[Amended 8-13-1981 by Ord. No. MC-1766]
After notice and hearing, the Supervisor of Housing Inspection
may determine that a dwelling under consideration is unfit for human
habitation if he finds that conditions exist in such dwelling which
are dangerous or injurious to the health or safety of the occupants
of such dwelling, the occupants of neighboring dwellings or other
residents of the City. Such conditions may, among other things, include
the following:
A. Defects therein increasing the hazards of fire, accident or other
calamities.
B. Lack of adequate ventilation, light or sanitary facilities.
C. Dilapidation, disrepair, structural defects or uncleanliness.
[Amended 8-13-1981 by Ord. No. MC-1766]
A. The Supervisor of Housing Inspection is hereby authorized and directed
to make inspections to determine the condition of dwellings, dwelling
units and rooming units located within the City in order that he may
perform his duty of safeguarding the health and safety of the occupants
of dwellings and of the general public.
B. For the purpose of making the inspections referred to in Subsection
A of this section, the Supervisor of Housing Inspection or his designee is hereby authorized, subject to law, to enter, examine and survey, at all reasonable times, all dwellings, dwelling units and rooming units.
C. Subject to law, the owner or occupant of every dwelling, dwelling
unit and rooming unit, or the person in charge thereof, shall give
the Supervisor of Housing Inspection or his designee free access to
such dwelling unit or rooming unit and its premises, at all reasonable
times, for the purpose of such inspection, examination and survey.
Every occupant of a dwelling or dwelling unit shall give the
owner thereof, or his agent or employee, access to any part of such
dwelling or dwelling unit or its premises, at all reasonable times,
for the purpose of making such repairs or alterations as are necessary
to effect compliance with the provisions of this chapter or with any
lawful rule or regulation adopted or any lawful order issued pursuant
to the provisions of this chapter.
[Amended 8-13-1981 by Ord. No. MC-1766]
Complaints, notices and orders issued by the Supervisor of Housing
Inspection pursuant to this chapter shall be served upon persons either
personally or by registered or certified mail. If the whereabouts
of such persons is unknown and the same cannot be ascertained by the
Supervisor of Housing Inspection in the exercise of reasonable diligence,
and he shall make an affidavit to that effect, then the serving of
such complaint, notice or order upon such persons may be made by publishing
the same once each week for two successive weeks in a newspaper which
complies with the requirements of state and local laws for the publication
of legal advertising for the City. A copy of such complaint, notice
or order shall be posted in a conspicuous place on the premises affected
by the complaint, notice or order. A copy of such complaint, notice
or order shall be duly recorded or lodged for record with the Register
of Camden County.
[Amended 8-13-1981 by Ord. No. MC-1766]
A. If the owner fails to comply with an order to repair, alter or improve
or, at the option of the owner, to vacate and close the dwelling,
the Supervisor of Housing Inspection may cause such dwelling to be
repaired, altered or improved or to be vacated and closed. The Supervisor
of Housing Inspection may cause to be posted on the main entrance
to any dwelling so closed a placard with the following words: "This
dwelling is unfit for human habitation or occupancy or use; the use
or occupation of this dwelling is prohibited and unlawful."
B. If the owner fails to comply with an order to remove or demolish
the dwelling, the Supervisor of Housing Inspection may cause such
dwelling to be removed or demolished or he may contract for the removal
or demolition thereof after advertisement for and receipt of bids
therefor.
[Amended 8-13-1981 by Ord. No. MC-1766]
The Supervisor of Housing Inspection is hereby authorized and
empowered to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this chapter,
including the following powers in addition to others herein granted:
A. To investigate the dwelling conditions in the City in order to determine
which dwellings therein are unfit for human habitation.
B. To administer oaths and affirmations, examine witnesses and receive
evidence.
C. To enter upon premises for the purpose of making examinations, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
D. To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purpose of this chapter.
E. To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
Nothing in this chapter shall be construed to abrogate or impair
the powers of the City or of any officer or any department of the
City to enforce any provisions of its Charter or other state law or
other ordinances or regulations nor to prevent or punish violations
thereof. The powers conferred by this chapter and the provisions thereof
shall be in addition and supplemental to the provisions of any other
chapter of this Code or other ordinances of the City.
