[HISTORY: Adopted by the Township Committee of the Township
of Edgewater Park as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-17-1998 by Ord. No. 5-98]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this article shall have the
following meanings:
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this article. The term does not necessarily mean
a licensed real estate broker or salesman of the State of New Jersey
as those terms are defined by N.J.S.A. 45:15-3; however, such term
may include a licensed real estate broker or salesman of the State
of New Jersey if such person designated by the owner as his agent
is so licensed.
Two or more buildings, each containing two or more apartments,
which are located within close proximity of each other and are owned
by the same owner.
Any apartment, cottage, bungalow, any room or rooms in a
rooming/boarding house or other dwelling unit consisting of one or
more rooms occupying all or part of a floor or floors in a building,
whether designed with or without housekeeping facilities, for dwelling
purposes and notwithstanding whether the apartment be designed for
residence, for office, or the operation of any industry or business,
or for any other type of independent use.
A bond or letter of credit (in a form acceptable to and approved
by the Township) or the posting of cash. Cash security shall be placed
in escrow by the Township.
[Added 9-19-2023 by Ord. No. 2023-10]
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 and conducted pursuant to N.J.A.C.
5:28A-2.3.
[Added 3-21-2023 by Ord. No. 2023-04]
A person designated pursuant to N.J.S.A. 40:48-2.12p(b) and
this article to hear and determine proceedings under this article.
[Added 9-19-2023 by Ord. No. 2023-10]
Measures designed to permanently eliminate lead-based paint
hazards in accordance with standards established by the Commissioner
of Community Affairs in compliance with standards promulgated by the
appropriate federal agencies.
[Added 3-21-2023 by Ord. No. 2023-04]
Any condition that causes exposure to lead from lead-contaminated
dust or soil or lead-contaminated paint that is deteriorated or present
in surfaces that would result in adverse human health effects.
[Added 3-21-2023 by Ord. No. 2023-04]
A person certified by the New Jersey Department of Community
Affairs to perform lead inspection and risk assessment work pursuant
to N.J.A.C. 5:17-1.1 et seq.
[Added 3-21-2023 by Ord. No. 2023-04]
The license issued by the Township Clerk or designee attesting
that the rental unit has been properly registered in accordance with
this article.
The person to whom the license is issued pursuant to this
article. The term "licensee" includes within its definition the term
"agent" where applicable.
Those rental units licensed under the terms of the New Jersey
Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.).
[Added 3-26-2002 by Ord.
No. 3-2002]
One or more person to whom rental property is leased or rented
by the owner pursuant to a written or oral lease.
[Added 9-19-2023 by Ord. No. 2023-10]
Any person or group of persons, firm, corporation, or officer
thereof, partnership association, or trust who owns, operates, exercises
control over or is in charge of a rental facility under either a written
or oral lease.
[Amended 9-19-2023 by Ord. No. 2023-10]
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
Every building, group of buildings or a portion thereof which
is kept, used, maintained, advertised or held out to be a place where
living accommodations are supplied, whether furnished or unfurnished,
for pay or other consideration, to one or more individuals and is
meant to include apartments and apartment complexes.
A dwelling unit which is available for lease or rental purposes
and is meant to include individual apartments located within apartment
complexes.
A complaint substantiated by prosecution and conviction as
a violation of Title 2C of the New Jersey Statutes or under any Township
ordinance governing disorderly conduct, and as set forth in N.J.S.A.
40:48-2.12q.
[Added 9-19-2023 by Ord. No. 2023-10]
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit to the time at
which a new tenant enters a vacant dwelling unit.
[Added 3-21-2023 by Ord. No. 2023-04]
A visual examination for deteriorated paint or visible surface
dust, debris, or residue, including XRF (x-ray fluorescence) analysis.
[Added 3-21-2023 by Ord. No. 2023-04]
[Amended 3-26-2002 by Ord. No. 3-2002; 8-18-2020 by Ord. No. 2020-4]
All rental units shall be registered with the Township Clerk or designee of the Township of Edgewater Park, or such other person, as designated by the Township Committee, on forms which shall be provided for that purpose, and which shall be obtained form the Township Clerk or designee. Registration fees for all rental units shall be due and payable April 1 of every other year, as provided in §§ 401-5 and 401-7 below. All new rental units shall be registered within 10 days of the rental units becoming available for rent, and the registration fee required by §§ 401-5 and 401-7 below shall be paid in full for the balance of the licensing year (April 1 through March 31) for all such newly registered units, whether odd or even numbered. The name of the tenant or tenants occupying rental units shall be kept current. A change in tenant name or names registration shall be accomplished within 10 days of a change in tenant occupancy. Inspection of each rental unit shall occur upon change of occupancy, as well as on biennial periodic basis.
