No person, firm, association or corporation shall deposit or cause or permit to be deposited, or permit or allow to be continued (if previously deposited), upon any land or in any building, any substances such as cans, metal, cloth, paper or other rubbish, or garbage or offal, which may tend to harbor rats or mice or otherwise create the possibility of fire, or which shall otherwise in any manner tend to affect the public health.
[HISTORY: Adopted by the Township Committee of the Township of Westampton as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-25-1943; amended 2-28-1974 by Ord. No. 1-1974]
In the event of necessity, or if the depositing of any such materials shall be claimed to be without any of the effects sought to be avoided by virtue of this chapter, the person or persons seeking to make such deposit shall first make application to the Township Committee, in writing, therein specifying the location of the property upon which material is to be deposited, the name of the depositor, the name of the owner or other persons interested in the title to said lands and the nature of the material and the manner in which the same is to be deposited or otherwise disposed of as well, also, as any other and additional information which the Township Committee of said township may deem necessary. If, following investigation and determination of said application, the Township Committee shall, by majority vote, determine that such disposition of the material specified shall not be injurious to health or the cause of creation of vermin or other pests and shall not be the creation of a fire menace, and that the same shall not in any other manner be a source of public or private nuisance, a written permit for such work in the manner specified may be issued in accordance with the resolution of said Township Committee for such purpose.
Any person, firm, association or corporation presently owning or renting any building or tract of land in which is now deposited any of the materials mentioned or otherwise referred to in § 180-1 of this chapter shall immediately remove such materials and abate such nuisance or shall be subject to the penalties of this chapter.
Any person or persons, firm, association or corporation violating the provisions of this chapter or any part thereof shall, upon conviction, be subject to a fine of not exceeding $500 or imprisonment for not exceeding 90 days, or both, in the discretion of the Judge of the Municipal Court or other officer before whom hearing thereon is held, and such fine may be imposed, collected and enforced in accordance with N.J.S.A. 40:49-5 (1937), or the amendments thereof or supplements thereto.
[Adopted 3-5-2024 by Ord. No. 5-2024]
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 and conducted pursuant to N.J.A.C. 5:28A-2.3.
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.
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 enters a vacant dwelling unit.
A visual examination for deteriorated paint or visible surface dust, debris, or residue, including XRF (X-ray fluorescence) analysis.
A.
A Lead Evaluation Contractor retained by the Township shall inspect every single-family, two-family, or multiple rental dwelling located in the Township of Westampton 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 by the Township's Lead Evaluation Contractor, 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.
C.
In accordance with N.J.S.A. 52:27D-437.16(c), 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 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 (lead-safe certifications are valid for two years from the date of issuance pursuant to N.J.A.C. 5:28A-24.)
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 no later than July 22, 2024, or upon a tenant turnover after the effective date of this article, whichever is earlier.
E.
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 every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
F.
If lead-based paint hazards are identified, then the owner, landlord, and/or agent of the dwelling shall remediate the lead-based paint hazard using lead abatement or lead-based control methods in accordance with N.J.S.A. 52:27D-437.16(d).
G.
If no lead-based paint hazards are identified, then the Township's Lead Evaluation Contractor shall certify the dwelling as lead-safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years.
H.
Pursuant to N.J.S.A. 52:27D-437.16(e), property owners shall:
(1)
Provide evidence of valid lead-safe certification and the most recent tenant turnover at the time of the inspection.
(2)
Provide evidence of a valid lead-safe 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 by a Lead Evaluation Contractor or permanent local agency pursuant to § 116-35C.
(3)
Maintain records of lead-safe certification, which shall include name(s) of the unit tenant(s), if inspection was conducted during a period of tenancy.
I.
Fees.
(1)
The fee for a visual inspection and dust wipe sampling inspection performed by the Township's Lead Evaluation Contractor shall be based on the Township's actual costs following a procurement by the Township of a certified Lead Evaluation Contractor and may vary based on the square footage and number of bedrooms in a rental unit and a separate Township administrative fee for every dwelling unit inspected by the Township's Lead Evaluation Contractor or the owner's private lead evaluation contractor.
(2)
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of $20 per dwelling unit inspected by the Township's Lead Evaluation Contractor or the owner's private lead evaluation contractor shall be assessed for the purpose of the Lead Hazard Control Assistance Act, unless the 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.
(3)
In a common interest community, any inspection fee charged pursuant to this subsection shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.
Penalties for violation of this article shall be as follows:
A.
If a property owner has failed to conduct the required inspection or initiate any remediation as required by N.J.S.A. 52:27D-437.1 et seq. the owner shall have 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.
C.
Remediation efforts shall be considered to be initiated when the unit owner/landlord or agent has hired a Lead Abatement Contractor or otherwise qualified party to perform lead-hazard control methods.