[1991 Code § 121-16; Ord. No. 823]
A. 
Every foundation, floor, wall, ceiling, door, window, roof or other part of a building in a dwelling unit, hotel, motel and rooming house, shall be maintained in a safe, sanitary, and structurally sound condition so as not to pose a threat to the public health, safety or welfare, that is, free from cracks, holes, breaks, split or splintering boards on woodwork, loose plaster, flaking or peeling paint or other materials. Loose or defective sections shall be removed and replaced so that the sound material is flush and smooth. Floors, walls, ceilings and other exposed surfaces shall be kept clean, free from visible foreign matter, and sanitary at all times. If necessary to accomplish the foregoing, these surfaces shall be kept well painted, whitewashed, papered, covered or treated with ceiling material or other coating as needed. The original design and material shall be matched as near as reasonably possible and when completed shall be aesthetically acceptable. Any exterior part or parts thereof shall be maintained weatherproof and properly surface-coated where required to prevent deterioration.
B. 
All plumbing fixtures shall function perfectly at all times. The finish of toilets, sinks and tubs shall not be chipped or cracked and shall have a smooth finish. There shall not be any leaks, clogs or broken handles on any fixture. All plumbing fixtures and all floors, walls and ceilings in any room containing plumbing fixtures shall be kept in a sanitary condition at all times.
C. 
Every water closet compartment floor and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water and permit such floor to be kept in a clean condition.
D. 
In dwellings containing two or more dwelling units having a common source of heat for domestic hot water, it shall be the responsibility of the owner to make provision for the proper operation of such facilities at all times.
E. 
Every roof, wall, window, exterior door and hatchway shall be free from holes or leaks that would permit the entrance of water within a dwelling or be a cause of dampness.
F. 
Every foundation, floor and wall of a dwelling shall be free from chronic dampness.
G. 
No owner or occupant shall cause any services, facilities, equipment or utilities which are required under this chapter to be removed from, shut off or discontinued in any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies when discontinuance of service is authorized by the Housing Inspector. If any service or utility which the owner has agreed to supply is discontinued, the owner shall take immediate steps to cause the restoration of any such service or utility, unless the owner can prove that the tenant has agreed to supply such service or utility.
[1991 Code § 121-17; Ord. No. 823]
A. 
Means of ventilation shall be provided for every habitable room. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 45% of the minimum window area or minimum skylight area as required by this article or by other means acceptable to the Housing Inspector which will provide at least two air changes per hour.
B. 
Means of ventilation shall be provided for every bathroom or water closet compartment. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 45% of the minimum window area or minimum skylight area as required by this article or by other means acceptable to the Housing Inspector which will provide at least six air changes per hour.
C. 
All glass panes will be free from cracks and breaks. All panes will be securely anchored and properly glazed within their frames. All voids and cracks around window frames which may allow the entrance of weather or insects shall be sealed. All ground-level windows shall be equipped with latches.
D. 
Every openable window, exterior door, skylight and other opening to the outdoors shall be supplied with properly-fitting screens in good repair from May 1 to October 1 of each year. Such screens shall have a mesh of not less than No. 16.
[1991 Code § 121-18; Ord. No. 823]
A. 
Every habitable or occupiable room shall have lights available at all times, with an illumination of at least six footcandles. Every required exit shall have lights available at all times, with an illumination of at least three footcandles. All such light shall be measured 30 inches from the floor at the center of the exit.
B. 
Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window or skylight area, measured between stops, for every habitable room shall be 10% of the floor area of such room. Whenever walls or other portions of structures face a window of any habitable room and are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be included in calculating the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room. Skylight-type windows existing on December 1, 1971, may, if less than 15% of the total floor space, be increased to 15%, but no skylight-type window shall be installed in lieu of a window where a skylight has not previously existed.
C. 
Every dwelling shall be provided with electric service.
D. 
Every habitable room shall contain at least two separate wall-type electric convenience outlets or one such convenience outlet and one ceiling or wall-type electric light fixture. Every such outlet and fixture shall be connected to the source of electric power. No temporary wiring shall be used, except extension cords which run directly from portable electrical fixtures to convenience outlets and which do not lie under rugs or other floor coverings nor extend through doorways, transoms or other openings through structural elements.