[Amended 12-24-1998 by Ord. No. 13-98; 2-24-1999 by Ord. No. 3-99; 3-26-2002 by Ord. No. 3-2002; 8-18-2020 by Ord. No. 2020-4]
Each registered rental unit shall be inspected upon a change in occupancy. In the event that a periodic inspection (as referenced in § 401-7 below) is scheduled to occur within 60 days of a change in occupancy inspection, a periodic inspection shall not be required. The license term shall commence on April 1 and shall be valid until March 31 of the following calendar year, at which time it shall expire and a new registration and registration fee shall be required. Registration for a license hereunder shall continue to be on a yearly basis, except that periodic inspections and registration fees shall be biennial for all rental units. In addition to the registration fees required biennially in this article, there shall be charged an inspection fee as set forth in Chapter 240, Fees, for each change in occupancy.
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, all rental units shall be registered and licensed
as provided herein. Every owner shall file with the Township Clerk
or designee of the Township of Edgewater Park or such other person
as designated by the Township Committee a registration form for each
unit contained within a building or structure, which shall include
the following information:
A.
The name, age and address, including the dwelling unit number, of
each occupant or tenant occupying the rental unit;
B.
The name and address of the record owner or owners of the premises
and the record owner or owners of the rental business if not the same
persons. In the case of a partnership, the names and addresses of
all general partners shall be provided, together with the telephone
numbers for each of such individuals indicating where such individual
may be reached both during the day and evening hours; if the record
owner is a corporation, the names and addresses of the registered
agent and corporate officers of said corporation, together with the
telephone numbers for each of such individuals, indicating where such
individual may be reached both during the day and evening hours;
C.
If the address of any record owner is not located in Edgewater Park
Township or in Burlington County, the name and address of a person
who resides in Burlington County and who is authorized to accept notices
from a tenant and to issue receipts therefor and to accept service
of process on behalf of the record owner;
D.
The name and address of the agent of the premises, if any;
E.
The name and address, including the dwelling unit number, of the
superintendent, janitor, custodian or other individual employed by
the owner or agent to provide regular maintenance service, if any;
F.
The name, address and telephone number of an individual representative
of the owner or agent who may be reached or contacted at any time
in the event of an emergency affecting the premises or any unit of
dwelling space therein, including such emergencies as the failure
of any essential service or system, and who has the authority to make
emergency decisions concerning the building and any repair thereto
or expenditure in connection therewith;
G.
The name and address of every holder of a recorded mortgage on the
premises;
H.
If fuel oil is used to heat the building and the landlord furnishes
the heat in the building, the name and address of the fuel oil dealer
servicing the building and the grade of fuel oil used;
I.
As to each rental unit, a specification of the exact number of sleeping
rooms contained in the rental unit. In order to satisfy the requirement
of this provision, an owner shall submit a floor plan which shall
become part of the application and which shall be attached to the
registration form when filed by the Township Clerk or designee;
L.
Such other information as may be prescribed by the Township.
The Township Clerk or designee shall index and file the registration
forms. In doing so the Township Clerk or designee shall follow the
mandates of N.J.S.A. 46:8-28.1, as amended and supplemented, so that
the filing of the registration form will simultaneously satisfy the
registration requirements of N.J.S.A. 46:8-28 to the extent that it
applies to the property being registered and will also satisfy the
registration requirements of this article.
Every person required to file a registration form pursuant to
this article shall file an amended registration form within 20 days
after any change in the information required to be included thereon.
No fee shall be required for the filing of an amendment except where
the ownership of the premises is changed.
A.
Inspection schedule.
[Amended 3-26-2002 by Ord. No. 3-2002; 8-18-2020 by Ord. No. 2020-4; 3-16-2021 by Ord. No. 2021-06]
B.
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Township of Edgewater Park, and
inspections made by persons or an agency other than the duly authorized
and appointed person, persons or agency of the Township of Edgewater
Park shall not be used as a valid substitute.
C.
