[Ord. No. 1-12, adopted 2-27-2012]
The Borough of Ogdensburg, pursuant to N.J.S.A. 51:27D et seq.
and N.J.S.A.C. 5:23-4.3, hereby relinquishes its jurisdiction of the
administration and enforcement of the Uniform Construction Code and
hereby transfers jurisdiction for the administration and enforcement
of the Uniform Construction Code to the Department of Community Affairs
of the State of New Jersey. The transfer of jurisdiction pursuant
to this section shall not take effect until the expiration of 120
calendar days from the date of certified copy of this section is forwarded
to the Department of Community Affairs or until the Department of
Community Affairs shall exercise its jurisdiction to enforce the Uniform
Construction Code, whichever is sooner.
[Ord. No. 1-12]
The Borough of Ogdensburg shall deliver and make available to
the Department of Community Affairs any and all records and files
of the municipality necessary for the Department to carry out its
function, and the Department is hereby authorized to transfer such
records and files to a location designated by the Department.
[1976 Code § 8-1.5]
A certificate from the Borough Sanitarian to the effect that
a satisfactory percolation test has been made shall be presented to
the Construction Official before a building permit shall be issued
for any building or structure on any lot in any case in which sewage
is required or necessary to be used in connection with such building
or structure.
[1976 Code § 8-1.15]
All new residential buildings or structures requiring sewage
disposal shall be equipped with and serviced by an approved sewage
disposal system complying with State and local health codes and ordinances.
[1976 Code § 8-1.16]
The provisions of this section shall apply to all dwellings
and structures used for living quarters whether previously constructed
outside or inside the Borough limits and moved herein, or manufactured
either in or out of the Borough limits and being of the type and design
known generally as prefabricated homes or dwellings, or whether commonly
known as mobile home units or trailers which shall be moved into the
Borough either in whole or in parts and thereafter placed together
provided, however, that any units known as mobile home units or trailers
which are placed on wheels and which come under the provisions of
the ordinance of the Borough governing trailers or mobile home units
are excepted from the provisions of this section.
[1976 Code § 8-1.10]
No person shall erect or construct or proceed with the erection
or construction of, any building or structure, nor shall any person
add to, enlarge or alter any building or structure covered by this
chapter or cause the same to be done, without first obtaining a construction
permit.
a.
Any person desiring a construction permit shall file an application
therefor in writing on blank forms to be furnished for that purpose.
b.
Plans for the building or structure shall be submitted in duplicate
by the applicant showing the plot plan, and design of, and specifications
for the building which plans shall be approved before proceeding with
any construction. One copy of the plans shall be kept on file with
the Borough.
c.
No construction of any building or structure shall be commenced until
the applicant for a permit or his agent shall have posted a construction
permit in a conspicuous place on the front portion of the structure.
The permit shall be maintained until final inspection and a certificate
of occupancy has been issued for the structure.
d.
All permits shall expire one year from the date of issuance stated
in the permit, and if the building or structure for which a permit
has been issued has not been completed within that time, a new application
shall be submitted for the completion thereof.
e.
Each application for a construction permit shall be accompanied by
a fee.
f.
No excavation for the construction of any building or structure shall
be effected until at least 10 days' prior notice has been furnished
by the owner or other person on behalf of the owner to the Borough
Clerk and the Construction Official of the intention to make such
excavation. Such notice shall be in writing and shall describe the
lot or parcel of premises on which the excavation is intended in order
that the appropriate Borough officials may properly identify the same.
A construction permit shall not be issued for building on any premises
until proof of the service of notice required herein has been furnished.
[1976 Code § 8-1.10]
The Construction Official is authorized to enter and inspect
any building described in any application for a construction permit
at any time until final approval has been made by the Construction
Official and a certificate of occupancy issued by him therefor.
