[Adopted 4-12-2022 by Ord. No. 22-037]
For the purpose of this article, the following terms are defined
as set forth herein:
The City of Paterson.
A licensed vendor that contracts with the PVWC to replace
lead service lines.
A building or structure or part thereof containing one or
more dwelling units. This chapter shall also apply to buildings and
structures that are not used for residential purposes.
Any room or groups of rooms or any part thereof located within
a building and forming a single habitable unit with facilities which
are used or designed to be used for living, sleeping, cooking, eating
or bathing.
Any condition that does not allow access or exposure to lead,
in any form, to the extent that adverse human health effects are possible.
The water line on private property that leads to the structure
or building that is connected to the main City of Paterson water line.
A person or persons in actual possession of and living in
the building or dwelling unit.
Any person who has legal title to any dwelling, with or without
accompanying actual possession thereof; or, who has equitable title
and is either in actual possession or collects rents therefrom; or,
who is executor, executrix, trustee, guardian, or receiver of the
estate of the owner, or as mortgagee or as vendee in possession either
by virtue of a Court order or by agreement or voluntary surrender
of the premises by the person holding the legal title, or as collector
of rents has charge, care or control of any dwelling or rooming house.
The water purveyor for the City of Paterson, its agents and
successors.
A.
PVWC, its agents and successors are hereby authorized to enter any
property within Paterson to perform a lead service line replacement
pursuant to P.L. 2019, c. 291,[1] but shall not enter any part of the property that is not
directly related to performing a lead service line replacement. The
service line shall include all piping and fittings connecting the
water main to the property and shall include the water meter.
[1]
Editor's Note: See N.J.S.A. 58:12A-39.
A.
At least two weeks before entering a property to perform a lead service
line replacement, PVWC shall notify the owner of record of the property
and any residents of the property of the lead service line replacement.
B.
PVWC shall make every effort to notify the owner of record and any
residents of the property in person, but if the owner or residents
are unable to be reached in person, PVWC shall send, by certified
mail, a notification to the owner and any residents or post a notification
in a prominent location on the property.
C.
Notification by certified mail shall be written in both English,
Spanish and Arabic and shall include:
(1)
The scheduled date and time of the lead service line replacement;
(2)
Whether PVWC employees will be performing the service line replacement,
and if not, the entity performing the service line replacement;
(3)
The extent of any water service disruptions resulting from the service
line replacement;
(4)
Any locations where residents can access supplemental drinking water
due to any service disruptions; and
(5)
That if PVWC is unable to gain access to the property in order to
replace the lead service line, the City of Paterson shall impose a
daily fine of not more than $250 on the owner, until a lead service
line replacement is performed. A property owner or tenant may make
application for a hardship waiver of the fine upon written notice
to the Business Administrator.
A.
PVWC, its agents, successors or contractors shall obtain approval
for work permits relating to the service line replacement.
A.
PVWC, its agents, successors or contractors shall make repairs no
earlier than 8:30 a.m. or after 6:30 p.m. Monday through Friday, and
no earlier than 9:30 a.m. to 4:30 p.m. on Saturdays. No lead line
replacement work shall be conducted on Sundays.
A.
Upon completion of the lead service line replacement, PVWC shall
send a letter to the owner of the property confirming the replacement,
and the date which the work was performed.
B.
On an ongoing basis, but not later than every 60 days, PVWC shall
inform Paterson as to which properties it has successfully performed
a lead service line replacement, and which properties it was unable
to perform a lead service line replacement due to an inability to
gain access to the property.
A.
The Community Improvement Department ("Department") shall impose
a daily fine of not more than $250 on the owner of any property where
PVWC was unable to perform a lead service line replacement because
it was unable to gain access to the property, until a lead service
line replacement is performed. A property owner or tenant may make
application for a hardship waiver of the fine upon written notice
to the Business Administrator.
B.
The Construction Official shall further deny the issuance of a certificate
of occupancy (CO) or certified certificate of occupancy (CCO) for
any property until a lead service line replacement has been performed.
