[HISTORY: Adopted by the Borough Council of the Borough of
Milford 3-6-2023 by Ord. No. 955-2023. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
Any condition that causes exposure to lead from lead-contaminated
dust or soil or lead-contaminated paint that is deteriorated or present
in surfaces that would result in adverse human health effects.
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.
A lead evaluation contractor retained by the Borough shall inspect
every single-family, two-family, or multiple rental dwelling located
in the Borough of Milford for lead-based paint hazards through visual
assessment and dust wipe sampling in accordance with N.J.S.A. 52:27D-437.1
et seq.
B.
In lieu of having the dwelling inspected by the Borough's lead
evaluator, a dwelling owner or landlord may directly hire a private
lead evaluation contractor who is certified to provide lead paint
inspection services by the Department of Community Affairs to perform
the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.1
et seq.
C.
In accordance with N.J.S.A. 52:27D-437.16(c), 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:
(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 (C. 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
(5)
Has a valid lead-safe certification.
D.
The owner, landlord, and/or agent of every single-family, two-family,
or multiple rental dwelling unit offered for rental shall be required
to obtain an inspection of the unit for lead-based paint hazards every
three years, or at tenant turnover, whichever is earlier.
E.
If lead-based paint hazards are identified, then the owner, landlord,
and/or agent of the dwelling shall remediate the lead-based paint
hazard using lead abatement or lead-based control methods in accordance
with N.J.S.A. 52:27D-437.16(d). Upon the remediation of the lead-based
paint hazard, the Borough's lead evaluation contractor shall
conduct an additional inspection of the unit to certify that the hazard
no longer exists.
F.
If no lead-based paint hazards are identified, then the Borough's
lead evaluator shall certify the dwelling as lead-safe on a form prescribed
by the Department of Community Affairs, which shall be valid for two
years.
G.
Pursuant to N.J.S.A. 52:27D-437.16(e), property owners shall:
(1)
Provide evidence of valid lead-safe certification and the most recent
tenant turnover at the time of the cyclical inspection.
(2)
Provide evidence of a valid lead-safe certification obtained pursuant to this Section to new tenants of the property at the time of tenant turnover unless not required to have had an inspection by a lead evaluation contractor or permanent local agency pursuant to § 68-2C of this chapter.
(3)
Maintain records of lead-safe certification, which shall include
name(s) of the unit tenant(s), if inspection was conducted during
a period of tenancy.
A.
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of
$20 per dwelling unit inspected by the Borough's lead evaluation
contractor or the owner's private lead evaluation contractor
shall be addressed for the purpose of the Lead Hazard Control Assistance
Act, unless the owner demonstrates that the Department of Community
Affairs has already assessed an additional inspection fee of $20.
The fees collected pursuant to this subsection shall be deposited
into the Lead Hazard Control Assistance Fund.
B.
In a common interest community, any inspection fee charged pursuant
to this subsection shall be the responsibility of the unit owner and
not the homeowners' association, unless the association is the
owner of the unit.
C.
As listed in the fee ordinance.
Penalties for violation of Chapter 68 shall be as follows:
A.
If a property owner has failed to conduct the required inspection
or initiate any remediation as required by N.J.S.A. 52:27D-437.1 et
seq. the owner shall have 30 days to cure the violation.
B.
If a property owner fails to cure the violation after 30 days, the
property owner shall be subject to a penalty not to exceed $1,000
per week plus the Borough's reasonable court costs until the
required inspection has been conducted or remediation efforts have
been initiated.
C.
This chapter shall be enforced by the Borough Clerk or other Borough
personnel as may be assigned by resolution of the Milford Borough
Common Council.
All ordinances or parts of ordinances in conflict or inconsistent
with any part of this chapter are hereby repealed to the extent that
they are in conflict or inconsistent.
If any section, paragraph, subsection, clause, or provision of this Chapter 68 shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause, or provisions so adjudicated, and the remainder of the ordinance shall be deemed valid and effective.
This chapter shall take effect after passage and publication
in the manner provided by law.
