[HISTORY: Adopted by the Mayor and Council of the Borough of Sea Bright as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-20-2004 by Ord. No. 9-2004;[1] amended in its entirety 11-17-2020 by Ord. No. 12-2020]
[1]
Editor's Note: This ordinance also repealed former Ch. 161, Property Maintenance, adopted 3-5-1996 by Ord. No. 32-96, as amended 12-15-1998 by Ord. No. 94-98.
A certain document, three copies of which are on file in the office of the Municipal Clerk of the Borough of Sea Bright, being marked and designated as the "International Property Maintenance Code, 2018 Edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Sea Bright, in the State of New Jersey, for regulating and governing the conditions and maintenance of all property, buildings and structures by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use, and for the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such existing structures as herein provided, and providing for the issuance of permits and collection of fees therefor, and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Municipal Clerk of the Borough of Sea Bright are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 161-2 of this chapter.
The following sections of the International Property Maintenance Code 2018 are hereby revised:
A. 
In Section 101.1 insert "Borough of Sea Bright."
B. 
In Section 103.5 insert "Fees shall be within limits provided by the State of New Jersey or local ordinance."
C. 
Section 112.4 shall be amended as follows:
112.4 Failure to comply. Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a penalty as provided in § 161-3 of the Borough Code.
D. 
Section 301.3 shall be amended so as to read, in its entirety, as follows:
301.3 Vacant structures and open land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. If property is deemed to be in violation of this chapter by the Public Officer, all commercial open yards and commercial open storage areas, vacant or otherwise, shall be completely screened from adjacent premises and the public right-of-way by a six-foot solid screen fence. The provisions of Chapter 130, Land Use, of the Borough Code regarding other requirements for outdoor storage shall apply notwithstanding these provisions. Nothing in this chapter shall grant a property owner the right to continue having a six-foot fence as part of a future development application.
E. 
Section 302.4 shall be amended as follows:
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches (152.4 millimeters).
F. 
In Section 304.14 insert "April 1 through November 1."
G. 
In Section 602.3 insert "October 1 through May 1 of the succeeding year."
H. 
In Section 602.4 insert "October 1 through May 1 of the succeeding year."
Any initial violation of the Property Maintenance Code of the Borough of Sea Bright shall be subject to a penalty as provided in Chapter 1, Article I, General Penalty. The monetary penalty imposed shall be in effect and continue to accrue on a per diem basis for each day that the violation goes unabated.
[Adopted 7-18-2023 by Ord. No. 10-2023]
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.
After the initial inspection required by § 161-4, 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.
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., as may be amended from time to time.
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; or
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 form 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).
If lead-based paint hazards are identified, then 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). Upon the remediation of the lead-based paint hazard, the Code Enforcement Officer or designee, as may be applicable, or the owner's private lead inspector, shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
If no lead-based paint hazards are identified, then the Code Enforcement Officer or designee or the owner's private 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 Code Enforcement Officer. The Code Enforcement Officer shall maintain up-to-date information on inspection schedules, inspection results, tenant turnover and a record of all lead-free certifications issued pursuant to N.J.A.C. 5:17.
In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall:
A. 
Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Borough at the time of the cyclical inspection.
B. 
Provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease.
C. 
Maintain a record of the lead-safe certification which shall include the name or names of the unit's tenant or tenants if the inspection was conducted during a period of tenancy.
A. 
Notwithstanding any other fees due pursuant to this chapter, a fee in the amount of $50 shall be paid for each lead-based paint inspection. Said fee shall be dedicated to meeting the costs of implementing and enforcing this subsection and shall not be used for any other purpose. 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 § 161-4 in which case no additional lead-based paint inspection fee shall be paid.
B. 
The fee for the filing of a lead-safe certification or lead-free certification shall be $25.
C. 
In a common interest community, any inspection fee charged shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of article shall be as follows:
A. 
If a property owner has failed to conduct the required inspection or initiate any remediation efforts, the owner shall be given 30 days to cure the violation.
B. 
If the property owner has not cured 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.