[HISTORY: Adopted by the City Council of the City of Passaic
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-21-2023 by Ord. No. 2386-23[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
189, but was redesignated in order to adhere to the alphabetical sequence
of the Code Table of Contents.
As used in this article, the following terms shall have the
meanings indicated:
A real estate development or neighborhood in which the property
is burdened by servitudes requiring property owners to contribute
to maintenance of commonly held property or to pay dues or assessments
to an owners' association that provides services or facilities
to the community.
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.
A person certified by the Department of Community Affairs
to perform lead inspection and risk assessment work pursuant to N.J.A.C.
5:17-1.1 et seq. This includes the ability to perform dust wipe sampling.
Any condition that causes exposure to lead from lead-contaminated
dust or lead-contaminated paint that is deteriorated or present in
surfaces that would result in adverse human health effects.
A certification which confirms that a lead-based paint inspection
was performed and that no lead-based paint exists in the dwelling
unit or that all lead-based paint hazards have been fully abated.
Lead-free certifications are established and issued by a lead abatement
contractor.
A certification which confirms that a lead-based paint inspection
was performed and no lead-based paint hazards were found. This certification
is valid for two years from the date of issuance. This certification
is supplied by the City of Passaic or the lead evaluation contractor,
whichever entity performed the inspection.
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.
A person that is certified to perform a visual assessment.
A.
A lead inspector for the City of Passaic shall inspect every single-family,
two-family, and multiple rental dwelling located in the City of Passaic
for lead-based paint hazards through a visual assessment in accordance
with N.J.S.A 52:27D-437.16 et seq., as may be amended time to time.
B.
The City of Passaic shall exempt the following rental dwelling units
from this chapter:
(1)
Has been certified to be free of lead-based paint;
(2)
Was constructed during or after 1978;
(3)
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 from the most recent cyclical inspection performed
on the multiple dwelling under the "Hotel and Multiple Dwelling Law,"
P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.);
(4)
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 has a valid lead-safe certification.
C.
The property owner or landlord, in lieu of having the dwelling inspected
by the City inspector, 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 § 189-2A.
(1)
If no lead-based paint hazards exist in a dwelling unit upon conducting
an inspection pursuant to this section or following remediation of
a lead-based paint hazard, then the lead evaluation contractor shall
certify the dwelling unit as lead-safe. Lead-safe certificates are
valid for two years.
(2)
If lead-based paint hazards are identified, not associated with a
childhood EBL, then the owner of the dwelling shall remediate the
lead-based paint hazards through abatement or lead-based paint hazard
control mechanisms approved in accordance with the provisions of the
"Lead Hazard Control Assistance Act," P.L. 2003, c. 311 (N.J.S.A.
52:27D-437.1 et al.). If a lead evaluation contractor finds that a
lead-based paint hazard exists in a dwelling unit upon conducting
an inspection pursuant to this section, then the lead evaluation contractor
shall notify the Commissioner of Community Affairs. Upon the remediation
of the lead-based paint hazard, the lead evaluator contractor shall
conduct an additional inspection of the unit to certify that the hazard
no longer exists.
D.
Every single-family, two-family, and multiple rental dwelling located
within the City of Passaic shall be inspected at tenant turnover for
lead-based paint hazards or within two years of the effective date
of P.L. 2021, c. 182 (N.J.S.A. 52:27D-437.16 et al.), 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.
E.
In accordance with N.J.S.A. 52:27D-437.16e, the property owner or
landlord shall provide evidence of a valid lead-safe certification
and the most recent tenant turnover to the City of Passaic at the
time of the cyclical inspection.
(1)
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.
(2)
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.
A.
Per unit fee for filing the lead-safe certification inspected by
a certified lead evaluation contractor directly hired by the landlord/owner
shall be:
(1)
Department of Community Affairs fee of $20 per unit for the purposes
of the "Lead Hazard Control Assistance Act," P.L. 2003, c. 311 (N.J.S.A.
52:27D-437.1 et al.) concerning lead hazard control work, unless the
unit owner demonstrates that the Department of Community Affairs has
already assessed an additional inspection fee of $20 pursuant to the
provisions of § 10 of P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.10);
(2)
City of Passaic administration fee of $25 per unit for single-and
two-family rental dwellings and a fee of $10 per unit for all other
multiple rental dwellings;
(3)
In a common interest community, any inspection fee charged shall
be the responsibility of the unit owner not the homeowner's association,
unless the association is the owner of the unit.
B.
Per unit fee for filing the lead-safe certification inspected through
the City of Passaic shall be:
(1)
Department of Community Affairs fee of $20 per unit for the purposes
of the "Lead Hazard Control Assistance Act," P.L. 2003, c. 311 (N.J.S.A.
52:27D-437.1 et al.) concerning lead hazard control work, unless the
unit owner demonstrates that the Department of Community Affairs has
already assessed an additional inspection fee of $20 pursuant to the
provisions of § 10 of P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.10);
(2)
City of Passaic administration fee of $25 per unit for single-and
two-family rental dwellings and a fee of $10 per unit for all other
multiple rental dwellings;
(3)
Visual assessment inspection fee of $150 per unit;
(4)
Visual assessment and dust wipe sampling inspection fee of $600 per
unit;
(5)
Re-inspection fee of $600 per unit;
(6)
Failure to provide access or no-show fee of $300 per unit per attempt;
(7)
In a common interest community, any inspection fee charged shall
be the responsibility of the unit owner not the homeowner's association,
unless the association is the owner of the unit.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for
a violation of this code shall be as follows:
A.
The property owner shall be given 30 days to cure any violation by
conducting the required inspection or initiate any required remediation
efforts.
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.
