[Ord. No. 77-2 § 1; Ord. No. 92-13; Ord. No. 95-2 § 1; Ord. No. 99-10; Ord. No. 2001-14; Ord. No. 2003-12 §§ 1, 2; Ord. No. 2015-10 § 1]
a. 
The Borough of Elmer hereby relinquishes its jurisdiction of the administration and enforcement of the Uniform Construction Code to the Township of Pittsgrove, County of Salem, State of New Jersey pursuant to a certain Shared Services Agreement dated January 1, 2005.
[Ord. No. 94-5 § 1; Ord. No. 2015-10 § 2]
The intention of this section is to promote the health, safety and welfare of the residents of the Borough of Elmer by enforcing the New Jersey State Housing Code, N.J.A.C. 5:28-1 et seq., and the International Property Maintenance Code, 2012, and as subsequently amended and revised.
[Ord. No. 94-5 § 2]
As used in this section:
BUILDING
Shall mean a structure or portion of a structure containing a room or space, or group of rooms or spaces, combined to provide working or living facilities for one or more persons. This shall include but shall not be limited to single-family dwellings, multiple-family dwellings, office buildings, and all appurtenant structures. Excluded from this definition are hospitals, restaurants, manufacturing plants, factories, or government owned buildings.
OWNER
Shall mean the individual or individuals whose name appears as buyer on a deed of record.
TENANT
Shall mean a person or persons, other than the owner of the building or his immediate family, who occupy the structure.
[Ord. No. 94-5 § 3; New; Ord. No. 2015-10 § 3]
The Borough shall designate the Housing Officer to exercise the powers and duties prescribed by this section and he shall be known as the Borough Housing Officer.
[Ord. No. 94-5 § 4; Ord. No. 2006-9 § 4]
The New Jersey State Housing Code as approved by the State Departments and filed in the Secretary of State's Office is hereby accepted, adopted and established as standards to be used as a guide in determining the fitness of a building for human habitation, occupancy or use.
[Ord. No. 94-5 § 5; Ord. No. 2006-9 § 5]
No person shall occupy as owner occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the "New Jersey State Housing Code" and established hereby as the standards to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[Ord. No. 94-5 § 6; Ord. No. 2017-4; amended 8-14-2024 by Ord. No. 2024-12]
An inspection, in accordance with the provisions of this section, shall be made at the following times:
a. 
Certificate of Occupancy – issued prior to occupancy for all new construction, reconstruction, additions and change of use.
b. 
Certificate of Resale – issued upon a change of title prior to the buyer occupying the premises.
c. 
New Tenant Certificate of Rental Properties — upon each change or addition of tenant/tenants or annually, whichever event occurs first.
[Ord. No. 94-5 § 7; Ord. No. 2019-4; amended 8-14-2024 by Ord. No. 2024-12]
Application to secure a Certificate of Occupancy, Certificate of Resale, or New Tenant Certificate of Rental Properties shall be made to the Borough Housing Officer upon an approved form, submitting all required information, which forms can be acquired from the Borough Clerk or the Housing Officer.
Upon the making of an application, the Borough Housing Officer shall arrange for an inspection of the building or appurtenant structure, if necessary, to determine that the condition of the building in question complies with the standards as set forth in Subsection 11-2.4. Individual subsurface sewer disposal systems are exempt from the inspection requirements of this section.
[Ord. No. 94-5 § 8; Ord. No. 2006-9 § 8]
The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule: The Borough of Elmer shall be entitled to receive a fifty ($50) dollar fee for the initial inspection and for first reinspection. Any failed reinspection shall be a twenty-five ($25) dollar fee for each reinspection.
[Ord. No. 94-5 § 9]
By the making of the application, the applicant shall consent to and give free access to such building to the Housing Officer for the purpose of making examination of the premises and issuance of the certificate.
[Ord. No. 94-5 § 10]
Upon completion of inspection, the Housing Officer shall give notice to the applicant of any repairs or alterations of such building which are necessary to effect compliance with the provisions of this section. Such notice shall be in writing, setting forth the repairs or alterations to be made and served upon the applicant or its agents.
