[Adopted 6-9-2015 by Ord.
No. 17-2015]
As used in this article, the following terms shall have the
meanings indicated:
BEDROOM
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.
COMMON AREAS
The rooms within the dwelling unit shared by all occupants
for nonsleeping purposes.
DWELLING UNIT
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.
ENFORCEMENT OFFICER
Any Zoning Officer, Construction Code Official, Fire Inspector
or Health Officer or his/her authorized designee.
FAMILY
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.
HABITABLE SPACE
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.
LIVING SPACE
The space within a dwelling unit utilized for living, sleeping,
eating, cooking, bathing, washing and sanitation purposes.
OCCUPANT
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.
PERMITTED OCCUPANCY
The number of individuals permitted to reside in the dwelling
pursuant to the square footage of each bedroom as set forth in this
article.
PROHIBITED BEDROOMS
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.
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."
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.
COMMON INTEREST COMMUNITY
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.
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 EVALUTION CONTRACTOR
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.
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.
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).
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.
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.
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.
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.