeeping unit, whether related or not related to each other by
birth or marriage, as distinguished from a group of individuals, not
related, living together, financially independent of one another.
The number of individuals permitted to reside in the dwelling
pursuant to the square footage of each bedroom as set forth in this
article.
Any room or space containing a bed, convertible bed, or used
for sleeping purposes that does not meet the definition of bedroom
as contained herein.
A.
Minimum standards. All residential dwellings shall meet the following
requirements.
(1)
Every bedroom occupied by an occupant shall contain at least 70 square
feet of floor area and every bedroom occupied by more than one person
shall contain at least 50 square feet of floor area for each other
occupant thereof.
(2)
Every bedroom shall have access to at least one bathroom without
passing through another bedroom.
(3)
A bedroom shall not constitute the only means of access to other
bedrooms or habitable space.
(4)
No kitchen, foyer, vestibule, or living area used in common by residents
of a dwelling unit shall be used for sleeping purposes.
(5)
Every sleeping room shall have at least one openable emergency escape
and rescue opening.
B.
Basements for human habitation. Basements may be used for human habitation
provided:
(1)
There is a minimum ceiling height of seven feet in at least 75% of
living area.
(2)
There is sufficient light and ventilation and at least 50% is above
grade.
(3)
All furnaces or other heating facilities are located separate and
insulated from the living areas by fireproof partitions or walls necessary
so that the same do not constitute an undue hazard to the safety and
health of the occupants.
(4)
The habitable area is free from visible moisture and seepage at all
times.
(5)
All habitable spaces and every sleeping room in the basement shall
have at least one openable emergency escape and rescue opening.
A.
All buildings and premises subject to this article are subject to
inspection, in the ordinary course of Township business, which circumstances
include, but are not limited to, in response to a complaint, or other
receipt by the Township of a notice of violation of this article,
or as otherwise lawfully required from time to time, by an enforcement
officer of the Township of Mount Olive. At the time of inspection,
all rooms in the building and all parts of the premises must be available
and accessible for such inspection.
B.
All enforcement officers shall be supplied with official identification
issued by the Township of Mount Olive and upon request shall exhibit
such identification when entering any dwelling unit or any part of
any premises subject to this code. All enforcement officers shall
conduct themselves so as to avoid intentional embarrassment or inconvenience
to occupants.
C.
Where any enforcement officer is refused entry or access, is unable
to obtain consent to inspect the premises, or is otherwise impeded
or prevented from conducting an inspection pursuant to this article
by the owner, operator or occupant of any premises, such public officer
may, upon affidavit, apply to the Judge of the Municipal Court of
the Township of Mount Olive for a search warrant. If the Judge of
the Municipal Court is satisfied as to the matter set forth in said
affidavit, and if he finds that probable cause for issuance of the
search warrant exists, he shall authorize the issuance of a search
warrant permitting access to and inspection of the particularly described
building or all the buildings in a particularly described area.
(1)
Probable cause permitting the issuance of the aforesaid search warrant
may include but is not limited to the nature or condition of the building
or buildings, a valid public interest, including, but not limited
to, the health, safety and welfare of the residents of the Township
of Mount Olive, or a belief that a violation of this code is maintained.
D.
If deemed necessary, due to extenuating circumstances, a search warrant
is obtained from the Municipal Court of the Township of Mount Olive,
pursuant to law, any inspection conducted in connection with that
duly issued search warrant shall be accompanied by a uniformed police
officer.
A.
The Enforcement Officer, on discovery of a violation of this article,
may immediately issue a summons, answerable in Municipal Court, to
any person or entity who is in violation of any section of this article.
For each and every violation, a separate summons may be issued.
B.
The summons may be served personally or by certified mail, return
receipt requested, at the last known address of the owner or any address
made known to the Township of Mount Olive. Any summons issued by a
Township enforcement officer shall be issued, in all instances of
a violation under this article, to the owner and/or landlord of the
dwelling unit found to be in violation of any provision of this article
even if there are tenants of the owner and/or landlord occupying the
dwelling unit and the violation of this article was caused by any
action or inaction of a tenant.
[Amended 11-10-2015 by Ord. No. 22-2015]
C.
An individual or entity found to be in violation of this article
shall be subject to a fine in an amount not to exceed $500 for the
first violation, $1,000 for the second violation, and $2,000 for all
subsequent violations.
Where violations or conditions on the premises constitute an
immediate threat of life or limb unless abated without delay, the
enforcement officer may either abate the condition immediately or
order the owner or occupancy to correct the violation or condition
within a period of time not to exceed three days, or, upon failure
to do so, the enforcement officer shall abate the condition immediately
thereafter.
