[Adopted 12-5-2024 by Ord. No. 1103]
Unless specifically outlined below, a code defining and authorizing the periodic inspection of premises by an enforcing official concerning lead-based paint, compelling residents to abate identified lead hazards, explaining the relevant procedures, and prescribing penalties for failure to address violations in a timely manner is hereby established in accordance with P.L. 2021, c. 182 and N.J.A.C. 5:28A et seq.
Said code established and adopted by this article is described and commonly known as N.J.A.C. 5:28A Lead-Based Paint Inspections in Rental Dwellings.
Three copies of said N.J.A.C. 5:28A Lead-Based Paint Inspections in Rental Dwellings have been placed on file in the office of the Borough Clerk upon the introduction of this article and will remain on file there for use and examination by the public.
A. 
The dwelling owner, landlord, or agent of a single-family, two-family, and/or multiple rental dwelling property located within the Borough shall register such rental dwelling with the Borough by completing, providing all information called for by, and signing a form prescribed by the Code Enforcement Officer and filling such completed and signed form with the Code Enforcement Officer within two weeks after the effective date of this article or on or before the date that such owner takes title to such rental dwelling. The Code Enforcement Officer shall maintain all such completed and signed forms in his or her office.
B. 
Each owner or their representative who applies for a rental certificate for a rental property shall obtain a lead-free certification from an approved third party. The inspections and lead-free certifications will not be provided by the Borough.
C. 
The dwelling owner, landlord, or agent of a rental property shall directly hire a lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of Subsection B of this section. Copies of all subsequential results, reports, and/or certificates must be provided to the Code Enforcement Officer as part of the established registration application.
In addition to the fees required to obtain a rental certificate, the applicant shall pay an additional $20, which fee shall be passed through to the New Jersey Department of Community Affairs, Division of Housing and Community Resources.
All property owners and/or businesses of rental dwellings that meet the provision of the aforesaid code of this article and regulations referenced therein must abate their rental dwelling(s) upon identification and notice of lead hazard(s) that were discovered as a result of observations made during a lead-based paint inspection. The abatement of lead hazards must conform to regulations found within N.J.A.C. 5:28A and N.J.A.C. 5:17, which encompasses and/or outlines protocols for lead abatement and clearance.
This article may be enforced by and in the name of the Monmouth County Regional Health Commission No. 1 and/or the Borough with the assistance of the Code Enforcement Officer by proceedings instituted and prosecuted in a court having jurisdiction of such proceedings within the Borough.
A. 
If a dwelling owner falls to comply with any provision of this article or the requirements of P.L. 2021, c. 182, and N.J.A.C. 5:28 et seq., the owner shall be given a period of 30 days to cure any violation by conducting the required inspection or initiating any required remediation efforts.
B. 
If the owner of a dwelling has falled to cure the violation within 30 days, the owner shall be subject to a penalty of up to $1,000 per week (every seven days) until the required inspection has been conducted or the remediation efforts have been initiated. Remediation efforts shall be considered to have initiated when the dwelling owner has hired a lead abatement contractor or other qualified party to perform lead-hazard control methods.