[Amended 5-18-2020 by Ord. No. 2020-12; 9-19-2022 by Ord. No. 2022-15; 5-19-2025 by Ord. No. 2025-13; 8-18-2025 by Ord. No. 2025-17]
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) 
Failure to obtain inspection certificate. If an owner or operator fails to obtain an inspection certificate, a notice of violation shall be issued. The penalties for such violations are as follows:
[1] 
Residential structures: $500 and the obtainment of an inspection certificate.
[2] 
Commercial structures: $1,000 and the obtainment of an inspection certificate.
C. 
Lead-based paint inspections.
(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 $70 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.
A. 
Conditional occupancy.
(1) 
If, in the opinion of the Public Officer, only minor violations are found to exist after inspection, a new occupant may be permitted to conditionally occupy the dwelling unit. Where a dwelling unit is occupied prior to the issuance of an inspection certificate, the owner or operator shall make all required repairs within 15 days after the mailing of written notification from the Public Officer. Such occupancy. however, shall, at all times, be subject to the issuance of an inspection certificate.
(2) 
Where occupancy has been permitted under this provision, the owner or operator shall obtain a signed statement from the occupant acknowledging that such occupancy is subject to an inspection certificate and granting permission to the Public Officer to enter into the premises at a later date for the purpose of reinspection.
B. 
Minor violations shall be construed to mean violations not exceeding a total cost of $200 and which do not present an immediate danger to the health, safety or welfare of the occupant.
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.