[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of West Windsor as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-27-1979 by Ord. No. 79-39 as Sec. 10-2 of the Revised General Ordinances]
The Health Officer of the Township is hereby designated as the officer to exercise the powers prescribed in this article, and the Health Officer shall serve in such capacity without any additional salary.
[Amended 6-8-1981 by Ord. No. 81-20]
A. 
The Health Officer 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 article, including the following, in addition to others herein granted:
(1) 
To investigate the building conditions in the Township in order to determine which buildings therein are unfit for human habitation or occupancy or use.
(2) 
To administer oaths and affirmations, examine witnesses and receive evidence.
(3) 
To enter upon premises for the purpose of making examination, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
(4) 
To appoint and fix duties of such officers, agents and employees as deemed necessary to carry out the purposes of this article.
(5) 
To delegate any functions and powers under this article to such officers and agents as the Health Officer may designate.
B. 
If an actual and immediate danger to life is posed by the threatened collapse of any fire-damaged or other structurally unsafe building, the public officer may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgment in summary proceedings for the demolition thereof.
[Amended 4-19-1999 by Ord. No. 99-07]
C. 
Nothing in this article shall be construed to impair or limit in any way the power of the Township to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
For the purpose of this article, the Health Officer may determine that a building is unfit for human habitation or occupancy or use if the Health Officer finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of the Township. Such conditions may include the following (without limiting the generality of the foregoing):
A. 
Defects therein increasing the hazards of fire, accident or other calamities.
B. 
Lack of adequate ventilation, light or sanitary facilities.
C. 
Dilapidation.
D. 
Disrepair, structural defects or uncleanliness.
[Amended 4-19-1999 by Ord. No. 99-07]
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the New Jersey State Housing Code, except the part or parts thereof which are deleted and amended on the copy annexed thereto, is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. A copy of the New Jersey State Housing Code is on file in the Clerk's office.
[Amended 6-8-1981 by Ord. No. 81-20]
Whenever a petition is filed with the Health Officer by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the Township charging that any building is unfit for human habitation or occupancy or use as herein defined, or whenever it appears to the Health Officer (on the Health Officer's own motion) that any building is unfit for human habitation or occupancy or use as herein defined, the Health Officer shall, if said Health Officer's preliminary investigation discloses a basis for such charge, issue and cause to be served upon the owner of and parties in interest in such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Health Officer (or the Health Officer's designated agent) at a place therein fixed not less than seven days nor more than 30 days after the serving of the complaint; that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the time and place fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Health Officer.
If after such notice and hearing the Health Officer determines that the building under consideration is unfit for human habitation or occupancy or use as herein defined, the Health Officer shall state, in writing, the findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order:
A. 
Requiring the repair, alteration or improvement of said building to be made by the owner within a reasonable time, which time shall be set forth in the order, or, at the option of the owner, to vacate or to have said building vacated and closed within the time set forth in the order.
B. 
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve the same building within the time specified in the order, requiring that the owner remove or demolish the building within a reasonable time as specified in the order of removal.
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 building, the Health Officer may cause such building to be repaired, altered or improved or to be vacated and closed, and the Health Officer may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
B. 
If the owner fails to comply with an order to remove or demolish the building, the Health Officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.
[Amended 6-8-1981 by Ord. No. 81-20]
A. 
The amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this article determined in favor of the Township and the cost of such repairs, alterations or improvements or vacating and closing or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof shall be a municipal lien against the real property upon which such cost was incurred.
B. 
If the building is removed or demolished by the Health Officer, said Health Officer shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Township Tax Assessor or other custodian of the records of tax liens, and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Health Officer, shall be secured in such manner as may be directed by such Court and shall be disbursed according to the order or judgment of the Court to the persons found to be initiated thereto by final order or judgment of such Court.
[Amended 6-8-1981 by Ord. No. 81-20]
Complaints or orders issued by the Health Officer pursuant to this article shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons are unknown and the same cannot be ascertained by the Health Officer in the exercise of reasonable diligence, and the Health Officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once in a newspaper printed and published in the Township or, in the absence of such newspaper, in one printed and published in the county and circulating in said Township. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of such complaint or order shall be duly recorded or lodged for record with the county recording officer of the county in which the building is located.
No person shall occupy or rent to another for occupancy any building or part thereof for human habitation or use after having been served with an order issued pursuant to § 100-6 relating to such building or part thereof and after failure of compliance with such order, but this section shall not apply to rental or occupancy under a temporary permit issued by the Health Officer authorizing rental or occupancy for a specified period during the making of repairs, alterations and improvements required by such order.
Any person, firm or corporation who shall fail to comply with any order of the Health Officer made pursuant to § 100-6 or who shall violate § 100-10 or who shall interfere in any way with the Health Officer or any other officer, agent or employee engaged in carrying out the provisions of this article shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, General Provisions, Article II, Penalty, § 1-3. Any penalty imposed pursuant to this section and any action taken to enforce any such penalty shall be in addition and supplemental to any other remedies, proceedings or actions taken or authorized to be taken pursuant to the provisions of this article.
A. 
Nothing in this article shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise, nor is anything in this act intended to limit the authority of the enforcing agency or Construction Official under the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) or any rules or regulations adopted thereunder.
B. 