Such inspection shall be for the purpose of determining compliance with Chapter 310, Land Development and Zoning, and, to the extent applicable, to determine if the property complies with the Property Maintenance Code, Uniform Construction Code, Housing Code, and/or Building Code, and/or Uniform Fire Safety Act.[1]
[Amended 8-18-2020 by Ord. No. 2020-4]
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
D.
Unsatisfactory inspection. In the event that the inspections of a rental unit indicate the need for maintenance and repairs, such property shall not thereafter be registered, nor shall a license issue, and the owner of the property, or his agent, shall not lease or rent such property, nor shall any tenant occupy the property until the necessary maintenance, repairs and corrections have been made so as to bring the property and rental unit into compliance with applicable code(s) and the property is thereafter subsequently reinspected, approved, registered and licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 60 days, and if not made within that time period, the owner shall be deemed in violation of this article and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of § 401-19 of this article.
[Amended 9-19-2023 by Ord. No. 2023-10]
A.
The inspection officers are hereby authorized to make inspections
to determine the condition of rental facilities, rental units and
rooming/boarding houses in order that they may promote the purposes
of this article to safeguard the health, safety, and welfare of the
occupants of rental facilities, rental units and rooming/boarding
houses and of the general public. For the purposes of making such
inspections, the inspecting officers are hereby authorized to enter,
examine and survey rental facilities, rental units and rooming/boarding
houses at all reasonable times. The owner or occupant of every rental
facility, rental unit and rooming/boarding house shall give the inspecting
officer free access to the rental facility, rental unit and rooming/boarding
house at all reasonable times for the purpose of such inspections,
examinations and surveys.
B.
Every occupant shall give the owner of the rental facility, rental
unit and rooming/boarding house access to any part of such rental
facility, rental unit and rooming/boarding house at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this article
or any lawful order issued pursuant thereto.
C.
Complaints. Within 10 days of receipt of a complaint alleging a reported
violation of this article, an inspecting officer shall conduct an
inspection as hereinbefore provided.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Township
of Edgewater Park, which is not registered and licensed in accordance
with this article.
Upon the filing of a completed registration form, and payment
of the prescribed fee, and a satisfactory inspection, the owner shall
be entitled to the issuance of a license commencing on the date of
issuance and expiring on the same date of the next calendar year.
A registration form shall be required for each rental unit, and license
shall be issued to the owner for each rental unit, even if more than
one rental unit is contained in the property.
[Amended 5-24-1999 by Ord. No. 5-99; 8-18-2020 by Ord. No. 2020-4]
At the time of the filing of the registration form, and prior
to the issuance of a license, the owner or agent of the owner must
pay a fee in accordance with the following:
C.
If the owner of the property is a senior citizen who resides in a
unit of the property and rents out the remaining unit and would otherwise
qualify under the State of New Jersey property tax deduction under
N.J.S.A. 54:4-8.41, there shall be no fee;
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration form required by this
article. This particular provision shall not apply to any hotel, motel,
or guesthouse registered with the State of New Jersey pursuant to
the Hotel and Multiple Dwelling Law[1] as defined in N.J.S.A. 55:13A-3. This provision may be
complied with by posting a copy of the registration certificate in
a conspicuous place within the rental unit(s).
[1]
Editor's Note: See N.J.S.A. 55:13A-1 et seq.
[Amended 9-19-2023 by Ord. No. 2023-10]
A.
The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 29 days. Any person violating this provision shall be subject to the penalty provisions of § 401-19 of this article.
B.
Only those occupants whose names are on file with the Township as required in this article may reside in the licensed premises. It shall be unlawful for any other person to reside in said premises and any owner, agent, tenant, or registered tenant allowing a nonregistered party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of § 401-19 of this article.
No rental unit may be registered and no license shall be issued
for any property containing a rental unit unless all municipal taxes,
water and sewer charges and any other municipal assessments are paid
on a current basis.
[Amended 8-18-2020 by Ord. No. 2020-4]
All dwelling units shall be maintained in accordance with the Uniform Construction Code and Chapter 396, Property Maintenance.
A.
Occupants. Only those occupants whose names are on file with the
Township Clerk as provided in this article may reside in the licensed
premises. It shall be unlawful for any other person to reside in said
premises, and this provision may be enforced against the landlord,
tenant, or other person residing in said premises.
B.
Nuisance prohibited. No rental facility shall be conducted in a manner
which shall result in any unreasonable disturbance or disruption to
the surrounding properties and property owners or of the public in
general, such that it shall constitute a nuisance as defined in the
ordinances of the Township of Edgewater Park.
