Prior ordinance history: 2001 Code §§ 13-1.1—13-2.6 and Ordinance Nos. 78-20, 88-25, 99-12, 12-19 and 12-23.
[Ord. No. 13-12 § 1]
A certain document, three copies of which are on file in the
office of the Borough Clerk of the Borough of Fairview, being marked
and designated as the International Property Maintenance Code, 2003
edition, as published by the International Code Council, be and is
hereby adopted as the Property Maintenance Code of the Borough of
Fairview, in the State of New Jersey for regulating and governing
the conditions and maintenance of all property, buildings and structures;
by providing the standards for supplied utilities and facilities and
other physical things and conditions essential to ensure that structures
are safe, sanitary and fit for occupation and use; and the condemnation
of buildings and structures unfit for human occupancy and use, and
the demolition of such existing structures as herein provided; providing
for the issuance of permits and collection of fees therefor; and each
and all of the regulations, provisions, penalties, conditions and
terms of said Property Maintenance Code on file in the office of the
Borough of Fairview are hereby referred to, adopted, and made a part
hereof, as if fully set out in this ordinance, with the additions,
insertions, deletions and changes, if any, prescribed in Section 13-2
of this chapter.
[Ord. No. 13-12 § 2;
amended 10-18-2022 by Ord. No. 22-09]
The following sections are hereby revised:
Section 101.1. Insert: Borough of Fairview
Section 103.5. Insert: No less than $50 no more than $1,000
Section 104.3. Inspections.
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Section 104.3. Inspections.
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C.
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Lead-Based Paint Inspections.
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(1)
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Required Initial Inspection. 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 within two years of the effective
date of the law, July 2, 2022,[1] or upon tenant turnover, whichever is earlier.
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(2)
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Required Recurring Inspection. After the initial inspection
required by Section 104.3, the owner, landlord and/or agent of such
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.
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(3)
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Standards. 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., and N.J.S.A. 55:13A-1 et seq.
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(4)
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Exceptions. 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, or for the
fees for such inspection or evaluation, if the unit:
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a.
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Has been certified to be free of lead-based paint;
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b.
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Was constructed during or after 1978;
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c.
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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 form 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.;
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d.
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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
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e.
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Has a valid lead-safe certification issued in accordance with
N.J.S.A. 52:27D- 437.16.
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Section 304.14. Insert: April 1 to October 1 of each year
Section 602.3. Insert: October 1 of each year to the next succeeding
May 1
Section 602.4. Insert: October 1 of each year to next succeeding
May 1
[1]
Editor's Note: See P.L. 2021, c. 182.
[Ord. No. 13-12 § 3]
Chapter 13 of the Borough of Fairview entitled Property Maintenance and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
[Ord. No. 13-12 § 4]
If any section, subsection, sentence, clause or phrase of this
chapter is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this chapter.
The Governing Body hereby declares that it would have passed this
chapter (Ordinance No. 13-12), and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
[Ord. No. 13-12 § 5]
That nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 13-1.2 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
[Ord. No. 13-12 § 6]
That this chapter and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force from and after the date of its final passage and adoption. (Section 13-1 was adopted by Ord. No. 13-12 on May 21, 2013.)