[Ord. No. 94-5 § 11]
a. 
Unconditional Certificate. An unconditional certificate of occupancy shall be issued by the Borough Housing Officer if, upon inspection, the building is found to be in compliance with those standards mentioned in Subsection 11-2.4.
b. 
Conditional Certificate of Occupancy. A conditional certificate of occupancy shall be issued by the Borough Housing Officer if the building complies with the portion of those standards mentioned in Subsection 11-2.4 which affect the safety and welfare of the occupants but fails to meet non-safety-related standards. In the event a conditional certificate of occupancy is issued, the owner of the premises in question shall cause the building to be brought into compliance with the standards in question, and reinspection within a 30 day period.
[Ord. No. 94-5 § 12; New]
Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 2006-9 § 2; Ord. No. 2015-10 § 4]
a. 
103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule: The Borough of Elmer shall be entitled to receive a fifty ($50) dollar fee for the initial inspection and for first reinspection. Any failed reinspection shall be a twenty-five ($25) dollar fee for each reinspection.
b. 
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches.
c. 
304.14 Insect Screens. During the period from April 1 to December 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every door used for insect control shall have a self-closing device in good working order.
d. 
602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units on terms, either expressed or implied, to furnish heat during the period from October 1 to May 15 to maintain a temperature of not less than 68º (20ºC) in all habitable rooms, bathrooms, and toilet rooms.
e. 
602.4 Occupiable Work Spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to May 15 to maintain a temperature of not less than 65º (18ºC) during the period the spaces are occupied.
[Ord. No. 92-9 § 4; New]
Pursuant to the provisions of N.J.S.A. 52:27d-192, et seq., the Commissioner of the Department of Community Affairs has promulgated regulations/requirements for the installation of smoke detectors which regulations/requirements are set forth in N.J.A.C. 5:70-4.19 and that document entitled "Requirements for the Installation of Smoke Detectors in One/Two Family Dwellings in Accordance with N.J.A.C. 5:70-4.19," which regulations/requirements are hereby accepted, adopted and established as standards to be used as a guide for the installation of smoke detectors in one- and two- family dwellings. The New Jersey State Housing Code, as promulgated in N.J.A.C. 5:28-1 et seq., the International Property Maintenance Code, as adopted by Chapter 10, Property Maintenance, and requirements for the installation of Smoke Detectors in One/Two Family Dwellings in accordance with N.J.A.C. 5:70-4.19 shall be enforced by the Borough.
[Ord. No. 2000-6 § 1; amended 6-11-2025 by Ord. No. 2025-7]
As used in this section, the following terms shall have the meanings indicated:
AGENT
Shall mean any person designated by the record owner as being authorized to perform any duty imposed upon the record owner by this section. 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 record owner as his agent is so licensed.
BOARDINGHOUSE
See N.J.S.A. 55:13B-3.
CONSIDERATION
Shall mean money or anything of value.
HOSTING PLATFORM
A website, service, or application that facilitates short-term rentals, including, but not limited to, Airbnb or VRBO.
HOTEL
See N.J.S.A. 55:13A-3.
MOTEL
See N.J.S.A. 55:13A-3.
MULTIPLE DWELLING
See N.J.S.A. 55:13A-3.
NON-OWNER-OCCUPIED STR
A short-term rental where the property owner does not reside in the dwelling unit during the rental period.
OWNER-OCCUPIED STR
A short-term rental where the property owner resides in the dwelling unit during the rental period.
PERSON
Shall mean any individual, partnership, limited partnership, corporation, limited liability company, trust, estate or other entity, or combination thereof.
RECORD OWNER
Shall mean any person who holds record or other legal title ownership of land upon which a rental unit is located.