C.
Compliance with other laws. The maintenance of all rental facilities
and the conduct engaged in upon the premises by occupants and their
guests shall at all times be in full compliance with all applicable
ordinances and regulations of the Township of Edgewater Park and with
all applicable state and federal laws.
[Added 9-19-2023 by Ord. No. 2023-10[1]]
A.
Substantiated complaint. If in any twenty-four-month period on separate
occasions two or more substantiated complaints occur from conduct
upon or in proximity to any residential premises which are attributable
to the acts or incitements of any of the occupants of those premises,
the Township Administrator or his designee may institute proceedings
to require the owner of those premises to post bond against the consequences
of future incidents of the same character.
B.
Procedure; notice; hearing.
(1)
Notice. In the event that there is a substantiated complaint, as
defined in this article, with respect to an occupant, the Township
Administrator or his designee shall cause a notice to be served advising
the occupant and the owner(s) of the occurrence of the specified conduct
and the consequences of a recurrence of such conduct. The notice shall
be delivered in person or by registered mail to the occupant at the
address of the premises and to the owner or owner's designated agent
at the address appearing on the tax records of the Township.
(2)
Hearing. In the event that the Township Administrator or his designee determines to commence proceedings pursuant to this section, after two or more substantiated complaints occur within the time set forth in § 401-17A above, the Township Administrator or his designee shall cause to be served on the owner or his designated agent, in person or by registered mail to the address appearing on the tax records of the Township, notice advising of the institution of proceedings, together with the particulars of the substantiated complaints upon which those proceedings are based, and of the time and place at which a hearing will be held in the matter. The hearing shall be held at the Township Municipal Building or other public place within the Township. The date for the hearing shall be no sooner than 30 days subsequent to the date on which the notice is served or mailed.
(a)
At the hearing convened pursuant to this section, the hearing
officer shall give full hearing to both the complaint of the municipality
and to any evidence in contradiction or mitigation that the owner
or his designated agent may present. The hearing officer may consider,
to the extent that the hearing officer deems relevant, prior complaints
about the residents of the property even if those complaints did not
result in a conviction. At the conclusion of the hearing, the hearing
officer shall determine whether the owner shall be required to post
a bond in accordance with the terms of this section.
(b)
The hearing officer shall be designated from time to time by
resolution of the Township Committee. Pursuant to the provisions of
N.J.S.A. 40:48-2.12pb, the hearing officer shall be an attorney at
law licensed in the State of New Jersey. The hearing officer shall
not be an owner or lessee of any real property within the Township
of Edgewater Park and shall not hold an interest in the assets of
or profits arising from the ownership or leasing of any real property
in the Township of Edgewater Park.
C.
Bond requirements; term. The amount of any bond or security required
to be posted shall be in the judgment of the hearing officer, and
in light of the nature of the offenses indicated in the substantiated
complaints, adequate in the case of subsequent offenses to make reparation
for 1) damages likely to be caused to public and private property;
2) damages consequent upon the disruption of the affected residents'
rights of fair use and quiet possession of their premises; 3) securing
the payment of fines and penalties likely to be levied for such offenses;
and 4) compensating the Township for the costs of repressing and prosecuting
such incidents of disorderly behavior. The bond shall be in an amount
not less than $500 nor more than $5,000. Furthermore, the Township
may enforce the bond requirement in Superior Court and shall be entitled
to an injunction prohibiting the owner from making or renewing any
lease of the affected premises for residential purposes until the
bond or equivalent security, in satisfactory form and amount, has
been deposited with the Township.
(1)
A bond or other security deposited in compliance with Subsection C of this section shall remain in force for a period determined in the discretion of the hearing officer which shall be for not less than two nor more than four years. Upon lapse of the specific period, the owner shall be entitled to the discharge of the bond or return of the security unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have taken place. In that event, the bond shall be renewed for a further period to be specified by the hearing officer as set forth in Subsection D.
D.
Bond or other security; forfeiture.
(1)
If during the period for which the owner is required to give security a substantiated complaint is recorded against the property in question, the Township Administrator may institute proceedings against the owner for 1) forfeiture or partial forfeiture of the security; 2) an extension of the period the owner is required to post the security as set forth in Subsection C(1) of this section; 3) an increase in the amount of the security; or 4) any or all of these purposes.