[1976 Code § 8-1.11; Ord. No. 5-88]
No person shall occupy, rent, lease or transfer title to, or
suffer the occupancy of or the letting of, or allow any person to
live in or upon or inhabit as a tenant or tenants or occupants or
to occupy or do business in as a new owner or co-tenants or co-owner,
any dwelling house or houses or dwelling units or commercial building
or commercial premises within the confines of the Borough unless and
until that person shall have first obtained from the Construction
Official or his agent a certificate of inspection permitting occupancy
and permit authorizing any of the foregoing when any of the foregoing
shall take place subsequent to January 1, 1988. Transfers of title
may take place after application of a certificate of inspection for
occupancy, but not occupancy shall be permitted until all items designated
for correction by the Construction Official or his agent are made
and completed, except as hereinafter provided.
[1976 Code § 8-1.11; Ord. No. 5-88]
The provision of subsection 11-5.1 above, shall apply with equal force and effect to any and all new and additional lettings, tenants, transfer of title or premises, or any part thereof, and occupancies of any dwelling house or houses or dwelling units, commercial building or commercial premises, within the Borough. Upon vacating of same by any of the foregoing as may hereafter occur, whether the reoccupancy is by virtue of transfer of title of the dwelling house or houses or dwelling unit or dwelling units or by virtue of rental of any of the foregoing or by virtue of any action not specifically herein enumerated, the foregoing requirements for subsection 11-5.1 shall be effective whether the occupancy, rental, lease or transfer of title is temporary, seasonal or permanent, or whether or not for a consideration.
[1976 Code § 8-1.11; Ord. No. 5-88]
As used in this section:
Shall mean and include, but is not limited to, any and all
buildings used or formerly used for business purposes.
Shall mean and include, but is not limited to, any and all
premises used or formerly used for business purposes.
Shall mean a building or structure or part thereof containing
one or more dwelling units or lodging units.
Shall mean any room or group of rooms or any part thereof
located within a building and forming a single habitable unit with
facilities which are used, or designed to be used for living, sleeping,
cooking, and eating.
[1976 Code § 8-1.11; Ord. No. 5-88]
Nothing contained in this section shall exempt any of the dwellings
or buildings, or parts of buildings, covered by this chapter from
full and complete compliance with any other provisions of any other
ordinance or ordinances of the Borough as the same may be applicable.
[1976 Code § 8-1.11; Ord. No. 5-88]
Prior to the rental, transfer of title or occupancy of any dwelling house or houses or any dwelling unit or units provided for in this section, application for certificate of inspection permitting occupancy shall be made in writing to the Construction Official or his agent of the Borough by that person, persons, firm or corporation, agent, servant or representative as set forth in subsection 11-5.1 and consent is given therewith unto the Construction Official or his agent to enter upon and examine the building or buildings wherein the same may be situate, for which the application is applied for, so that the Construction Official or his agent may determine whether or not the dwelling unit or units and the building wherein the same may be situate fully comply with all municipal ordinances and rules and regulations affecting the use and occupancy of all such dwelling houses and dwelling units and structures. No certificate of inspection permitting occupancy shall be issued unless there is full and complete compliance with all of the foregoing, unless otherwise specified in writing by the Construction Official or his agent.
[1976 Code § 8-1.11; Ord. No. 5-88; New]
Any person including any real estate broker or real estate agent or any representative, servant or employee of any of the foregoing, who in any manner fails to fully comply with the terms and covenants of this section and who is part of any transaction resulting in the violations of any of the terms and provisions of this section shall be deemed to have violated the terms and provisions of this section and is subject, upon conviction, to the penalties provided in Chapter 1, Section 1-5 for violation of the same, unless and until a certificate of inspection permitting occupancy as aforesaid shall have been issued.
All violations of this section by any person or agents or servants
or representatives as providing herein, whether the person is the
owner of the premises, the agent of any party as aforesaid or the
tenant or the occupant or occupants, shall be deemed separate and
distinct violations for each and every day that the violation may
continue, and all parties violating this chapter shall be deemed jointly
and severally liable for any and all such violations.