E. 
Every portion of each staircase, hall, cellar, basement, landing, furnace room, utility room and all similar nonhabitable space located in a dwelling shall have either natural or artificial light available at all times, with an illumination of at least two footcandles in the darkest portions.
F. 
Every portion of any interior or exterior passageway or staircase common to two or more families in a dwelling shall be illuminated naturally or artificially at all times with an illumination of at least two footcandles in the darkest portion of the normally traveled stairs and passageways. In dwellings comprising two dwelling units, such illumination shall not be required at all times if separate switches, convenient and readily accessible to each dwelling unit, are provided for the control of such artificial light by the occupants thereof.
G. 
Every bathroom and water closet compartment shall have either natural or artificial light available at all times, with an illumination of at least three footcandles. Such light shall be measured 36 inches from the floor at the center of the room. Artificial lighting shall be controlled by a wall switch located so as to avoid danger of electrical hazards.
[1991 Code § 121-19; Ord. No. 823; Ord. No. 2021-14]
A. 
When any part of any premises shall be rented to another for habitation, the premises so rented shall be served by a heating system which can provide heat sufficient to maintain a minimum inside temperature of 68° F. in all habitable rooms, measured at least one foot away from any surface at the coldest portion of the space subject to regular use by occupants of any room when the average temperature outside the rented premises within a twenty-four-hour period is below 55° F.
B. 
When the heating system is not controlled by the person renting the premises, the owner shall be responsible for providing that, from October 1 of each year to the next succeeding May 1, every unit of dwelling space and every habitable room therein shall be maintained at a temperature of at least 68° F. between the hours of 6:00 a.m. and 11:00 p.m. and at least 65° between the hours of 11:00 p.m. and 6:00 a.m. Such levels of heat shall also be provided by the owner between May 1 and the next succeeding October 1 during any period in which the average temperature outside the rented premises within a twenty-four-hour period is below 65° F.
C. 
If heat is not operating properly to maintain required temperature the landlord is responsible for relocation of tenants until heat is restored.
[1991 Code § 121-20; Ord. No. 823]
A. 
Every dwelling, dwelling unit or lodging unit shall have safe and unobstructed means of egress. Each means of egress shall not be through any other dwelling unit or part thereof and shall lead to a safe and open space at ground level accessible to a street.
B. 
A room used for sleeping purposes under the provisions of this chapter shall be provided with a safe and unobstructed means of egress leading directly to an outside area accessible to a street.
[1991 Code § 121-21; Ord. No. 823]
Every roof, wall, window, exterior door, foundation and hatchway shall be free from holes or leaks that would permit the entrance of water within a dwelling or be a cause of dampness.
[1991 Code § 121-22; Ord. No. 823]
A. 
The Housing Inspector may order the owner to clean, repair or paint any walls or ceilings within a dwelling when such walls or ceiling have become stained or soiled, or the plaster, wallboard or other covering has become loose or badly cracked or missing.
B. 
All exterior parts of the structure which are subject to corrosion shall be kept painted and the Housing Inspector may order the owner to paint the exterior of the premises when the painting is necessary in order to retard leakage, deterioration or excessive dampness.
C. 
Nothing herein shall be construed so as to place upon a nonresident owner the responsibility of a tenant to keep in a clean and sanitary condition that part of the dwelling which the tenant occupies and controls.
D. 
No owner shall let to an occupant any vacant dwelling, dwelling unit or lodging unit unless it is clean and sanitary.
E. 
Every owner of a dwelling containing three or more dwelling or lodging units shall comply with all maintenance requirements of Title 5, Chapter 10 of the New Jersey Administrative Code as they pertain to multiple dwellings. In the event any of the requirements set forth therein are less strict than the requirements of this chapter, this chapter shall control.
[1991 Code § 121-23; Ord. No. 823]
A. 
In dwellings containing no more than three dwelling units, it shall be the responsibility of the occupant of each dwelling unit to furnish such receptacles outside the dwelling unit as are needed for the storage of garbage, rubbish and recyclable materials until removed from the premises. In lodging houses and in dwellings containing four or more dwelling units, it shall be the responsibility of the owner to furnish such receptacles outside the lodging units or dwelling units as are needed for the storage of garbage, rubbish and recyclable materials until removal from the premises.
