[Amended 5-18-2020 by Ord. No. 2020-12]
A. Residential structures.
(1) When required. No owner or operator of a single-family or a multiple-family
dwelling shall permit the occupancy of a dwelling unit by a tenant
not previously occupying said dwelling unit without first obtaining
an inspection certificate from the Public Officer. All inspections
required hereunder shall be made within 10 days after receipt of a
written request from the owner or operator.
(2) When not required. No inspection certificate shall be required:
(a)
For 12 months after issuance of a certificate of occupancy for
a new dwelling unit, unless the dwelling unit is sold within the twelve-month
period.
(b)
When an existing tenant remains in the same dwelling unit under
a new lease or as a holdover.
(3) Resale only certificates may be issued provided that a notarized
letter is received from a purchaser's attorney that the dwelling will
not be occupied until an inspection certificate pursuant to this chapter
or a certificate of occupancy has been issued.
B. Commercial structures.
(1) When required. No owner or operator of a commercial structure shall
permit the occupancy of a commercial structure by a tenant not previously
occupying said commercial structure without first obtaining an inspection
certificate from the Public Officer. All inspections required hereunder
shall be made within 10 days after receipt of a written request from
the owner or operator.
(2) When not required. No inspection certificate shall be required:
(a)
For 12 months after issuance of a certificate of occupancy for
a new commercial structure, unless the commercial structure is sold
within the twelve-month period.
(b)
When an existing tenant remains in the same commercial structure
under a new lease or as a holdover.
C. Lead-based
paint inspections.
[Added 9-19-2022 by Ord. No. 2022-15]
(1) Required initial inspection. The owner, landlord and/or agent of
every single-family, two-family, and/or multiple dwelling unit offered
for rental shall be required to obtain an inspection of the unit for
lead-based paint hazards within two years of the effective date of
the law, July 2, 2022, or upon tenant turnover, whichever is earlier.
(2) Required recurring inspection. After the initial inspection required by Subsection
C(1) the owner, landlord and/or agent of such 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.
(3) Standards. Inspections for lead-based paint in rental dwelling units
shall be governed by the standards set forth in N.J.S.A. 52:27D-437.1
et seq., and N.J.S.A. 55:13A-1 et seq.
(4) Exceptions. 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, or for the fees for
such inspection or evaluation, if the unit:
(a)
Has been certified to be free of lead-based paint;
(b)
Was constructed during or after 1978;
(c)
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," N.J.S.A. 55:13A-1, et seq.;
(d)
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
(e)
Has a valid lead-safe certification issued in accordance with
N.J.S.A. 52:27D-437.16(d)(2).
(5) Fees. Notwithstanding any other fees due pursuant to this chapter,
the following fees shall be paid:
(a)
Inspection fee. A dwelling owner or landlord shall owe a fee
in the amount of $220 shall be paid for each lead-based paint inspection
conducted by the Borough. Said fee shall be dedicated to meeting the
costs of implementing and enforcing this subsection and the required
contribution to the New Jersey Lead Hazard Control Assistance Fund
(N.J.S.A. 52:27D-437.16(h)) and shall not be used for any other purpose.
(b)
Administrative fee. Alternatively, 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 satisfy the requirements of §
212-32C(1) in which case a $50 administrative fee shall be paid. Said fee shall be dedicated to the costs of monitoring compliance with this subsection.
An inspection certificate shall be issued by
the Public Officer only after examination of the dwelling unit and
favorable findings as to matters which are embraced in this chapter
and other applicable laws of the Borough of Leonia and State of New
Jersey.
Application for an inspection certificate shall be submitted, in writing, to the Public Officer accompanied by a fee as set forth in Chapter
123, Fees. In the event that reinspection is required by reason of a failure to comply with the terms of this chapter or any other law the applicant shall submit an additional fee as set forth in Chapter
123, Fees, prior to each subsequent inspection.
The Public Officer or his delegate acting as
an inspector shall be supplied with official identification and shall
exhibit such identification when entering any dwelling unit, building
or part thereof, subject to this chapter. Such persons making inspections
shall conduct themselves as to avoid intentional embarrassment or
inconvenience to the occupant. The purpose of the visit shall be explained
to the occupant.