Nothing in this article shall be construed to abrogate or impair the power of the Township or any officer or department thereof to enforce any provisions of its ordinances or regulations or to prevent or punish violations thereof, and the powers conferred by this article shall be in addition and supplemental to the powers conferred upon the Township by any other law or ordinance.
[Adopted 12-11-2023 by Ord. No. 2023-25]
A. 
The Construction Code Official, Fire Official, Health Officer, Zoning Officer or other designated and duly authorized employees designated by the Business Administrator of the West Windsor Township shall administer, implement and enforce the provisions of this article.
B. 
In the absence of a permanent local agency responsible for rental housing inspections and the issuance of certificates of occupancy for said units, the term "municipal lead inspector" shall mean a lead evaluation contractor retained by the Township.
A. 
Initial lead paint hazard inspection required. The owner of every single-family, two-family, and multiple rental dwelling constructed prior to 1978 shall obtain an initial lead paint hazard inspection of said unit and file a lead-safe or lead-free certificate with the Township prior to July 22, 2024, or upon tenant turnover, whichever is sooner, in accordance with N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-1.1 et seq.
B. 
Periodic lead paint hazard inspection and certification required. Following the initial lead paint hazard inspection and filing of a lead-safe certification per § 100-15A, property owners shall:
(1) 
Obtain a lead paint hazard inspection and file a valid lead-free or lead-safe certification of every nonexempt, single-family, two-family, and multiple rental dwelling constructed prior to 1978, every three years, or upon tenant turnover, whichever is earlier, except, inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification at the time of tenant turnover.
(2) 
Provide evidence of a valid lead-safe or lead-free 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.
(3) 
Maintain records of lead-safe and/or lead-free certifications for prior six years, which shall include name(s) of the unit tenant(s), if inspection was conducted during a period of tenancy.
C. 
Standards. Inspections for lead-based paint hazards in rental dwelling units shall be governed by the standards set forth in N.J.S.A. 52:27D-437.16 et seq., and N.J.S.A. 55:13A-1 et seq., as may be amended from time to time.
D. 
Township-facilitated inspection. A municipal lead inspector designated by the Township shall be authorized and empowered to conduct periodic lead-based paint inspections for all applicable rental dwelling units in accordance with N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-1.1 et seq.
(1) 
Notice of inspection.
(a) 
Requests for Township-facilitated initial inspections must be submitted in writing by the property owner prior to April 1, 2024, or a minimum of 20 business days prior to the scheduled date of tenant turnover. It is the responsibility of the property owner to schedule inspections.
(b) 
Requests for Township-facilitated periodic inspections must be submitted in writing by the property owner a minimum of 20 business days prior to the scheduled date of tenant turnover or expiration of the valid lead-safe certification. It is the responsibility of the property owner to schedule inspections.
(2) 
Required inspection fees per § 82-26 and applications shall be received by Township a minimum of two business days prior to a scheduled inspection. Inspections or reinspections shall not be conducted prior to receipt of fees by the Township.
(3) 
Every inspection for which the landlord, tenant, owner or agent has failed to provide access for inspection shall be deemed a failed inspection and the inspection fees shall be forfeited. If an owner desires to cancel an inspection, a written notice of cancellation must be provided to the Township a minimum of 48 business hours in advance of the scheduled inspection. Business hours are Monday, through Friday, 9:00 a.m. through 5:00 p.m. excluding holidays.
E. 
Owner option to designate a private lead evaluation contractor.
(1) 
A dwelling owner or landlord may hire a private lead evaluation contractor certified to provide lead paint inspections services in accordance with N.J.S.A. 52:27D-437.16 et seq., to conduct lead paint inspections and provide lead-safe or lead-free certificates in lieu of obtaining a Township-facilitated inspection.
(2) 
Notwithstanding this option, the Township retains the authority to conduct inspections or investigations of landlords or owners that directly hire private lead evaluation contractors to ensure periodic lead-based paint inspections are being performed in accordance with this chapter. The Township also retains the authority to prohibit an owner from directly hiring a private lead evaluation contractor to conduct a periodic lead-based paint inspection where: (i) 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 (ii) the Township determines there is a conflict of interest between the owner and their lead-evaluation contractor of choice.
(a) 
If the Township restricts the owner from directly hiring a private lead evaluation contractor, the Township shall provide written notice to the owner that a Township-facilitated inspection is required and fees outlined in § 82-26 shall be applicable.
F. 
If lead-based paint hazards are identified, 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-437.16(d) and N.J.A.C. 5:28A-2.5.
(1) 
If interim controls are used to remediate the hazards, the owner shall obtain a reinspection within 60 days.
(2) 
If abatement is used to remediate the hazards, and a lead abatement clearance 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.
G. 
If no lead-based paint hazards are identified, the 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 and shall be filed with the Township.
Dwelling units in single-family, two-family, or multiple rental dwellings shall be exempt from this article if they meet the stipulations in N.J.S.A. 52:27D-437.16(c).
Fees for the provisions of this article are established in Chapter 82.
A. 
If a property owner fails to conduct a required inspection or initiate remediation as required by N.J.S.A. 52:27D-437.1 et seq., the owner shall be provided a written notice of violation and given 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 until the required inspection has been conducted or remediation efforts have been initiated.