B. 
Every occupant of a dwelling unit in a dwelling containing no more than three dwelling units shall be responsible, unless provided for otherwise under a lease agreement, for the periodic removal of all garbage, rubbish and recyclable materials from the premises each week in accordance with the regulations of the Borough for the collection of garbage, rubbish and recyclable materials.
C. 
Every occupant of a dwelling unit shall dispose of all solid wastes in the manner required by Chapter 28.
[1991 Code § 121-24; Ord. No. 823]
Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for extermination of any insects, rodents or other pests whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions, whenever infestation is caused by failure of the owner to maintain a dwelling in a rat-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more dwelling units in any dwelling or in the common parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
[1991 Code § 121-25; Ord. No. 823; Ord. No. 2021-14]
A. 
The owner shall be responsible for compliance with all of the provisions of this chapter not specified as the responsibility of the occupant.
B. 
The owner shall be responsible to relocate tenants if violations and/or emergency causes dwelling unit to be deemed uninhabitable.
[Added 12-18-2023 by Ord. No. 2023-21]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BOROUGH CODE ENFORCEMENT OFFICER
The Borough Code Enforcement Housing Officer or designee.
DUST WIPE SAMPLING
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 (HUD) and as conducted pursuant to N.J.A.C. 5:28A-2.3.
LEAD ABATEMENT
Measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the Commissioner of Community Affairs in compliance with standards promulgated by the appropriate federal agencies.
LEAD ABATEMENT CONTRACTOR
A firm certified by the New Jersey Department of Health to perform lead abatement or interim control work pursuant to N.J.A.C. 5:17.
LEAD ABATEMENT WORKER
An individual certified by the New Jersey Department of Health to perform lead abatement work pursuant to N.J.A.C. 8:62.
LEAD EVALUATION CONTRACTOR
A person certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:171.1 et seq.
LEAD FREE
A dwelling that has been found to have no outstanding lead-based paint hazards. It does not mean that the dwelling is certified to be lead free.
LEAD INSPECTOR/RISK ASSESSOR
An individual certified by the New Jersey Department of Health to perform lead inspection and risk assessment work pursuant to N.J.A.C. 8:62. This includes the ability to perform dust wipe sampling.
LEAD SAFE
A dwelling that has been found to have no outstanding lead-based paint hazards. It does not mean that the dwelling is certified to be lead free.
LEAD-BASED PAINT
Paint or other surface coating material that contains lead in excess of 1.0 milligram per centimeter squared or in excess of 0.5% by weight, or such other level as may be established by federal law.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated dust or soil or lead-contaminated paint that is deteriorated or present on surfaces would result in adverse human health effects.
LEAD-FREE CERTIFICATION
The certificate issued in accordance with N.J.A.C. 5:17, which states that there is no lead-based paint or that the dwelling has undergone lead abatement, in accordance with N.J.A.C. 5:17.
LEAD-SAFE CERTIFICATION
The certification issued pursuant to N.J.A.C. 5:28A, which confirms that a periodic 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, in accordance with N.J.A.C. 5:28A-2.4.
MUNICIPAL LEAD INSPECTOR
A lead evaluation contractor retained by the Borough.
PERIODIC LEAD-BASED PAINT INSPECTION
The initial inspection of all applicable dwelling units at the earlier of two years from the effective date of P.L. 2021, c. 182 (July 22, 2022) (N.J.S.A. 52:27D-437.6), or tenant turnover and, thereafter, the earlier of three years or upon tenant turnover, consistent with N.J.A.C. 5:28A-2.1, for the purposes of identifying lead-based paint hazards in dwellings subject to this section.
REMEDIATION
Interim controls or lead abatement work undertaken in conformance with this section to address lead-based paint hazards.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit or the time at which a new tenant enters a vacant dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue, and as conducted pursuant to N.J.A.C. 5:28A-2.3.
B. 
Applicability. All rental single-family, two-family, and multiple dwelling units must be inspected for lead-based paint hazards in accordance with this section except for the following:
(1) 
Dwellings constructed during or after 1978.