Nothing in this chapter shall be construed to impair or limit,
in any way, the power of the City to define and declare nuisances
and to cause their removal or abatement by summary proceedings or
otherwise.
[Amended 4-9-1987 by Ord. No. MC-2289; 10-12-2006 by Ord. No.
MC-4234]
Unless otherwise provided in the chapter, penalties against persons violating the provisions of this chapter shall be imposed in accordance with the provisions of §
1-15.
[Added 10-17-2023 by Ord.
No. MC-5468; amended 12-12-2023 by Ord. No. MC-5479]
[Added 10-17-2023 by Ord.
No. MC-5468; amended 12-12-2023 by Ord. No. MC-5479]
A. Lead poisoning poses a serious public health threat to children and
adults in the City of Camden, N.J.S.A 52:27D-437.
B. According to the New Jersey Department of Health's Lead Screening
Database, in the City of Camden, at least 3% of children tested, who
are six years of age or younger, have a blood lead level greater than
or equal to five ug/dl, therefore all lead-based paint hazards must
test through a dust wipe sampling.
C. Even a small amount of lead can cause elevated blood lead levels
resulting in serious and irreversible developmental damage, particularly
in children under the age of six years.
D. Exposure to lead hazards from deteriorated lead-based paint is a
primary cause of elevated blood lead levels in humans.
E. Structures built before 1978 are the most likely to contain lead-based
paint hazards.
F. Residential properties are more likely than are nonresidential properties
to be a source of exposure to lead-based paint hazards by children.
G. Children living in older, poorly maintained homes are disproportionately
at risk for lead-based paint hazards.
H. The exposure to lead-based paint hazards in the City of Camden is
most common, and presents the most serious risk, to young children
residing in rental housing built before 1978. Approximately 80% of
lead poisoning cases in New Jersey are caused by exposure to lead-based
paint in homes built before 1978, which affects our low-income families
the most.
I. It is essential to the overall public health of persons in the City
of Camden and particularly for children younger than six years of
age, that they be protected from exposure to lead-based paint hazards.
[Added 10-17-2023 by Ord.
No. MC-5468; amended 12-12-2023 by Ord. No. MC-5479]
For the purposes of this §
450-16, the following words and terms shall have the meanings set forth below, in accordance with N.J.S.A. 52:27D-437.6 and N.J.A.C. 5:28A-1.1 et seq.:
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.
DWELLING
A building containing a room or rooms, suite, apartment,
unit, or space that is rented and occupied, or intended to be rented
and occupied, for sleeping and dwelling purposes by one or more persons.
DWELLING UNIT
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.
HOUSING INSPECTOR
The City of Camden Housing Inspector or designee, or any
code enforcement inspector appointed by the City of Camden pursuant
to N.J.S.A. 40:48-2.3 et seq., or any other statutory authorization
to perform inspections of any building.
INTERIM CONTROLS
A set of measures designed to reduce temporarily human exposure
or likely exposure to lead-based paint hazards, including specialized
cleaning, repairs, maintenance, painting, temporary containment, ongoing
monitoring of lead-based paint hazards or potential hazards, and the
establishment and operation of management and resident education programs,
or the term as it is defined pursuant to 42 U.S.C. § 4851b
and the regulations adopted pursuant thereto.
LEAD ABATEMENT
A set of measures designed to permanently eliminate lead-based
paint hazards, in accordance with the standards established by the
Commissioner of the New Jersey Department of Community Affairs.
LEAD ABATEMENT CONTRACTOR
A firm certified by the New Jersey Department of Community
Affairs to perform remediation through 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 or interim control 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. 5:17-5.1. This includes the ability to perform dust wipe
sampling.
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 which has been found to have no outstanding lead-based
paint hazards. It does not mean that the dwelling has been certified
to be lead free.
LEAD-BASED PAINT
Paint or other surface coating material that contains lead
in excess of 1.0 milligrams 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 lead-contaminated paint that is deteriorated or present on
surfaces that would result in adverse human health effects.
LEAD-FREE
A dwelling that has been certified to have no lead-based
paint or has undergone lead abatement, in accordance with N.J.A.C.
5-17.
LEAD-FREE CERTIFICATION
The certificate issued in accordance with N.J.A.C. 5:17,
which states that there 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 in accordance with N.J.A.C. 5:28-2.4,
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.