RENTAL UNIT
Shall mean each and every individual, house, building or structure, or any separate apartment, unit, room or other space within any of the foregoing, which is rented, leased, provided or otherwise made available for residential living, dwelling or sleeping space, by or through its owner, for consideration. For example, if a single-family house is leased to a tenant, the house is the rental unit. If a person owns a duplex which is leased out to tenants, each side or section is a separate rental unit, and the owner must obtain two rental unit licenses. Each apartment in an apartment complex is a separate rental unit. In a multiple dwelling, each unit therein is considered a rental unit.
RENTAL UNIT PREMISES
Shall mean the land, specifically the tax lot and street address, upon which a rental unit is situated.
RENTAL UNIT REGISTRATION
Shall mean annual registration required for any rental unit in the Borough.
ROOMING HOUSE
See N.J.S.A. 55:13B-3.
SHORT-TERM RENTAL LICENSE
Shall mean an annual license required in addition to the Rental Unit Registration for all Short-Term rental units.
SHORT-TERM RENTAL (STR)
A dwelling unit, or portion thereof, available for rent for a period of less than 30 consecutive days. For example, but not exclusive: bed-and-breakfast, guest house or similar facility where the owner lives in the structure and provides other rooms therein which do not have a separate entrance/exit to the outside of the structure for rent, the structure is considered an owner-occupied short-term rental unit, and only one license needs to be obtained. In a hotel, motel or rooming or boarding house, registered with the State, the structure or structures containing the unit or units is the rental unit, and only one non-owner-occupied short-term license need be obtained.
[Ord. No. 2000-6 § 2; Ord. No. 2017-4 § 2; amended 6-11-2025 by Ord. No. 2025-7]
No person shall rent, lease, provide or make available any rental unit to any person unless and until that rental unit is registered with the Borough in accordance with this section and/or Subsection 11-5.6 addressing Short-Term Rental Units.
[Ord. No. 2000-6 § 3; Ord. No. 2017-4 § 3]
The record owner, or authorized agent of the record owner, of every rental unit shall register each rental unit as follows:
a. 
The initial registration for existing rental units shall be filed on or before June 15, 2000.
b. 
Thereafter, a new application for each existing rental unit shall be filed by the 15th day of January in each year.
c. 
Following June 15, 2000, the record owner, or authorized agent for the record owner, shall register each rental unit no later than the time of occupancy by the first tenant in any newly constructed, reconstructed or other newly created rental unit.
d. 
Upon the change of record of ownership of a rental unit premises, the new record owner shall make registration for any rental unit.
[Ord. No. 2000-6 § 4; amended 6-11-2025 by Ord. No. 2025-7]
a. 
Each rental unit registration shall be valid for one year and must be renewed annually by January 15 each year, regardless of when the initial registration is obtained.
b. 
Each short-term rental license shall be valid for one year and must be renewed annually by January 15 each year, regardless of when the initial license is obtained.
c. 
Each rental unit registration shall expire and be void upon a change in tenancy and shall require a New Tenant Certificate of Rental Properties pursuant to Subsection 25-3.2, with the exception of those rental units which also have a Short-Term Rental License, these properties shall require the New Tenant Certificate of Rental Properties pursuant to Subsection 25-3.2 only on an annual basis and not upon a change of tenancy, unless there is a change of ownership.
d. 
Each rental unit registration shall expire and be void upon the change of record ownership of the rental unit premises.
e. 
A rental unit registration shall become void, in the same manner as if it expired, upon revocation of the registration in accordance with Subsection 11-5.8.
[Ord. No. 2000-6 § 5; Ord. No. 2007-2; Ord. No. 2017-4 § 4; amended 9-11-2019 by Ord. No. 2019-6; 7-8-2020 by Ord. No. 2020-8; 6-11-2025 by Ord. No. 2025-7]
a. 
No rental unit may be leased, rented or occupied until the record owner of the Borough rental unit files or causes to be filed a registration certificate on forms provided by the Borough with the Borough Housing Officer for the rental unit, which shall include the following information:
1. 
