[HISTORY: Adopted by the Township Committee
of the Township of Shamong 6-13-2023 by Ord. No. 2023-8.[1] Amendments noted where applicable.]
As used in this article, the following terms shall have the
meanings indicated:
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this article. The term does not necessarily mean
a licensed real estate broker or salesman of the State of New Jersey
as those terms are defined by N.J.S.A. 45:15-3; however, such term
may include a licensed real estate broker or salesman of the State
of New Jersey if such person designated by the owner as his agent
is so license.
A building containing a room or rooms, or suite, apartment,
unit or space that is rented and occupied or intended to be rented
or occupied for sleeping and dwelling purposes by one or more persons.
Any person or group of persons, firm, corporation or officer
thereof, partnership, association or trust which owns, operates, exercises
control over or is in charge of a rental facility.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
The registration issued by the Township Clerk or designee
attesting that the rental unit has been properly registered in accordance
with this article.
A unit within a building that is rented and occupied or intended
to be rented and occupied for sleeping and dwelling purposes by one
or more persons.
A.
All rental units and short-term rental units shall be registered
annually with the Township Clerk or such other person as designated
by the Township Committee, on forms which shall be provided for that
purpose and which shall be obtained from the Township Clerk or designee.
Registration shall occur in accordance with procedures established
by the Township.
B.
No person shall hereafter occupy any rental unit or short-term rental
unit, nor shall the owner permit occupancy of any rental unit or short-term
rental unit within the Township which is not registered in accordance
with this article.
C.
The registration term shall commence on January 1 and shall be valid
for a calendar year, at which time it shall expire, and a new registration
shall be required. Every person required to file a registration form
pursuant to this article shall file an amended registration form within
20 days after any change in the information required to be included
thereon.
D.
The registration herein is created and required solely to ensure
that the Township and all applicable units therein comply with state
law with regard to lead-based paint inspections. The registration
and inspections under this chapter shall not constitute an approval
of the rental use by the municipality as to compliance with zoning
or any other legal status.
A.
All rental units shall be registered as provided herein. Every owner
shall file with the Township Clerk or such other person as designated
by the Township Committee a registration form for each unit contained
within a building or structure which shall include the following information:
(1)
The name and address of the owner(s) of the property and the name
and address of the operator(s) of the premises, if different than
the owner. The name and address in the case of a partnership shall
be that of a general partner, in the case of a limited-liability company,
that of the managing member, and in the case of a corporation, that
of the registered agent.
(2)
If the address of any record owner is not located in Burlington County,
the name and address of a person who resides in Burlington County
and who is authorized to accept notices from a tenant, to issue receipts
for those notices and to accept service of process on behalf of the
record owner(s).
(3)
The name, address, and telephone number of the managing agent for
the premises, if any.
(4)
The name, address and telephone number of the custodian, janitor,
building superintendent, or other individual employed by the owner
or agent to provide regular maintenance service, if any.
(5)
The name, address, telephone number and any other relevant information
of the emergency contact person designated by the owner or operator
to receive notice of, respond to and make decisions regarding emergencies
at the premises.
(6)
The name and address of every holder of a recorded mortgage on the
premises.
(7)
The street address and unit designation for the unit(s) being registered.
(8)
The number of minors permitted in the units and any limitation on
nature or number imposed by the owner or operator.
(9)
Whether pets are permitted in the unit and any limitation on the
nature or number imposed by the owner or operator.
(10)
If fuel oil is used to heat the building and the landlord furnishes
the heat in the building, the name and address of the fuel oil dealer
servicing the building and the grade of fuel oil used.
(11)
Such other information as may be required by the Township.
The Township Clerk or designee shall index and file the registration
forms. In doing so, the Township Clerk or designee shall follow the
mandates of N.J.S.A. 46:8-28.1, as amended and supplemented, so that
the filing of the registration form will also satisfy the registration
requirements of N.J.S.A. 46:8-28 to the extent that it applies to
the property being registered, and will also satisfy the registration
requirements of this article.
A fee of $25 shall be paid for registration of each rental unit.
A late fee surcharge of $30 per unit shall be charged for any registration
form not filed within 10 days of January 1 or the change of ownership.
Any person in violation of this article shall, upon conviction,
be punishable by a fine not to exceed $1,000 or imprisonment for a
term of not more than 90 days or both.
As used in this article, 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.
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.
The time at which all existing occupants vacate a dwelling
rental unit and all new tenants move into the rental 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.
The owner and/or landlord of every single-family, two-family, and
multiple rental dwelling located within the Township of Shamong shall
cause their property to be inspected 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 Municipal Inspector, 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. All inspections will
otherwise be performed by the Municipal Inspector.
C.
In accordance with N.J.S.A. 52:27D-437.16(c), a rental 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 (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
(5)
Has a valid lead-safe certification issued in accordance with this
chapter.
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 before
July 24, 2024, or at tenant turn over, whichever is earlier. Thereafter,
all such units shall be inspected as tenant turnover, or every three
years, whichever is earlier.
E.
If a lead-based paint hazard is identified, then the owner, landlord,
and/or agent of the rental unit shall remediate the lead-based paint
hazard, at their own expense, 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 Municipal Inspector, or the owner
and/or landlord's private 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 hazard is identified, then the Municipal Inspector
or the owner and/or landlord's private lead evaluation contractor,
shall certify the rental unit 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), owner, landlord, and/or agent
of every single-family, two-family, or multiple rental dwelling located
within the Township 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 article 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, unless not required to
have had an inspection by a lead evaluation contractor or permanent
local agency pursuant to § 113-8C.
(3)
Maintain records of lead-safe certification, which shall include
name(s) of the unit tenant(s), if the inspection was conducted during
a period of tenancy.
H.
Fees. The fees to be paid by the owner and/or landlord for a lead-based
inspection performed by the Municipal Inspector shall be as follows:
(2)
The fee for filing the lead-safe certification or lead-free certification
shall be $25.
(3)
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of
$20 per rental unit inspected by the Municipal Inspector or the owner
and/or landlord's private lead evaluation contractor shall be
assessed for the purpose of the Lead Hazard Control Assistance Act,
unless the owner demonstrates that the New Jersey 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.
Penalties for violations of this article shall be as follows:
A.
If a property owner and/or landlord has failed to conduct the required
inspection or initiate any remediation efforts, as required by N.J.S.A.
52:27D-437.1 et seq., the owner and/or landlord shall have 30 days
to cure the violation.
B.
If a property and/or landlord owner fails to cure the violation after
30 days, the property owner and/or landlord 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.
