[Added 10-10-2023 by Ord. No. 2023-14]
Unless specifically outlined below, a code defining and authorizing the periodic inspection of premises by an enforcing official concerning lead-based paint, compelling residents to abate identified lead hazards, explaining the relevant procedures, and, prescribing penalties for failure to address violations in a timely matter is hereby established in accordance with Chapter P.L. 2021, c. 182[1] and N.J.A.C. 5:28A et seq.
[1]
Editor's Note: N.J.S.A. 52:27D-437.16.
[Added 10-10-2023 by Ord. No. 2023-14]
Said code established and adopted by this chapter is described and commonly known as N.J.A.C. 5:28A Lead-Based Paint Inspections in Rental Dwellings.
[Added 10-10-2023 by Ord. No. 2023-14]
Three copies of said N.J.A.C. 5:28A Lead-Based Paint Inspections in Rental Dwellings, have been placed on file in the office of the Borough Clerk upon the introduction of this chapter and will remain on file there for use and examination by the public.
[Added 10-10-2023 by Ord. No. 2023-14]
a. 
The dwelling owner, landlord, or agent of a single-family, two-family, and/or multiple rental dwelling property located within the Borough shall register such rental dwelling with the Borough by completing, providing all information called for by, and signing a form prescribed by the Code Enforcement Officer and filing such completed and signed form with the Code Enforcement Officer within two weeks after the effective date of this chapter or on or before the date that such owner takes title to such rental dwelling. The Code Enforcement Officer shall maintain all such completed and signed forms in his or her office.
b. 
Subject to paragraph C of this subsection, the Code Enforcement Officer and/or such individuals or organizations empowered through appointment shall inspect every single-family, two-family, and multiple rental dwelling located within the Borough at tenant turnover for lead-based paint hazards or within two years of the effective date of N.J.S.A. 52: 27D-437.16 et seq., 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.
c. 
The dwelling owner, landlord, or agent of a rental property may 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 paragraph b of this subsection in lieu of the municipal inspection contemplated by paragraph b. In the event that a dwelling owner or landlord directly hires such a lead evaluation contractor to satisfy inspection needs as outlined herein, copies of all subsequential results, reports, and/or certificates must be provided to the Code Enforcement Officer as part of the established registration application.
[Added 10-10-2023 by Ord. No. 2023-14]
Fees for a lead-based paint inspection shall be set via rates established by Chapter 10: "Lead-Based Paint Inspections" of the Administrative Code of the Monmouth County Regional Health Commission No. 1.
[Added 10-10-2023 by Ord. No. 2023-14]
All property owners and/or business of rental dwellings that meet the provision of the aforesaid code of this chapter and regulations referenced therein must abate their rental dwelling(s) upon identification and notice of lead hazard(s) that were discovered as a result of observations made during a lead-based paint inspection. The abatement of lead hazards must conform to regulations found within N.J.A.C. 5:28A and N.J.A.C. 5:17, which encompasses and/or outlines protocols for lead abatement and clearance.
[Added 10-10-2023 by Ord. No. 2023-14]
This chapter may be enforced by and in the name of the Monmouth County Regional Health Commission No. 1 and/or the Borough with the assistance of the Code Enforcement Officer by proceedings instituted and prosecuted in a court having jurisdiction of such proceedings within the Borough.
[Added 10-10-2023 by Ord. No. 2023-14]
If a dwelling owner fails to comply with any provision of this chapter or the requirements of P.L. 2021, c. 182 and N.J.A.C. 5:28 et seq., the owner shall be given a period of 30 days to cure any violation by conducting the required inspection or initiating any required remediation efforts.
If the owner of a dwelling has failed to cure the violation within 30 days, the owner shall be subject to a penalty of up to $1,000 per week (every seven days) until the required inspection has been conducted or the remediation efforts have been initiated. Remediation efforts shall be considered to have initiated when the dwelling owner has hired a lead abatement contractor or other qualified party to perform lead-hazard control methods.
[Added 10-10-2023 by Ord. No. 2023-14]
A true certified copy of this chapter shall be filed with the State Commissioner of Health.