(2) 
Single-family and two-family seasonal rental dwelling units that are rented for less than six months' duration each year by tenants that do not have consecutive lease renewals.
(3) 
Dwelling units that have been certified to be free of lead-based paint pursuant to N.J.A.C. 5:17.
(4) 
Multiple rental dwelling units constructed prior to 1978 that have been registered with the Department of Community Affairs for at least 10 years and have no outstanding paint violations from the most recent cyclical inspection.
C. 
Lead-based paint inspections.
(1) 
All applicable inspections shall apply to interior spaces within dwellings. This is interpreted to include any common areas that tenants of a rental dwelling have access to, including hallways and basements, in two-family and multiple dwelling rentals. Dust wipe samplings are required for all lead-based paint inspections.
(2) 
Initial inspection. The owner shall have every dwelling unit, as defined under this section, inspected for lead-based paint hazards upon tenant turnover or within two years of the effective date of P.L. 2021, c. 182, July 22, 2022, whichever is sooner. The first inspection must take place no later than July 22, 2024.
(3) 
Subsequent inspection. After initial inspection, the owner shall have all such dwelling units inspected for lead-based paint hazards every three years or upon tenant turnover after two years. An inspection shall not be required at tenant turnover if it occurs within the two years of a valid lead-safe certification for the dwelling unit.
(4) 
Every owner of a dwelling unit subject to this section shall be responsible for obtaining the required inspection. The owner is to directly hire and pay for the lead evaluation contractor to conduct the periodic lead-based paint inspections for lead-based paint. Inspections shall be conducted pursuant to N.J.A.C. 5:28A-2.3.
(5) 
The Code Enforcement Office will provide a list of lead evaluation contractors certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:171.1 et seq. to owners who request it.
D. 
Borough-facilitated inspection. A Municipal Lead Inspector designated by the Borough shall be authorized and empowered to conduct periodic lead-based paint inspections for all applicable rental dwelling units in accordance with N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-1.1 et seq.
(1) 
Notice of inspection.
(a) 
Request for Borough-facilitated initial inspections must be submitted in writing by the property owner prior to April 1, 2024, or a minimum of 20 business days' prior to the scheduled date of tenant turnover. It is the responsibility of the property owner to schedule inspections.
(b) 
Request for Borough-facilitated periodic inspections must be submitted in writing by the property owner a minimum of 20 business days' prior to the scheduled date of tenant turnover or expiration of the required three-year inspection period.
(2) 
Inspection fees.
(a) 
Five hundred dollar base fee for a one-bedroom dwelling plus $50 for each additional bedroom in the unit plus a 15% administration fee.
(b) 
Inspection fees shall not apply if the property owner hires a private lead evaluation contractor who meets the qualifications of the New Jersey Department of Community Affairs.
(3) 
Every inspection for which the landlord, tenant, owner or agent has failed to provide access for inspection shall be deemed a failed inspection and the inspection fees shall be forfeited. If an owner desires to cancel an inspection, a written notice of cancellation must be provided to the Borough a minimum of 48 business hours in advance of the scheduled inspection. Business hours are Monday through Friday, 8:30 a.m. through 4:30 p.m., excluding holidays.
E. 
Owner option to designate a private lead evaluation contractor.
(1) 
A dwelling owner or landlord may hire a private lead evaluation contractor certified to provide lead paint inspections services in accordance with N.J.S.A. 52:27D-437.1 et seq., to conduct lead paint inspections and provide lead-safe or lead-free certificates in lieu of obtaining a Borough-facilitated inspection. Dust wipe samplings are required for all lead-based paint inspections.
(2) 
The Borough retains the authority to prohibit an owner from directly hiring a private lead evaluation contractor to conduct a periodic lead-based paint inspection where:
(a) 
The owner previously opted to hire a lead evaluation contractor to perform the periodic lead-based paint inspection and failed to have the inspection completed.
(b) 
The Borough determines there is a conflict of interest between the owner and their lead evaluation contractor of choice.
(3) 
If the Borough restricts the owner from directly hiring a private lead evaluation contractor, the Borough shall provide written notice to the owner that a Borough-facilitated inspection is required with applicable fees.
F. 