The name and address of the record owner or owners of the rental unit 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 such individual indicating where such individual may be reached both during the day and evening hours. If the record owner is a corporation, the name and address of the registered agent and corporate officers of said corporation shall be provided, together with the telephone numbers for each such individual indicating where such individual may be reached both during the day and evening hours.
2. 
If the address of any record owner is not located in Salem County, the name and address of a person who resides in Salem 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.
3. 
The name and address of the agent of the rental unit premises, if any.
4. 
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.
5. 
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 rental unit, including such emergencies as the failure of any essential service or system, and who has the authority to make emergency decisions concerning the rental unit premises and any repair thereto or expenditure in connection therewith.
6. 
A specification of the exact number of sleeping rooms contained in the rental unit.
7. 
The number and names of all tenants authorized to occupy the rental unit if the same is then currently occupied.
8. 
Such other information as may be required by N.J.S.A. 46:8-28, as amended or supplemented, so that the registration certificate contains all information required to be disclosed thereby.
9. 
Such other information as may be prescribed by the Borough Housing Office.
b. 
Every person required to file a registration certificate pursuant to this section shall file an amended registration certificate 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 to the registration certificate. However, an amendment for the sole reason that tenancy in a rental unit has changed shall not be applicable to rental units that are motels, hotels, bed and breakfasts or rooming or boarding houses:
1. 
If the rental thereof is based upon a daily or weekly basis to transient or temporary renters; and,
2. 
The rental unit property is registered with the State of New Jersey.
c. 
Every landlord shall provide the occupant or tenant occupying a rental unit with a copy of the registration certificate required by this section. If there is an amended certificate, if filed, the landlord shall furnish each occupant or tenant with a copy of the amended certificate within seven days of the filing thereof. This particular provision shall not apply to any multiple dwelling, hotel, motel or rooming or boarding house registered with the State of New Jersey. This provision may be complied with by posting a copy of the registration certificate in a conspicuous place within the rental unit.
d. 
The Borough Housing Officer (as the designee of the Borough Clerk) shall index and file the registration certificate in a manner consistent with the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented, so that the filing of the registration certificate 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 section.
e. 
No rental unit shall be rented, leased or occupied unless:
1. 
The rental unit has been inspected and a certificate to occupy has been issued for the rental unit by the Housing Officer, in accordance with § 11-2, Housing Standards, and this section.
2. 
The prohibitions as contained in this subsection do not apply if the rental unit is a hotel, motel or rooming or boarding house, registered with the State of New Jersey, the rental unit has been inspected by the State and a validated certificate of registration for the rental unit has been issued by the State.
f. 
Registration Fee. Fee of $50 annually.
g. 
Late Registration Fee. A late fee of $100 shall be submitted with the registration fee for every registration application submitted 30 days after the due date specified in Subsection 11-5.3 herein.
h. 
No rental unit certificate shall be issued unless the real estate taxes, water charges and/or other municipal assessments or charges due to the Borough associated with the rental unit premises are paid current.
[Added 6-11-2025 by Ord. No. 2025-7]
a. 
License Required. No person shall operate a short-term rental without first obtaining a Short-Term Rental License from the Borough Housing Officer.
b. 
Application Requirements. Applicants must submit:
1. 
Proof of ownership or written authorization from the property owner.
2. 
Floor plan and description of the rental unit, including locations of all emergency exit routes.
3. 
Contact information for a responsible party located within the State of New Jersey who is available 24/7.
4. 
Certification of compliance with building and fire codes, including the number of smoke detectors and carbon detectors as required.
5. 
Proof of liability insurance with a minimum coverage of $500,000.
c. 
License Term and Renewal. Short-term rental license and Certificate of Occupancy shall be valid for one year and must be renewed annually by January 15 of each year. A Certificate of Occupancy inspection shall occur at this time.
d. 
Fees. The application fee for a short-term rental license shall be $250 with an annual renewal fee of $250.
[Added 6-11-2025 by Ord. No. 2025-7]
a. 
Occupancy Limits. The maximum number of occupants shall not exceed two persons per bedroom, with a total limit of six guests and shall not be rented to any person younger than 21 years of age.
b. 