[1976 Code § 8-1.11; Ord. No. 5-88; New]
A certificate of inspection permitting occupancy to be issued
under the terms of this section shall be issued solely by the Construction
Official or his agent without the necessity of approval therefor by
the Governing Body. The fee for issuance of such certificate as provided
for herein shall be $50.
[1976 Code § 8-1.11; Ord. No. 5-88]
All buildings or structures or dwelling houses or dwelling units
for which application shall have been filed by virtue of this section
shall fully comply with all other municipal ordinances or requisite
municipal requirements for the structures or units. The Construction
Official or his agent shall be required to specify the corrections
to be made to the premises for the certificates to be issued.
[1976 Code § 8-1.11; Ord. No. 5-88]
All owners or renting agents of real estate of person or persons
applying for a certificate as provided herein shall advise the Construction
Official or his agent of a reasonable time or times that the inspection
may be made and have someone present to assist and provide entry for
the inspection purposes. The Construction Official and his agent shall
comply with the request and application within a reasonable time after
entry is provided and, when proper, shall issue the certificate within
a reasonable time thereafter.
[1976 Code § 8-1.11; Ord. No. 5-88 § 1]
No tenant, owner or occupant shall sublease, sublet, transfer
title (except as heretofore provided), permit the use of the occupancy
of the dwelling house, dwelling unit or structure provided for herein
without following the procedures set forth and required by this section,
nor shall any real estate broker or agent or representative of any
of the foregoing permit any violation of this section.
[1976 Code § 8-2.1]
As used in this section:
Shall mean any building or structure or part thereof, whether
used for human habitation or otherwise, and includes any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
Shall mean the holder or holders of title in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
Shall mean any housing authority or any officer who is in
charge of any department or branch of the government of the Borough,
County, or State relating to health, fire, building regulation, or
to other activities concerning buildings in the municipality.
Shall mean the officer authorized by this section to exercise
the powers herein prescribed.
[1976 Code § 8-2.2]
The Construction Official of the Borough is hereby designated
and appointed to exercise the powers prescribed by this section and
is hereinafter called the Public Officer.
[1976 Code § 8-2.3]
Any building within the Borough is hereby declared to be unfit
for human habitation or occupancy or use if conditions exist in such
building which are dangerous or injurious to the health or safety
of the occupants of such building, the occupants of neighboring buildings,
or other residents of the Borough, including without limiting the
generality of the foregoing, defects therein increasing the hazards
of fire, accident or other calamities, lack of adequate ventilation,
light or sanitary facilities, dilapidation, disrepair, structural
defects, uncleanliness, or failure to conform to other laws of the
State of New Jersey ordinances of the Borough or of the Borough Board
of Health regulating the safety and sanitation of buildings.
[1976 Code § 8-2.4]
Whenever a petition is filed with the Public Officer by a public
authority or by not less than five residents of the Borough charging
that any building is unfit for human habitation or occupancy or use,
or whenever it appears to the public officer (on his own motion) that
any building is unfit for human habitation or occupancy or use, the
Public Officer shall, if his preliminary investigation discloses a
basis for such charges, issue and cause to be served upon the owner
of and parties in interest of such building a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the Public Officer (or his designated agent) at a place
therein fixed not less than 10 days nor more than 30 days after serving
of the complaint.
[1976 Code § 8-2.5]
Complaints or orders issued by a Public Officer pursuant to
this section shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the Public Office in the exercise
of reasonable diligence, and the Public Officer shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons may be made by publishing the same once each week for two
successive weeks in the official newspaper of the Borough. A copy
of such complaint or order shall be posted in a conspicuous place
on the premises affected by the complaint or order. A copy of such
complaint or order shall also be duly recorded or lodged for record
with the County Clerk of Sussex County.
[1976 Code § 8-2.6]
The owner and parties in interest shall have the right to file
an answer to the complaint and to appear in person or by attorney
and give testimony at the place and time fixed in the notice of hearing.
[1976 Code § 8-2.7]
The rules of evidence prevailing in courts of law or equity
shall not be controlling in hearings before the Public Officer except
as may otherwise be provided by law.