MULTIPLE DWELLING
Any building or structure and any land appurtenant thereto,
and any portion thereof, in which three or more dwelling units are
occupied or intended to be occupied by three or more persons living
independently of each other. "Multiple dwelling" also means any group
of 10 or more buildings on a single parcel of land or on contiguous
parcels under common ownership, in each of which two dwelling units
are occupied, or intended to be occupied, by two persons or households
living independently of each other, and any land appurtenant thereto,
and any portion thereof. "Multiple dwelling" does not include those
buildings and structures that are excluded pursuant to N.J.S.A. 55:13A-3(k).
PERIODIC LEAD-BASED PAINT INSPECTION
Pursuant to N.J.A.C. 5:28A-2.1, the initial inspection of
all applicable dwelling units for the purpose of identifying lead-based
paint hazards in the dwelling units, at the earlier of two years from
the effective date of P.L. 2021, c. 182, July 22, 2022, or tenant
turnover and thereafter every three years or upon tenant turnover,
which is earlier.
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, 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 §
450-16.
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 enter 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.
[Added 10-17-2023 by Ord.
No. MC-5468; amended 12-12-2023 by Ord. No. MC-5479]
A. Inspections authorized. A City official, primarily the City's
Housing Inspector or the City's retained lead evaluation contractor
or a certified lead evaluation contractor hired by the rental dwelling
owner shall be authorized and empowered to inspect all single-family,
two-family or multiple dwelling rental units in the City of Camden
for lead-based paint hazards, N.J.S.A. 52:27D-437.6 and N.J.A.C. 5:28A-1.1.
B. In accordance with N.J.S.A. 52:27D-437.16(c), certain single-family,
two-family or multiple dwelling rental units shall not be subject
to inspection and evaluation for the presence of lead-based paint
hazards, if the unit:
(1)
Was constructed during or after 1978;
(2)
Is a single-family or two-family seasonal rental dwelling unit
that is rented for less than six months duration each year by tenants
that do not have consecutive lease renewals;
(3)
Has been certified to be free of lead-based paint, pursuant
to N.J.A.C. 5:17;
(4)
Is a multiple dwelling that was constructed prior to 1978 and
has been registered with the N.J. Department of Community Affairs
as a multiple dwelling for at least 10 years, either under the current
or a previous owner, and has either:
(a)
No outstanding lead-based paint 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.); or
(b)
A current certificate of inspection issued by the N.J. Department
of Community Affairs, Bureau of Housing Inspection; or
(c)
An open inspection with no violations for lead-based paint hazard;
(5)
Has a valid lead-safe certification issued pursuant N.J.A.C.
5:28A-2.4. Lead-safe certifications are valid for two years from the
date of issuance.
C. Timing of inspection:
(1)
The initial inspection of all single-family, two-family and multiple dwelling rental units subject to this §
450-16 shall take place upon tenant turnover or no later than July 22, 2024, whichever is earlier.
(2)
After the initial inspection, all such rental dwelling units
shall be inspected for lead-based paint hazards each time there is
tenant turnover, or at least once every three years, whichever is
earlier. However, if the landlord has a valid lead-safe certification,
under N.J.A.C. 5:28A-2.4, the dwelling unit will not need to be inspected.
(3)
Each subsequent periodic lead-based paint inspection shall be
counted from the most recent inspection which resulted in a valid
lead-safe certification.
D. Every Inspection for which the landlord, tenant, owner or agent has
failed to provide access for the inspection, shall be deemed a failed
inspection.
E. Cancelation of inspection. Scheduled inspections or reinspections
may be canceled by the Department of Code Enforcement, if the completed
application and fees have not been received by the City at least 24
hours prior to the scheduled inspection, or on the last working day
prior to the scheduled inspection. If the owner, landlord and/or agent
cancels the inspection at the last minute, a no-show fee will be imposed.
F. Option for inspection by the owner's certified lead evaluation contractor. A dwelling unit owner or landlord may opt, instead, to directly hire a licensed lead evaluation contractor who is certified, to conduct periodic lead-based paint inspections to satisfy the requirements of this §
450-16, N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-1.1 et seq. The owner will provide the City with a copy of the lead-safe certificate and pursuant to N.J.A.C. 5:28-2.2, pay a $20 fee which will be deposited in the New Jersey Lead Hazard Control Assistance Fund.
