N.J. Admin. Code § 5:28A-4.1
Current through Register Vol. 56, No. 23, December 2, 2024
Section 5:28A-4.1 - Municipal enforcement(a) A municipality, or its permanent local agency, shall be authorized to conduct investigations and issue penalties in order to enforce a property owner's failure to comply with this chapter.1. The owner of the dwelling shall first be given a period of 30 days to cure any violation by conducting the required inspection or initiating any required remediation efforts.2. If the owner of the dwelling has not cured the violation within that time period, they shall be subject to a penalty, not to exceed $ 1,000 per week, until the required inspection has been conducted or the remediation efforts have been initiated. Remediation efforts shall be considered to be initiated when the dwelling owner has hired a lead abatement contractor or other qualified party to perform lead-hazard control methods.(b) Pursuant to N.J.A.C. 5:28A-2.1(d), the municipality shall exercise appropriate oversight of a landlord or owner who chooses to hire a lead evaluation contractor to perform the periodic lead-based paint inspection.(c) Upon the filing of a complaint with the Department by any person, or on the Department's initiative, the Department shall be authorized to conduct investigations and issue penalties against a municipality for its failure to comply with this chapter. 1. The municipality shall be given a period of 30 days to undertake necessary inspections of dwellings subject to this chapter and provide proof of inspection to the Department. Proof of inspection shall be in the form of lead-safe certifications issued pursuant to this chapter, or notification that a lead-based paint hazard exists in a dwelling, and that remediation will be initiated.2. If the municipality has not cured the violation within that time period, it shall be subject to a penalty not to exceed $ 1,000 per week until the necessary action has been taken.N.J. Admin. Code § 5:28A-4.1
Adopted by 55 N.J.R. 829(a), effective 5/1/2023