At the time and place stated in the notice, or at such time
and place to which the hearings shall be adjourned, the Public Officer
shall hold a hearing at which complainants, if any, and the owner
and parties in interest and witnesses shall be heard, and at which
time the Public Officer shall publicly state the results of his investigation.
[1976 Code § 8-2.8]
If, after such notice and hearing, the Public Officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state in writing his findings of fact
in support of such determination and shall issue and cause to be served
upon the owner thereof and parties in interest an order:
a.
Requiring the repair, alteration or improvement of the building to
be made by the owner, within a reasonable time, which time shall be
set forth in the order, or, at the option of the owner, to vacate
or have the building vacated and closed within the time set forth
in the order.
b.
If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises and the owner
fails to repair, alter or improve the building within the time specified
in the order, then the owner shall be required to remove or demolish
the building within a reasonable time as specified in the order of
removal.
[1976 Code § 8-2.9]
If the owner fails to comply with an order so issued by the
Public Officer to repair, alter or improve or, at the option of the
owner, to vacate and close the building, the Public Officer may cause
such building to be repaired, altered or improved, or to be vacated
and closed; the Public Officer may cause to be posted on the main
entrance of any dwelling so closed a placard with the following words:
"This building is unfit for human habitation, or occupancy or use;
the use or occupancy of this building is prohibited and unlawful."
[1976 Code § 8-2.10]
If the owner fails to comply with an order to remove or demolish
the dwelling the Public Officer may cause such dwelling to be removed
or demolished.
[1976 Code § 8-2.11]
The amount of such cost of such repairs, alterations or improvements,
or vacating or closing, or removal or demolition, shall be a municipal
lien against the real property against which such cost was incurred.
A detailed statement of the aforesaid costs shall be filed with the
municipal tax assessor or other custodian of the record of tax liens,
and a copy of the statement shall be forthwith forwarded to the owner
by registered mail. If the building is removed or demolished by the
Public Officer he shall sell the materials of such building and shall
credit the proceeds of such sale against the cost of the removal or
demolition, and any balance remaining shall be deposited in the Superior
Court by the Public Officer, shall be secured in such manner as may
be directed by such court, and shall be dispersed according to the
order or judgment of the court to the persons found to be entitled
thereto by final order or judgment of such court; provided, however,
that nothing in this section shall be construed to impair or limit
in any way the power of the Borough to define and declare nuisances
and cause the removal or abatement of same by summary proceedings
or otherwise. Any owner or party in interest may, within 60 days from
the date of the filing of the lien certificate, proceed in a summary
manner in the Superior Court to contest the reasonableness of the
amount or the accuracy of the costs set forth in the municipal lien.
[1976 Code § 8-2.12]
In addition to the powers of this section granted to the Public
Officer, he shall also have the following powers:
a.
To investigate the building conditions of the Borough in order to
determine which buildings therein are unfit for human habitation or
occupancy or use.
b.
To administer oaths, affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making investigations,
provided that such entry shall be made in such manner as to cause
the least possible inconvenience to the persons in possession.
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this section.
e.
To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
[1976 Code § 8-2.13]
The failure, neglect or refusal of any person to comply with
any order made by the Public Officer pursuant to the provisions hereof,
or the hindrance by any person of the Public Officer in making any
investigation under this section, shall constitute a violation of
this section.
[1976 Code § 8-2.14; New]
This section is adopted pursuant to the provisions of N.J.S.A.
40:48-2.3 et seq., and after the adoption by the Borough Council of
a resolution finding that there are buildings in the Borough unfit
for human habitation or occupancy or use due to dilapidation, defects,
increasing the hazards of fire, accidents or other calamities, lack
of ventilation, light or sanitary facilities, and other conditions
rendering such buildings unsafe or unsanitary or dangerous or detrimental
to the health or safety, and otherwise inimical to the welfare of
the residents of this Borough.