Lead-safe certificate. If no lead-based paint hazards are identified upon inspection, the licensed lead inspector/risk assessor or contractor shall certify the dwelling as lead-safe on the form prescribed from the Department of Community Affairs.
(1) 
A lead-safe certificate shall be valid for two years from the date of issuance.
(a) 
If, during the two-year certification period, a lead evaluation contractor, lead inspector/risk assessor, or a local health department conducts an independent inspection or risk assessment and determines that there is a lead-based paint hazard, the lead-safe certification issued pursuant to this section in accordance with N.J.A.C. 5:28A shall be invalid.
(b) 
The lead-safe certification shall not exempt the dwelling from any other law that would require a lead inspection/risk assessment.
(2) 
Filing fee for certifications issued following inspections.
(a) 
Lead-safe or lead-free certification: $50 per dwelling unit. This fee shall include a $20 per unit assessment in accordance with N.J.S.A. 52:27D-437.16(h).
(b) 
Lead-safe or lead-free certifications dated prior to the effective date of § 13-4-11 shall be assessed a fee of $20 per unit in accordance with N.J.S.A. 52:27D-437.16(h).
(3) 
A copy of the lead-safe certificate shall be filed with the Borough Code Enforcement Officer.
G. 
Identification of a lead-based paint hazard.
(1) 
If lead-based paint hazards are identified upon inspection, the inspector shall notify the Department of Community Affairs for review of the findings, in accordance with the Lead Hazard Control Assistance Act.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-437.1 et seq.
(2) 
If the lead-based paint hazard is identified in an inspection of one of the dwelling units in a building consisting of two or more dwelling units, then the lead contractor shall inspect the remainder of the building's dwelling units, with the exception of those dwelling units that have been certified to be free of lead-based paint or which have a valid lead-safe certification.
H. 
Responsibility for remediation of lead-based paint hazards. The owner of the dwelling unit shall be responsible for remediation of the lead-based paint hazard. Remediation and any reinspections required following remediation must be conducted consistent with N.J.A.C. 5:28A-2.5. Documentation of such remediation shall be provided to the Borough Code Enforcement Officer.
I. 
Owner responsibility.
(1) 
The owner of the dwelling that is subject to this section shall provide the tenant and Borough evidence of a valid lead-safe certification obtained pursuant to this section at the time of tenant turnover. The owner shall also affix a copy of any such certification as an exhibit to the tenant's lease.
(2) 
The owner shall notify the Borough in writing to schedule the lead paint hazard inspection.
(3) 
The owner of a multiple dwelling that is subject to this section shall provide evidence of the most recent tenant turnover, at the time of any cyclical inspection performed pursuant to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
(4) 
The owner of a dwelling that is subject to this section shall maintain a record of the lead-safe certification, which shall include the name or names of a unit's tenants, if the inspection was conducted during a period of tenancy.
(5) 
The owner of any dwelling subject to this section shall inform the Borough Code Enforcement Officer of all tenant turnover activity to ensure any required inspection may be scheduled.
(6) 
The owner of a dwelling shall provide a copy of this section, and any lead-safe certifications issued pursuant thereto, along with the accompanying guidance document, "Lead-Based Paint in Rental Dwellings," to any prospective owners of the dwelling during a real estate transaction, settlement, or closing.
J. 
Violations and penalties.
(1) 
Pursuant to N.J.S.A. 52:27D-437.6 and N.J.A.C. 5-28A-4.1, the Borough Code Enforcement Officer is authorized to conduct investigations and issue penalties in order to enforce an owner's failure to comply with this section.
(2) 
A property owner/landlord shall comply with the requirements of P.L. 2021, c. 182, and this section. If a Borough Code Enforcement Officer determines that a property owner has failed to comply with the inspection requirements of this section, the property owner shall be given a thirty-day notice to cure any violation by ordering the necessary inspection or by initiating any required remediation. If the dwelling owner has not cured the violation within 30 days, the owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts initiated. Remediation efforts shall be considered to be initiated when the dwelling owner has hired a lead abatement contractor or other qualified party to perform lead hazard control methods.
(3) 
Any other violation of the provisions of this section shall be subject to a fine of not less than $50 nor more than $500 for each offense.