Parking. Off-street parking must be provided at a ratio of at least one space per bedroom.
c. 
Noise and Nuisance Prohibition. Short-term rentals shall comply with Borough noise ordinances and shall not create a nuisance to neighbors.
d. 
Trash Disposal. Guests must adhere to the Borough's trash and recycling schedule, and all waste must be properly contained.
e. 
Posting of Rules. Property owners must post rental rules, fire emergency route, emergency contact information and local ordinances, inside the unit on the interior side of the main entrance.
f. 
Prohibited Uses. Short-term rentals shall not be used for commercial events, parties, or any activities prohibited by zoning regulations.
g. 
Advertisements. No signs or any other type of advertisement indicating a residential unit is available for occupancy as a short-term rental unit shall not be placed on the property where the short term rental unit is located.
[Ord. No. 2000-6 § 6; amended 9-11-2019 by Ord. No. 2019-6; 6-11-2025 by Ord. No. 2025-7]
a. 
In addition to any other penalty prescribed herein, a rental unit registration filed under this section may be subject to the revocation or suspension of the registration approved hereunder upon the happening of one or more of the following:
1. 
A finding that there was any misstatement of material fact in the registration certificate.
2. 
The occurrence of any fact which, had it occurred and been known before filing of the registration, would have resulted in the denial of the application.
3. 
Repeated violations, or prolonged failure to correct any violation, of any applicable building, housing, health or safety code or regulations, and/or failure to submit the registration fee in the time and manner required by Subsection 11-5.3 herein.
4. 
Refusal to allow access to any portion of the rental premises at all reasonable times, with or without advance notice, in order that officers or agents of the Borough, or any official charged with enforcement of any building, housing, health or safety code or regulations applicable to the rental unit premises, may determine compliance with such codes or regulations.
5. 
Revocation by the Department of Community Affairs of the operator's license or other authorization to operate, if the rental unit is a hotel, multiple dwelling or rooming or boarding house regulated by the State of New Jersey.
6. 
Notification by the Department of Community Affairs that the rental unit premises is not, or is no longer, suitable for operation, if the rental unit is a hotel, multiple dwelling, or rooming or boarding house regulated by the State of New Jersey.
7. 
Failure or refusal to comply with any lawful regulation or order of the Borough.
8. 
Conviction of a violation of this chapter in the municipal court or any other court of competent jurisdiction.
9. 
Determination of a violation of this section at a hearing held pursuant to Subsection 11-5.8b.
b. 
Procedure; Complaints; Hearings.
1. 
A complaint seeking the revocation or suspension of a registration or short-term rental unit may be filed by any person interested in the matter, or initiated directly by the Housing Officer. In the event that the complaint is initiated by a person other than the Housing Officer, the complaint shall be referred to the Housing Officer, who shall promptly review and investigate the matter. In the event that the Housing Officer's investigation indicates that there is not sufficient evidence or probable cause to justify further proceedings, the Housing Officer shall notify the complainant of such conclusion and the reasons therefor in writing, and the matter shall be concluded. In the event that the complaint is initiated directly by the Housing Officer, or in the event that a third party complaint is investigated and the Housing Officer determines that sufficient evidence or probable cause exists, and therefor further proceedings are warranted, the Housing Officer shall file the complaint with the Municipal Court Clerk on notice to the Borough Clerk.
2. 
Upon filing of such complaint with the Court Clerk, the Borough Council shall be immediately informed, and a date for a hearing shall be scheduled in accordance with the policies and procedures of the Municipal Court.
3. 
A failure to notify the Borough Clerk or Borough Council in accordance with this section shall not be a defense to a violation of this section nor grounds for dismissal of the complaint.
[Ord. No. 2000-6 § 8; Ord. No. 2014-8; amended 6-11-2025 by Ord. No. 2025-7]
Any person who violates any provision of this section shall, upon conviction, be liable to the minimum penalty of $250 or a fine not exceeding $2,000, with the exception of violation of failure to register or license short-term units shall be subject to a fine up to $250 per day for each day of violation.