[1976 Code § 8-3.1]
There is hereby adopted a system of numbering all buildings
and lots of land in the Borough. Pursuant thereto, the Borough Engineer
shall prepare a system to numbering which shall provide for official
numbers to be assigned for each building and lot of land in the Borough.
A schedule of the official numbers assigned for each building and
lot on each street in the Borough shall be filed and kept with the
Borough Clerk and with the Tax Assessor and the numbers shall be further
placed upon the tax map of the Borough.
[1976 Code § 8-3; New]
It shall be the duty of every owner of a building to cause to be affixed and displayed on or in front of the building, the street number assigned to the building or lot as indicated in the schedule mentioned in subsection 11-7.1. Such affixed number shall be maintained at all times in compliance with the provisions of this section.
The purpose of this subsection is to insure that buildings in
the Borough have been incorporated within the numbering system of
the Borough and may be so identified by emergency vehicles.
[1976 Code § 8-3.3; New]
All structures which have been assigned a street number from
the Tax Assessor's office shall display such numbers in such a manner
that they may be readily visible from the street to individuals driving
the legal speed limit of such street, to both directions of traffic.
Specifically, no numbers shall be less than three inches in height
nor less than 1 1/2 inches in width and will be black on a light
background or white on a dark background. They shall be displayed
on a free standing post, fence post, mailbox, lamp post, or similar
structure at the right or left side of the driveway or pedestrian
walkway to the residence. Such structure must be within 10 feet of
the driveway/walkway and within 10 feet of the roadway. All businesses
shall have the aforementioned numbers displayed on the front wall
of the building. Brass or metallic numbers, alpha character, and Roman
Numerals are not to be used to satisfy this requirement but may be
used as a secondary means of identification at the discretion of the
homeowner or business owner.
[1976 Code § 8-3.4]
The owner of any newly erected building shall, within 30 days after such building is ready for occupancy, obtain the appropriate assigned and designated number from the Tax Assessor and affix and display the number in accordance with the provisions of subsection 11-5.2.
[New]
[1976 Code § 8-1.8]
No building shall be erected upon any lot or parcel of land
which does not adjoin an existing public street or road or street
laid out on a map approved by the Borough, unless the applicant for
a building permit therefor has filed with the Borough Clerk a performance
bond in an amount determined by the Borough Engineer to be equivalent
to the cost of constructing a roadway in accordance with the road
acceptance standards of the Borough from any such existing or approved
street or road of the Borough to the location of the structure involved.
[Added 7-24-2023 by Ord.
No. 10-2023]
The following terms shall have the meanings indicated below
pursuant to N.J.S.A. 52:27D-437.16 as may be amended and which is
incorporated by reference.
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.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
[Added 7-24-2023 by Ord.
No. 10-2023]
Subject to the exceptions set forth in this section, the Construction
Code Official, a designee, or a certified lead evaluation contractor
hired by the Borough shall inspect every single-family, two-family,
and multiple rental dwelling located within the Borough 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 section. The Borough shall charge the dwelling
owner or landlord, and the dwelling owner or landlord shall pay the
Borough in advance of any inspection, a fee sufficient to cover the
cost to the Borough of the inspection, which shall be dedicated to
meeting the costs of implementing and enforcing this section.
[Added 7-24-2023 by Ord.
No. 10-2023]
The dwelling owner or landlord may directly hire a lead evaluation contractor who is certified to provide lead paint inspection services by the New Jersey Department of Community Affairs to satisfy the requirements of subsection 11-9.2 instead of the Borough conducting the inspection. In the event that a dwelling owner or landlord directly hires such a lead evaluation contractor, the term "Construction Code Official" shall also mean and include such lead evaluation contractor for purposes of this section (except for the purposes of subsection 11-9.13).
[Added 7-24-2023 by Ord.
No. 10-2023]
The Construction Code Official, designee, or certified lead
evaluation contractor responsible for inspecting single-family, two-family,
and multiple rental dwellings pursuant to this section may consult
with the local health board, the State of New Jersey Department of
Health, and/or the State of New Jersey 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.
[Added 7-24-2023 by Ord.