When the abatement of a condition so as to bring the premises into compliance with municipal ordinances or state law requires the expenditure of municipal funds, the appropriate Township Official shall present a report of the proposed work to the Township Administrator with an estimate of the cost thereof and a copy of the notices provided to the owner and/or occupant. The Township Administrator shall review and recommend the abatement of the condition the cost of which will be a municipal lien against the real property upon which such cost was incurred as set forth in Chapter 302, entitled "Property Maintenance," § 302-35, entitled "Costs a municipal lien."
A.
Any violation of any ordinance other than this article discovered
by an enforcement officer during an authorized inspection shall be
reported to the official or agency responsible for enforcement of
said other ordinance.
B.
Any Township official who witnesses a violation of this article during
an authorized visit or inspection of a dwelling unit shall refer said
violation to the appropriate enforcing officer for inspection.
The provisions of this article shall apply to every residential
building situated in the Township of Mount Olive used or intended
to be used for occupancy purposes, whether or not such building shall
have been constructed, altered, or repaired before or after the enactment
of this Code and their respective building permits or licenses which
may have been issued for the use and occupancy of the building.
[Adopted 5-30-2023 by Ord. No. 16-2023]
The following terms shall have the meanings indicated below
pursuant to N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-1.2, both of
which are incorporated by reference.
A real estate development or neighborhood in which the property
is burdened by servitudes requiring property 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. "Common interest community" includes, but is not
limited to, condominiums and cooperative housing corporations.
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.
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.
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.
A firm certified by the Department of Community Affairs 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.
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.
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.
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.
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).
Interim controls or lead abatement work undertaken in conformance
with this article to address lead-based paint hazards.
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.
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.
Inspections for lead-based paint in rental dwelling units shall
be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et
seq. (Lead Hazard Control Assistance Act) and implementing regulations
at N.J.A.C. 5:28A-4.1 et seq., and N.J.S.A. 55:13A-1 et seq. (Hotel
and Multiple Dwelling Law), as may be amended from time to time.
The Township shall inspect every single-family, two-family, and multiple rental dwelling located within the Township at tenant turnover for lead-based paint hazards or by July 22, 2024, 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 article. The Township shall charge the dwelling owner or landlord, and the dwelling owner or landlord shall pay the Township in advance of any inspection, applicable fees set forth in § 227-21, which fees shall be dedicated to meeting the costs of implementing and enforcing this article. For the purposes of this article, "Township" shall mean the Construction Code Official, Health Officer or designee, or lead evaluation contractor hired by the Township.
The dwelling owner or landlord 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 § 227-12, instead of the Township conducting the inspection. In the event that a dwelling owner or landlord directly hires such a lead evaluation contractor, "Township" shall also mean and include such privately hired lead evaluation contractor for purposes of this article, except for the purposes of § 227-23.
The Township may consult with the local health board, the New
Jersey Department of Health, or the 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.
Notwithstanding any language in § 227-12 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:
A.
Has been certified to be free of lead-based paint;
B.
Was constructed during or after 1978;
C.
Is in a multiple dwelling that 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 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.);
D.
Is a single-family or two-family seasonal rental dwelling that is
rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals; or
E.
Has a valid lead-safe certification issued in accordance with this
article.
If the Township finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to § 227-12, 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 Township shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
If the Township finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to § 227-12, or following remediation of a lead-based paint hazard pursuant to § 227-16, then the Township shall certify the dwelling unit as lead-safe on a form prescribed by the 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 Township pursuant to this section shall be valid for two years.
Property owners shall:
A.
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 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 Township pursuant to Subsection A, B, or C of § 227-15;
B.
Provide evidence of a valid lead-safe certification obtained pursuant to this article to new tenants of the property at the time of tenant turnover unless not required to have had an inspection by the Township pursuant to Subsections A, B, C, and D of § 227-15, and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and
If the Township finds that a lead-based paint hazard exists
in a dwelling unit upon conducting an inspection pursuant to this
article, then the Township 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).
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 Township 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 Township shall charge an additional fee as set forth in § 227-21 of the Township Code for each additional inspection.
The following fees shall apply:
A.
Visual assessment inspection: $200 per dwelling unit.
B.
Dust wipe sampling: $50 per sample.
C.
Filing of a lead-safe certification or lead-free certification: $30.
D.
In addition to the fees charged for inspections, the Township shall
assess an additional fee of $20 per unit inspected as required by
the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D437.1 et seq.)
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. The fees collected pursuant
to this section shall be deposited into the Lead Hazard Control Assistance
Fund established pursuant to N.J.S.A. 52:27D-437.4.
E.
In a common interest community, any inspection fee charged pursuant
to this section shall be the responsibility of the unit owner and
not the homeowners' association, unless the association is the
owner of the unit.
A.
If less than 3% of children tested in the Township, 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 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 Township may inspect a dwelling located therein for lead-based
paint hazards through visual assessment.
B.
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 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 Township shall inspect a dwelling located therein
through dust wipe sampling.
C.
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 Township, designee, 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 inspector may charge fees in accordance
with this article for such additional inspections.
The Township 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 article. If the Township 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 article 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.