[Ord. No. 2000-6 § 9; amended 6-11-2025 by Ord. No. 2025-7]
The Housing Officer shall perform an annual review of the process regulated by this section. A written report shall be submitted to the Borough Council which shall include, but not be limited to, the following information:
a. 
Number of landlords registered.
b. 
Number of Short-Term rental licenses issued.
c. 
Compliance with this section.
d. 
Suggestions for improvement and/or modifications of the regulations.
[Added 9-11-2024 by Ord. No. 2024-11]
a. 
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.
b. 
The owner, landlord and/or agent shall obtain an inspection through the Borough's designated vendor or by a private certified lead evaluation contractor.
[Added 9-11-2024 by Ord. No. 2024-11]
After the initial inspection required by Subsection 11-6.1, the owner, landlord and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection through the Borough's designated vendor or by a certified lead evaluation contractor, 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.
[Added 9-11-2024 by Ord. No. 2024-11]
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., as may be amended from time to time.
[Added 9-11-2024 by Ord. No. 2024-11]
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:
a. 
Has been certified to be free of lead-based paint; or
b. 
Was constructed during or after 1978; or
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 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.; or
d. 
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
e. 
Has a valid lead-safe certification issued in accordance with N.J.S.A. 52:27D-437.16(d)(2).
[Added 9-11-2024 by Ord. No. 2024-11; amended 3-12-2025 by Ord. No. 2025-3]
If no lead-based paint hazards are identified, then the Borough's designated vendor or owner's private lead inspector shall certify the dwelling as lead safe on a form prescribed by the Department of Community Affairs (DCA), which shall be valid for three years and shall be filed with the Borough's Housing Official. The Borough Housing Official shall maintain up-to-date information on inspection schedules, inspection results, tenant turnover and a record of all lead-free certifications issued pursuant to N.J.A.C. 5:17.
[Added 9-11-2024 by Ord. No. 2024-11]
a. 
If lead-based paint hazards are identified, then the owner of the dwelling shall remediate the hazards through abatement or lead-based paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d). Upon the remediation of the lead-based paint hazard, either the Borough's designated vendor or the owner's private lead inspector shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
b. 
If the Borough's Housing Official is informed that a lead-based paint hazard exists in a dwelling unit after an inspection by a certified lead evaluation contractor pursuant to this Chapter, then the Official 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.
[Added 9-11-2024 by Ord. No. 2024-11; amended 3-12-2025 by Ord. No. 2025-3]
If the Borough Housing Official receives a report from either the Borough or Private certified lead inspector showing there is no lead-based paint hazards exist in a dwelling unit upon conducting an inspection or following remediation of a lead-based paint hazard pursuant, then the Construction Code Official shall certify the dwelling unit as lead-safe on a form prescribed by the New Jersey 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 Construction Code Official pursuant to this section shall be valid for three years.
[Added 9-11-2024 by Ord. No. 2024-11]
In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall be responsible to do the following:
a. 
Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Borough of Elmer at the time of the cyclical inspection, unless not required due to being an exemption.
b. 
Provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease.
c. 
Maintain a record of the lead-safe certification, which shall include the name or names of the unit's tenant or tenants if the inspection was conducted during a period of tenancy.
[Added 9-11-2024 by Ord. No. 2024-11]
a. 
A fee in the amount of $50 shall be paid for the filing of a lead-safe certification or lead-free certification.
b. 
An additional state required fee in the amount of $20 shall be collected and deposited into the Lead Hazard Control Assistance Fund.
c. 
If the owner chooses to utilize the Borough certified lead inspector vendor, fess shall be assessed based on a contract with the vendor and the Borough, which the owner shall be required to pay.
[Added 9-11-2024 by Ord. No. 2024-11]
The Borough and the Housing Official 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 Chapter. If the Borough or the Housing Official 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 Chapter 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.