(2)
Any forfeiture or partial forfeiture shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in this section. Any decision by the hearing officer to increase the amount of security or extend the period of the required security shall be determined in light of the factors set forth in Subsection C of this section. Such action shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which the proceedings arise under this section indicates the appropriateness of the change in order to carry out the purposes of this section effectively. The decision of the hearing officer shall be enforced in the same way and manner as set forth in Subsection C of this section.
(3)
Nothing in this section prevents an owner from seeking recovery from
an occupant for any amount of security actually forfeited pursuant
to this section.
A.
Grounds. In addition to any other penalty prescribed herein, an owner
may be subject to the revocation or suspension of the license issued
hereunder upon the happening of one or more of the following:
(1)
Allowing
the residential rental unit to be occupied or used in a manner which
constitutes a public nuisance pursuant to N.J.S.A. 2C:33-12 or which
is the location of activities which endanger the health and safety
of surrounding residents, property owners and the general public.
[Added 9-19-2023 by Ord. No. 2023-10[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsection
A(1) through (5) as Subsection A(2) through (6), respectively.
(2)
Conviction of a violation of this article in the Municipal Court
or any other court of competent jurisdiction.
(4)
Continuously renting the unit or units to a tenant or tenants who are convicted of a violation of Chapter 342, Noise, of the Code of the Township of Edgewater Park.
(5)
Continuously permitting the rental unit to be occupied by more than
the maximum number of occupants as defined in this article.
(6)
Maintaining the rental unit or units or the property in which the
rental unit is a part in a dangerous condition likely to result in
injury to person or property.
B.
Procedure; written complaint; notice; hearing.
(1)
A complaint seeking the revocation or suspension of a license may
be filed by any one or more of the following: the Chief of Police,
Construction Code Official, Housing Inspector, the Zoning Enforcement
Officer, the Township Administrator or any other persons or office
authorized to file such complaint. Such complaint shall be in writing
and filed with the Township Clerk or designee. The complaint shall
be specific and shall be sufficient to apprise the licensee of the
charges so as to permit the licensee to present a defense. The individual(s)
filing the complaint may do so on the basis of information and belief
and need not rely on personal information.
(2)
Upon the filing of such written complaint, the Township Clerk or
designee shall immediately inform the Township Committee and a date
for a hearing shall be scheduled which shall not be sooner than 10
nor more than 30 days thereafter. The Township Clerk or designee shall
forward a copy of the complaint and a notice as to the date of the
hearing to the licensee and the agent, if any, at the address indicated
on the registration form. Service upon the agent shall be sufficient.
(3)
The hearing required by this section shall be held before the Township
Committee unless, in it discretion, the Township Committee determines
that the matter should be heard by a hearing officer who shall be
appointed by the Township Committee. If the matter is referred to
a hearing officer, such officer shall transmit his findings of fact
and conclusions of law to the Township Committee within 30 days of
the conclusion of the hearing. The Township Committee shall then review
the matter and may accept, reject, or modify the recommendations of
the hearing officer based on the record before such hearing officer.
In the event that the matter is not referred to a hearing officer
and is heard by the Township Committee, then the Township Committee
shall render a decision within 30 days of the conclusion of the hearing.
Following the hearing, a decision shall be rendered dismissing the
complaint, revoking or suspending the license, or determining that
the license shall not be renewed or reissued for one or more subsequent
license years.
(4)
A stenographic transcript shall be made of the hearing. All witnesses
shall be sworn prior to testifying. The strict rules of evidence shall
not apply and the evidential rules and burden of proof shall be that
which generally controls administrative hearings.
(5)
The Township Solicitor or his designee shall appear and prosecute
on behalf of the complainant in all hearings conducted pursuant to
this section.
C.
Defenses. It shall be a defense to any proceeding for the revocation,
suspension or other disciplinary action involving a rental license
by demonstrating that the owner has taken appropriate action and has
made a good faith effort to abate the conditions or circumstances
giving rise to the revocation proceeding, including but not limited
to the institution of legal action against the tenant(s), occupants
or guests for recovery of the premises; eviction of the tenant(s)
or otherwise.
[Amended 8-18-2020 by Ord. No. 2020-4]
Any person violating any of the provisions of this article or part thereof shall, upon conviction, be subject to the penalty in Chapter 1, Article II, General Penalty, of the Code of the Township of Edgewater Park. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this article.