G. Notwithstanding the option specified in Subsection
F, the City retains the authority to conduct inspections or investigations of landlords or owners that directly hire lead evaluation contractors to ensure that periodic lead-based paint hazard inspections are being performed in accordance with this chapter, where:
(1)
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; or
(2)
The City determines there is a conflict of interest between
the owner and their lead-evaluation contractor of choice.
H. If no lead-based paint hazards are identified, then the dwelling will be certified as lead safe on a form prescribed by the New Jersey Department of Community Affairs and supply a copy of the lead-safe certification to the landlord, owner and/or agent of the dwelling. If lead-based paint hazards are identified, the City will follow the procedures specified below in §
450-16.6, which is entitled "Remediation."
I. If a lead-based paint hazard is identified in an inspection of one
of the rental dwelling units in a building consisting of two- or three-dwelling
units, then in accordance with N.J.S.A. 52:27D-437.16g(3), the remaining
dwelling units shall be inspected, unless those units have been certified
to be free of lead-based paint.
J. The lead-safe certification shall be valid for two years from the
date of issuance, unless during the two-year certification period,
a lead evaluation contractor, lead inspector/risk assessor, or a local
health department or public agency conducts an independent inspection
or risk assessment and determines that there is a lead-based paint
hazard, in which case, the certification shall become invalid.
K. Whenever any dwelling unit is scheduled for a tenant turnover, the
then-current landlord, owner and/or agent shall provide written notice
to the Department of Code Enforcement, no later than 15 calendar days
prior to the scheduled date of tenant turnover, that an inspection
is needed and pay all applicable and required inspection.
[Added 10-17-2023 by Ord.
No. MC-5468; amended 12-12-2023 by Ord. No. MC-5479; 4-9-2024 by Ord. No. MC-5496]
A. The fees incurred by the City of Camden for the use of a certified lead evaluation contractor who has been procured following a procurement process instituted by the City of Camden to provide such lead-based paint inspection services shall be the responsibility of the owner. All of the fees as provided for in this §
450-16 must be paid directly to the City of Camden prior to the lead-based inspection services being provided.
B. The fee for a dust wipe sampling inspection shall be based on the
City's actual cost incurred and may vary based on the square
footage and number of bedrooms in a rental unit.
C. There is an additional assessment of $40 per dwelling unit which
encompasses fees for the City and the state. This $40 per dwelling
assessment includes an assessment pursuant to N.J.S.A. 52:27D-437.1
et seq. which requires the assessment of a $20 fee per dwelling unit,
for the New Jersey Lead Hazard Control Assistance Fund, unless the
owner demonstrates that the New Jersey Department of Community Affairs
has already assessed the additional inspection fee of $20. The other
$20 of the $40 assessment covers the City's administrative costs
associated with the requirements of the lead-based paint inspection
law.
D. In a common-interest community, any inspection fee charged pursuant
to this subsection shall be the responsibility of the unit owner and
not the homeowner's association, unless the homeowners'
association is the owner of the unit.
[Added 10-17-2023 by Ord.
No. MC-5468; amended 12-12-2023 by Ord. No. MC-5479]
A. At the time of enactment of P.L. 2021, c. 182 (N.J.S.A. 52:27D-437.16),
the New Jersey Department of Community Affairs identified the City
of Camden as a municipality in which at least 3% of children tested,
six years of age or younger, have blood lead level greater than or
equal to five ug/dL according to the central lead screening database
maintained by the New Jersey Department of Health pursuant to Section
5 of P.L. 1995, c. 328 (N.J.S.A. 26:2-137.6) then the City of Camden
shall inspect for lead-based paint hazards through dust wipe sampling.
B. If, in the future, the New Jersey Department of Community Affairs designates the City of Camden as a Municipality in which less than 3% of children tested, six years of age or younger, have a blood lead greater than or equal to five ug/dL, then inspection required by this §
450-16 shall be performed through a visual assessment.
[Added 10-17-2023 by Ord.
No. MC-5468; amended 12-12-2023 by Ord. No. MC-5479]
A. If lead-based paint hazards are identified, the Department of Code
Enforcement, or lead evaluation contractor, shall notify the New Jersey
Department of Community Affairs, Division of Local Government Services,
who will review the findings in accordance with Section 8 of the Lead
Hazard Control Assistance Act, P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.8).
