[Adopted 3-1-2023 by Ord. No. 2023-01]
As used in this article, the following terms shall have the meanings indicated:
ABATEMENT
A series of measures designed to permanently eliminate lead-based paint hazards.
INTERIM CONTROLS
A set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards.
VISUAL ASSESSMENT
An examination of all painted building components for deteriorated paint or visible surface dust, debris, or residue.
A. 
Initial inspection. The Code Enforcement Officer or his designee shall inspect every single-family, two-family, and multiple dwelling offered for rent and located within the Borough for lead-based paint hazards at tenant turnover or by July 2, 2024, whichever is later.
B. 
Required recurring inspection. Following the initial inspection, all such units shall be inspected for lead-based paint hazards every three years or upon 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.
C. 
If no lead-based paint hazards are identified, the Code Enforcement Officer shall certify the dwelling as lead safe on a form prescribed by the Department of Community Affairs which shall be valid for two years and filed with the Office of Code Enforcement.
D. 
If lead-based paint hazards are identified:
(1) 
The owner of the dwelling unit shall remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods in accordance with the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.1 et seq.
(2) 
Following the completion of the abatement, the Code Enforcement Officer shall conduct an additional inspection to certify that the hazard no longer exists. There shall be an additional $40 fee for the additional inspection.
Notwithstanding the requirements of § 179-8, 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. 
Single- and two-family seasonal rental dwellings which are rented for less than six months' duration to tenants that do not have consecutive lease renewals.
D. 
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.
A. 
For all inspections under this article, a fee shall be paid of $40. Said fee shall be dedicated to meeting the costs of implementing and enforcing this article and shall not be used for any other purpose.
B. 
A property owner may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirement of § 179-8 in which case no additional lead-based paint inspection fee shall be paid.
A. 
If a property owner has failed to conduct the required inspection or initiate any abatement efforts, the property owner shall be given 30 days to cure the violation.
B. 
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.