If any section, subsection, paragraph, sentence or other of
part of this article is adjudged unconstitutional or invalid, such
judgment shall not affect, impair or invalidate the remainder of this
article, but shall be confined in its effect to the section, subsection,
paragraph, sentence or other part of this article directly involved
in the controversy in which said judgment shall have been rendered
and all other provisions of this article shall remain in full force
and effect.
[Adopted 3-21-2023 by Ord. No. 2023-04]
A.
A lead evaluation contractor retained by the Township shall inspect
every single-family, two-family, or multiple-rental dwelling located
in the Township of Edgewater Park for lead-based paint hazards through
visual assessment and dust wipe sampling in accordance with N.J.S.A.
52:27D-437.1 et seq.
B.
In lieu of having the dwelling inspected by the Township's lead evaluation
contractor, a dwelling owner or landlord may directly hire a private
lead evaluation contractor who is certified to provide lead paint
inspection services by the Department of Community Affairs to perform
the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.1
et seq.
C.
In accordance with N.J.S.A. 52:27D-437.16c, 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 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,
P.L. 1967, c. 76 (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
(5)
Has a valid lead-safe certification. (Lead-safe certifications are
valid for two years from the date of issuance pursuant to N.J.A.C.
5:28A-2.4.).
D.
The owner, landlord and/or agent of every single-family, two-family,
or multiple-rental dwelling unit offered for rental shall be required
to obtain an inspection of the unit for lead-based paint hazards no
later than July 22, 2024, or upon a tenant turnover after the effective
date of this article, whichever is earlier.
E.
The owner, landlord, and/or agent of every single-family, two-family,
or multiple-rental dwelling unit offered for rental shall be required
to obtain an inspection of the unit for lead-based paint hazards every
three years, or at tenant turnover, whichever is earlier, except that
an inspection upon tenant turnover shall not be required if the owner
has a valid lead-safe certification.
F.
If lead-based paint hazards are identified, then the owner, landlord,
and/or agent of the dwelling shall remediate the lead-based paint
hazard using lead abatement or lead-based control methods in accordance
with N.J.S.A. 52:27D-437.16d.
G.
If no lead-based paint hazards are identified, then the Township's
lead evaluation contractor shall certify the dwelling as lead-safe
on a form prescribed by the Department of Community Affairs, which
shall be valid for two years.
H.
Pursuant to N.J.S.A. 52:27D-437.16e, property owners shall:
(1)
Provide evidence of valid lead-safe certification and the most recent
tenant turnover at the time of the cyclical inspection.
(2)
Provide evidence of a valid lead-safe certification obtained pursuant
to this section to new tenants of the property at the time of tenant
turnover, unless not required to have had an inspection by a lead
evaluation contractor or permanent local agency pursuant to § 402-21C.
(3)
Maintain records of lead-safe certification, which shall include
name(s) of the unit tenant(s) if inspection was conducted during a
period of tenancy.
I.
Fees.
(1)
The fee for a visual inspection and dust wipe sampling inspection performed by the Township's lead evaluation contractor shall be based on the Township's actual costs following a procurement by the Township of a certified lead paint inspector and may vary based on the square footage and number of bedrooms in a rental unit and shall be set forth in the Township Code at Chapter 240, Fees, and a separate Township administrative fee for every dwelling unit inspected by the Township's lead evaluation contractor or the owner's private lead evaluation contractor.
(2)
In accordance with N.J.S.A. 52:27D-437.16h, an additional fee of
$20 per dwelling unit inspected by the Township's lead evaluation
contractor or the owner's private lead evaluation contractor shall
be addressed for the purpose of the Lead Hazard Control Assistance
Act,[1] unless the owner demonstrates that the Department of Community
Affairs has already assessed an additional inspection fee of $20.
The fees collected pursuant to this subsection shall be deposited
into the Lead Hazard Control Assistance Fund.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.1 et seq.
(3)
In a common interest community, any inspection fee 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.
Penalties for violation of § 401-21 shall be as follows:
A.
If a property owner has failed to conduct the required inspection
or initiate any remediation as required by N.J.S.A. 52:27D-437.1 et
seq., the owner shall have 30 days to cure the violation.
B.
If a property owner fails to cure 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.
C.
Remediation efforts shall be considered to be initiated when the
unit owner/landlord or agent has hired a lead abatement contractor
or otherwise qualified party to perform lead hazard control methods.