No. 10-2023]
Notwithstanding any language in subsection 11-9.2 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 State
of New Jersey 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 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 this
Section.
[Added 7-24-2023 by Ord.
No. 10-2023]
If the Construction Code Official, designee, or certified lead evaluation contractor finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to subsection 11-9.2, 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 al.). Upon the remediation of the lead-based paint hazard, the Construction Code Official, designee, or certified lead evaluation contractor shall conduct an additional inspection of the unit to certify that the hazard no longer exists. The Construction Code Official shall charge an additional fee sufficient to cover the cost to the Borough for such additional inspection.
[Added 7-24-2023 by Ord.
No. 10-2023]
If the Construction Code Official, designee, or certified lead evaluation contractor finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to subsection 11-9.2 or following remediation of a lead-based paint hazard pursuant to subsection 11-9.6, then the Construction Code Official, designee, or certified lead evaluation contractor 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, designee, or certified lead evaluation contractor shall be valid for two years.
[Added 7-24-2023 by Ord.
No. 10-2023]
Beginning on July 22, 2024, property owners shall:
a.
Provide evidence of a valid lead-safe certification obtained pursuant to this section as well as evidence of the most recent tenant turnover at the time of the cyclical inspection carried out under the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A1, et seq.), unless not required to have had an inspection by the Construction Code Official, designee, or certified lead evaluation contractor pursuant to paragraphs a, b, or c of subsection 11-9.5;
b.
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 the Construction Code Official, designee, or certified lead evaluation contractor pursuant to paragraphs a, b, c, and d of subsection 11-9.5, and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and
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, unless not required to have had an inspection by the Construction Code Official, designee, or certified lead evaluation contractor pursuant to paragraphs a, b, c, and d of subsection 11-9.5.
[Added 7-24-2023 by Ord.
No. 10-2023]
If the Construction Code Official, designee, or certified lead
evaluation finds that a lead-based paint hazard exists in a dwelling
unit upon conducting an inspection pursuant to this section, then
the inspector 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 7-24-2023 by Ord.
No. 10-2023]
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 Construction Code Official, designee, or certified
lead evaluation contractor 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 Constriction
Code Official may charge an additional fee sufficient to cover the
cost to the Borough of the inspection.
[Added 7-24-2023 by Ord.
No. 10-2023]
In addition to the fees charged for inspection of rental housing
as set forth in this section, the Borough shall assess an additional
fee of $20 per unit inspected for the purposes of the Lead Hazard
Control Assistance Act (N.J.S.A. 52:27D-437.1, et seq.) concerning
lead hazard control work, 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.
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 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.
[Added 7-24-2023 by Ord.
No. 10-2023]
a.
If less than 3% of children tested in the Borough, six years of age
or younger, have a blood lead level greater than or equal to five
ug/dL, according to the central lead screening database maintained
by the State of New Jersey Department of Health pursuant to N.J.S.A.
26:2-137.6, or according to other data deemed appropriate by the commissioner
(as such term is used in and for the purposes of N.J.S.A. 52:27D-437.16),
then the Construction Code Official, designee, or certified lead evaluation
contractor may inspect a dwelling located therein for lead-based paint
hazards through visual assessment.
b.
If at least 3% of children tested, six years of age or younger, have
a blood lead level greater than or equal to five ug/dL, according
to the central lead screening database maintained by the State of
new Jersey Department of Health pursuant to section 5 of P.L. 1995,
c. 328 (C.26:2-137.6), or according to other data deemed appropriate
by the commissioner, then the Construction Code Official, designee,
or certified lead evaluation contractor shall inspect a dwelling located
therein through dust wipe sampling.
c.
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 Construction Code Official, designee, or certified lead evaluation
contractor 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 Construction
Code Official may charge fees in accordance with this section for
such additional inspections.
[Added 7-24-2023 by Ord.
No. 10-2023]
The Borough and the Construction Code Official, designee, or
certified lead evaluation contractor 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 section. If
the Borough or the inspector 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 section 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.
