[HISTORY: Adopted by the Township Council of the Township
of Verona as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-17-2021 by Ord. No. 2021-16[1]]
A certain document, three copies of which are on file in the office of the Township Clerk and the Department of Buildings and Inspections of the Township of Verona and posted on the Township's website, being marked and designated as the "International Property Maintenance Code, 2021 edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of Verona, in the County of Essex, State of New Jersey, for regulating and governing the conditions and maintenance of all property, buildings and structures by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Township of Verona are hereby referred to, adopted, and made a part hereof as if fully set out in this article, with additions, insertions, deletions and changes, if any, prescribed in § 390-2 of this article.
The International Property Maintenance Code is amended and revised
in the following respects:
A.
Section 101.1. Insert: "Township of Verona."
B.
Section 103.1. This section is deleted in its entirety and replaced with "The department responsible for the enforcement of this chapter shall be the Department of Buildings and Inspections as established by § 5-71 of this Code and shall herein be referred as the 'department.' The official in charge of enforcement of this chapter shall be the Construction Code Official or his/her designee and shall herein be referred as the 'code official.'"
C.
Section 103.2. This section is deleted in its entirety.
D.
Section 104. This section is deleted in its entirety.
E.
Section 302.4. Insert: "four inches."
F.
Section 304.14. Insert: "May 15 to October 1."
G.
Section 602.3. Insert: "October 1 to May 31" and add "The heating
requirements for every multifamily dwelling unit of nine stories or
more therein shall be maintained in accordance with the requirements
and standards set by the New Jersey Administrative Code."
H.
Section 602.4. Insert: "October 1 to May 31."
Nothing in this article or in the Property Maintenance Code
hereby adopted shall be construed to affect any suit or proceeding
impending in any court, or any rights acquired, or liability incurred,
or any cause or causes of action acquired or existing, under any act
or ordinance hereby repealed as cited in this article; nor shall any
just or legal right or remedy of any character be lost, impaired or
affected by this article.
[Adopted 2-5-2024 by Ord. No. 2024-03]
The following definitions shall apply to this article:
A real estate development or neighborhood in which the property
is burdened by servitudes requiring property owners to contribute
to maintenance of commonly held property or to pay dues or assessments
to an owners' association that provides services or facilities
to the community.
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.
A person certified by the Department of Community Affairs
to perform lead inspection and risk assessment work pursuant to N.J.A.C.
5:17-1.1 et seq. This includes the ability to perform dust wipe sampling.
Any condition that causes exposure to lead from lead-contaminated
dust 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 that no lead-based paint exists in the dwelling
unit or that all lead-based paint hazards have been fully abated.
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
unit and all new tenants move into the dwelling 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.
A lead inspector for the Township of Verona shall inspect every single-family,
two-family, and multiple rental dwelling located within the Township
of Verona for lead-based paint hazards through visual assessment and
dust wipe sampling in accordance with N.J.S.A. 52:27D-437.16 et seq.,
as may be amended from time to time.
B.
The property owner or landlord may, in lieu of having the dwelling
inspected by the Township's lead inspector, directly hire a private
lead inspector 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-437.16 et seq., as may
be amended from time to time.
C.
In accordance with N.J.S.A. 52:27D-437.16c, 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 reregistered with the Department
of Community Affairs as a multiple dwelling for at least 10 years,
either under the current or 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;
see 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.
D.
If lead-based paint hazards are identified, then the owner of the
dwelling shall remediate the hazards through abatement or lead-based
paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16d.
Upon the remediation of the lead-based paint hazard, the Township's
lead inspector or visual assessor, as may be applicable, or the owner's
private lead inspector, shall conduct an additional inspection of
the unit to certify that the hazard no longer exists.
E.
If no lead-based paint hazards are identified, the Township's
lead inspector or the owner's private lead inspector shall certify
the dwelling as lead safe on a form prescribed by the Department of
Community Affairs, which shall be valid for two years.
F.
In accordance with N.J.S.A. 52:27D-437.16e, property owners shall:
(1)
Provide evidence of a valid lead-safe certification and the most
recent tenant turnover to the Township of Verona at the time of the
cyclical inspection.
(2)
Provide evidence of a valid lead-safe certification 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.
(3)
Maintain a record of the lead-safe certification, which shall include
the name or names of the unit's tenant or tenants if the inspection
was conducted during a period of tenancy.
G.
The fees for a lead-based paint inspection shall be as follows:
(1)
The fee for a visual assessment is $250 per unit.
(2)
The fee for the filing of a lead-safe certification or lead-free
certification shall be $25.
(3)
In a common interest community, any inspection fee charged shall
be the responsibility of the unit owner and not the homeowners'
association, unless the association is the owner of the unit.
(4)
In accordance with N.J.S.A. 52:27D-437.16h, an additional fee of
$20 per dwelling unit inspected by the Township's lead inspector
or the owner's private lead inspector shall be assessed for the
purposes of the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.1
et seq.) unless the unit 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.
(5)
Reinspection/clearance: $295 per unit.
(6)
XRF lead inspection: $150/unit per lead free.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of § 390-5D and F shall be as follows:
A.
If a property owner has failed to conduct the required inspection
or initiate any remediation efforts, the owner shall be given 30 days
to cure the violation.
B.
If the property owner has not cured the violation after 30 days,
the property owner 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.
