[Added 10-10-2023 by Ord.
No. 2023-14]
Unless specifically outlined below, a code defining and authorizing
the periodic inspection of premises by an enforcing official concerning
lead-based paint, compelling residents to abate identified lead hazards,
explaining the relevant procedures, and, prescribing penalties for
failure to address violations in a timely matter is hereby established
in accordance with Chapter P.L. 2021, c. 182 and N.J.A.C. 5:28A et seq.
[Added 10-10-2023 by Ord.
No. 2023-14]
Said code established and adopted by this chapter is described
and commonly known as N.J.A.C. 5:28A Lead-Based Paint Inspections
in Rental Dwellings.
[Added 10-10-2023 by Ord.
No. 2023-14]
Three copies of said N.J.A.C. 5:28A Lead-Based Paint Inspections
in Rental Dwellings, have been placed on file in the office of the
Borough Clerk upon the introduction of this chapter and will remain
on file there for use and examination by the public.
[Added 10-10-2023 by Ord.
No. 2023-14]
a. The dwelling owner, landlord, or agent of a single-family, two-family,
and/or multiple rental dwelling property located within the Borough
shall register such rental dwelling with the Borough by completing,
providing all information called for by, and signing a form prescribed
by the Code Enforcement Officer and filing such completed and signed
form with the Code Enforcement Officer within two weeks after the
effective date of this chapter or on or before the date that such
owner takes title to such rental dwelling. The Code Enforcement Officer
shall maintain all such completed and signed forms in his or her office.
b. Subject to paragraph C of this subsection, the Code Enforcement Officer
and/or such individuals or organizations empowered through appointment
shall inspect every single-family, two-family, and multiple rental
dwelling located within the Borough at tenant turnover for lead-based
paint hazards or within two years of the effective date of N.J.S.A.
52: 27D-437.16 et seq., 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 pursuant to this section.
c. The dwelling owner, landlord, or agent of a rental property 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 paragraph b of this subsection in lieu
of the municipal inspection contemplated by paragraph b. In the event
that a dwelling owner or landlord directly hires such a lead evaluation
contractor to satisfy inspection needs as outlined herein, copies
of all subsequential results, reports, and/or certificates must be
provided to the Code Enforcement Officer as part of the established
registration application.
[Added 10-10-2023 by Ord.
No. 2023-14]
Fees for a lead-based paint inspection shall be set via rates
established by Chapter 10: "Lead-Based Paint Inspections" of the Administrative
Code of the Monmouth County Regional Health Commission No. 1.
[Added 10-10-2023 by Ord.
No. 2023-14]
All property owners and/or business of rental dwellings that
meet the provision of the aforesaid code of this chapter and regulations
referenced therein must abate their rental dwelling(s) upon identification
and notice of lead hazard(s) that were discovered as a result of observations
made during a lead-based paint inspection. The abatement of lead hazards
must conform to regulations found within N.J.A.C. 5:28A and N.J.A.C.
5:17, which encompasses and/or outlines protocols for lead abatement
and clearance.
[Added 10-10-2023 by Ord.
No. 2023-14]
This chapter may be enforced by and in the name of the Monmouth
County Regional Health Commission No. 1 and/or the Borough with the
assistance of the Code Enforcement Officer by proceedings instituted
and prosecuted in a court having jurisdiction of such proceedings
within the Borough.
[Added 10-10-2023 by Ord.
No. 2023-14]
If a dwelling owner fails to comply with any provision of this
chapter or the requirements of P.L. 2021, c. 182 and N.J.A.C. 5:28
et seq., the owner shall be given a period of 30 days to cure any
violation by conducting the required inspection or initiating any
required remediation efforts.
If the owner of a dwelling has failed to cure the violation
within 30 days, the owner shall be subject to a penalty of up to $1,000
per week (every seven days) until the required inspection has been
conducted or the remediation efforts have been initiated. Remediation
efforts shall be considered to have initiated when the dwelling owner
has hired a lead abatement contractor or other qualified party to
perform lead-hazard control methods.
[Added 10-10-2023 by Ord.
No. 2023-14]
A true certified copy of this chapter shall be filed with the
State Commissioner of Health.