B. The owner, landlord, and/or agent of the dwelling shall remediate
the lead-based paint hazard using lead abatement or interim controls.
The owner shall choose the appropriate remediation mechanism.
C. Interim Controls shall be performed, in accordance with the requirements
of HUD at 42 U.S.C. § 4851b and detailed within HUD Guidelines
for the Evaluation and Control of Lead-Based Paint Hazards in Housing.
D. Abatement work shall be performed in accordance with the requirements
of the Lead Hazard Evaluation and Abatement Regulations, N.J.A.C.
5:17.
E. Any relocation of tenants required pursuant to a remediation shall
be undertaken, in accordance with applicable law.
F. Upon conclusion of the remediation, the following procedure shall
be followed:
(1)
If the owner utilized interim controls for remediation, the
Housing Inspector, or lead evaluation contractor, shall conduct an
additional inspection within 60 days of the initial inspection by
using dust wipe sampling. If the inspection shows that the lead-based
paint hazard no longer exists, a lead-safe certification will be issued
and the certification shall be valid for a period of two years from
the date of issuance; and
(2)
If the owner utilized lead abatement for remediation, and a
lead abatement certificate has been issued in accordance with N.J.A.C.
5:17, then the lead-free certificate issued at the final clearance
inspection shall exempt the dwelling from future periodic lead-based
paint inspections.
[Added 10-17-2023 by Ord.
No. MC-5468; amended 12-12-2023 by Ord. No. MC-5479]
A. Pursuant to N.J.S.A. 52:27D-437.6 and N.J.A.C. 5:28A-4.1, the Housing Inspector is authorized to conduct investigations and issue penalties in order to ensure a rental dwelling's landlord's, owner's or agent's compliance with this §
450-16.
B. The owner of the dwelling shall first be given a period of 30 calendar
days to cure any violation by conducting the required inspection or
initiating any required remediation efforts.
C. If the owner of the dwelling has not cured the violation within that
time period, they shall be subject to a penalty, not to exceed $1,000
per week, until the required inspection has been conducted or the
remediation efforts have been initiated.
D. 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.
E. Owners who fail to maintain valid lead safe certificates are prohibited
from renewing their annual rental licenses.
[Added 10-17-2023 by Ord.
No. MC-5468; amended 12-12-2023 by Ord. No. MC-5479]
The landlord, owner and/or agent shall:
A. Provide to the tenant and the City of Camden, evidence of a valid lead-safe certification obtained pursuant to this §
450-16 at the time of tenant turnover and affix a copy of such certification as an exhibit to the tenant's lease.
B. Provide evidence of a valid lead-safe certification obtained pursuant to §
450-16, as well as 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.
C. Maintain a records of lead-safe certification, which shall include
the name or names of a dwelling unit's tenants, if inspection
was conducted during the period of tenancy.
D. Shall inform the City of Camden of all tenant turnover activity to
ensure that any required inspection may be scheduled.
E. Shall provide a copy of this §
450-16, 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.
[Added 10-17-2023 by Ord.
No. MC-5468; amended 12-12-2023 by Ord. No. MC-5479]
A. Pursuant to N.J.A.C. 5:28A-2.1(d), the Department of Code Enforcement
shall exercise appropriate oversight of a landlord or owner who chooses
to hire a lead evaluation contractor to perform the periodic lead-based
paint inspection.
B. Pursuant to N.J.A.C. 5:28A-3.2, the Department of Code Enforcement shall maintain a record of all dwellings subject to this §
450-16, which shall include up-to-date information on inspection schedules, inspections results, and tenant turnover.
C. The Department of Code Enforcement shall maintain a record of all
lead-safe certifications issued pursuant to N.J.A.C. 5:28A-2.4:
(1)
If a lead evaluation contractor performs inspections for the
City, the lead evaluation contractor shall provide a copy of the lead-safe
certification to the City;
(2)
When the owner hires a lead evaluation contractor to perform
the inspections, the lead evaluation contractor shall provide a copy
of the lead-safe certification to the City.
D. The Department of Code Enforcement shall maintain a record of all
lead-free certification that have been issued pursuant to N.J.A.C.
5:17.