[Added 12-14-2023 by Ord. No. 22-2023]
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Clayton.
CONTRACTOR
A licensed vendor that contracts with the Borough of Clayton to replace lead/galvanized service lines.
DEPARTMENT
The Water and Sewer Department of the Borough of Clayton, New Jersey.
DWELLING
A building or structure or part thereof containing one or more dwelling units. This chapter shall also apply to buildings and structures that are not used for residential purposes.
DWELLING UNIT
Any room or groups of rooms or any part thereof located within a building and forming a single habitable unit with facilities which are used or designed to be used for living, sleeping, cooking, eating or bathing.
LEAD SAFE
Any condition that does not allow access or exposure to lead, in any form, to the extent that adverse human health effects are possible.
OCCUPANT
A person or persons in actual possession of and living in the building or dwelling unit.
OWNER
Any person who has legal title to any dwelling, with or without accompanying actual possession thereof; or, who has equitable title and is either in actual possession or collects rents therefrom; or, who is executor, executrix, trustee, guardian, or receiver of the estate of the owner, or as mortgagee or as vendee in possession either by virtue of a court order or by agreement or voluntary surrender of the premises by the person holding the legal title, or as collector of rents has charge, care or control of any dwelling or rooming house.
SERVICE LINE
The pipe, tubing, and fittings connecting the Borough of Clayton water main to a building or structure, and also includes the water meter for the property.
A property owner may be excluded from the mandatory replacement of its lead/galvanized service line by providing the Water and Sewer Department with written proof from a licensed and certified plumber or the Clayton Water and Sewer Department that it does not have a lead/galvanized service line on its property and/or that the lead/galvanized service line was previously removed and replaced.
A. 
The owner of any dwelling, building or structure serviced by a lead/galvanized service line is required to replace the lead/galvanized service line on their property. An extension of time may be granted where the owner can demonstrate, to the Water and Sewer Department designee, that a good faith effort has been made to comply with the ordinance.
B. 
The owner of any dwelling, building or structure shall replace their lead/galvanized service line by any of the following methods:
(1) 
Signing up for the Lead/Galvanized Service Line Replacement Program offered by the Borough of Clayton and allowing contractors to access their property to conduct the replacement. The contractor will provide the owner with a right of entry form for completion. The right of entry form will provide the contractor with access to the property to verify the existence of a lead/galvanized service line for replacement; or
(2) 
Agreeing to replace the lead/galvanized service line on their own and at their own expense. An extension of time may be granted where the owner can demonstrate, to the Water and Sewer Department designee, that a good faith effort has been made to comply with the ordinance. An owner is required to provide the Water and Sewer Department with proof that the lead/galvanized service line has been replaced. Proof must include at a minimum: a permit issued by the Construction Office to a licensed plumber authorized to do the work; an invoice from the contractor who completed the work; a copy of the estimate along with any report of the work completed, and an inspection report verifying the removal.
A. 
Notwithstanding § 93-63, if an owner of the dwelling, building or structure does not sign up for the Lead/Galvanized Service Line Replacement Program or does not replace its lead/galvanized service line or is inaccessible or otherwise denies access to the property to enable the replacement of the line, then the following procedure shall be followed:
(1) 
The Borough shall secure entrance to the property from the owner or current occupant of the dwelling, building or structure, and the Borough shall incur no liability from the owner. The contractor will provide the owner with a right of entry form for completion. The right of entry form will provide the contractor with access to the property to verify the existence of a lead/galvanized service line for replacement. The Borough shall restore the property to its original condition, or as close as possible to its original condition; and
(2) 
If access is granted by the current occupant of the dwelling, building, or structure, then the occupant shall be held harmless and no liability shall incur to the Borough or occupant due to the replacement of the lead/galvanized service line by the Borough of Clayton; and
(3) 
If access is denied by the current occupant or owner, then the Borough shall commence procedures, including filing a court action, to conduct the replacement of the lead/galvanized service line.
A. 
Upon the sale or transfer of ownership of any dwelling, building or structure, the owner must provide proof that the lead/galvanized service line has been replaced in order to secure a continued certificate of occupancy (CCO).
B. 
Upon the sale of any Borough-owned property, and within 90 days of the closing, the buyer is responsible for replacing the lead/galvanized service line, by either enrolling in the Lead/Galvanized Service Line Replacement Program or in accordance with § 93-63B(2) above.
Violations of this article by any person or corporation shall be punishable by a fine of at least $250 but not exceeding $1,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not to exceed 90 days.