[HISTORY: Adopted by the Township Committee of the Township of Elsinboro 11-7-1977 by Ord. No. 77-9. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person, firm or corporation managing, conducting or operating a dwelling unit shall rent, lease, let out or permit it to be occupied or shall re-rent the same, nor shall any person, firm or corporation purchasing or acquiring a dwelling unit, in any manner, occupy a dwelling unit or permit it to be occupied by others without first securing a certificate of occupancy from the Township Housing Officer.
In order to be eligible for a certificate of occupancy, each dwelling unit must comply with all ordinances of the Township of Elsinboro now in existence or hereafter enacted pertaining to building, plumbing, electrical, zoning, health and safety, fire or fire prevention, and minimum housing standards, and all departmental regulations established pursuant to said ordinances and laws.
A "dwelling unit" is a room or group of rooms which form a single habitable unit with facilities for living, sleeping, cooking and eating.
[Added 10-3-2022 by Ord. No. 2022-04; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Pursuant to the passage of the New Jersey Lead-Based Paint Inspection Law (P.L. 2021, c. 182),[1] all single-family, duplex, or multifamily rental dwelling units built before 1979 must be inspected for lead-based paint hazards during a turnover or within two years of July 22, 2022, whichever is first. After the initial inspection, the rental unit is required to be inspected every three years or upon subsequent tenant turnover, whichever is earlier, but not sooner than two years. The landlord is responsible for the cost of inspection to obtain the certificate. The landlord is further responsible for all costs to remediate any hazards identified within 30 days of inspection. Failure to do so will result in a fine of up to $1,000 per week until the required inspection has been conducted or the remediation efforts have been initiated. If the landlord has already obtained a lead-free certificate from a State of New Jersey approved and licensed lead inspector, the property is exempt upon providing the lead-free certificate to the Township Housing Officer. No certificate of occupancy for a home built before 1979 can be issued without an inspection certificate (lead-safe or lead-free) from a State of New Jersey approved and licensed lead inspector. Failure to obtain a lead-safe or lead-free certificate within the time frames listed in the Lead-Based Paint Inspection Law, P.L. 2021, c. 182, will result in a previously issued certificate of occupancy being revoked. As per the Lead-Based Paint Inspection Law, P.L. 2021, c. 182, the Township is required to hire a Department of Community Affairs (DCA)-approved lead inspector to perform inspections if the landlord does not wish to hire their own DCA-approved lead inspector. All fees associated with inspection are the full responsibility of the landlord and must be paid in full with proof of payment before any certificate of occupancy will be issued.
[1]
Editor's Note: See N.J.S.A. 52:27D–437.16 et seq.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Except where another penalty is provided, any person, firm or corporation violating any of the terms of this chapter shall, upon conviction thereof, be subject to fine not in excess of $200, or imprisonment for not over 90 days, or both, at the discretion of the Municipal Judge.