[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood 7-13-1993
as Ord. No. 18-93. Amendments noted where applicable.]
When used in this chapter, the following definitions apply:
A building or structure that is on the same lot as, subordinate to,
under the same ownership or control as and used for the purpose customarily
incident to the use of the main or primary building or structure.
The person appointed pursuant to § 148-2 of this Code to enforce the State Uniform Construction Code.
A structure or portion of a structure that is used for human habitation
and other residential purposes, including any accessory structure.
A structure or portion of a structure that is used for nonresidential
purposes.
Any person who, alone or jointly or severally with others, shall
have legal or equitable title to any premises, with or without accompanying
actual possession thereof, or shall have charge, care or control of any premises
as owner or agent of the owner or as fiduciary, including but not limited
to executor, executrix, administrator, administratrix, trustee, receiver or
guardian of an estate, or as a mortgagee in possession, regardless
of how such possession was obtained. Any person who is a lessee subletting
or reassigning any part or all of any premises shall be deemed to be a co-owner
with the lessor and shall have joint responsibility over the portion of the
premises sublet or assigned by said lessee.
Includes individuals, corporations, companies, firms, associations,
societies, partnerships, groups of persons or any combinations thereof.
A lot, plot or parcel of land, including buildings or structures
thereon.
Anything that is built or constructed and permanently affixed on
or under the ground or upon another structure or building, including accessory
structures.
No owner shall sell, rent or lease any dwelling unit to any person intending
to use the dwelling unit for residential purposes, or allow any person to
inhabit any dwelling unit, or sell, rent, lease or allow the occupancy of
a nonresidential unit, unless the owner has obtained from the Construction
Official a certificate of continued occupancy.
A.
The Construction Official shall issue a certificate of
continued occupancy if, after a general inspection of the visible parts of
the structure, the Construction Official determines that the dwelling unit
or nonresidential unit is fit for human habitation and complies with the Property
Maintenance Code of the Borough of Maywood,[1] if applicable, and all other ordinances of the Borough of Maywood pertaining to building, plumbing, electrical, health, safety, fire, flood protection and minimum building standards, and that no violations of state law or of the State Uniform Construction Code exist, which would prevent the issuance of a certificate of continued occupancy pursuant to that code, or the regulations pursuant to that code. If a certificate of continued occupancy cannot be issued because of any violations, the Construction Official will provide a notice of the violations, which will be further enforced as set forth in Subsection B. The Construction Official may issue a temporary certificate of continued occupancy, calling for a correction of the defects or violations noticed, within 14 days of service of the certificate upon the owner. A temporary certificate of continued occupancy may be issued for a fourteen-day period if the violations found have no significant and immediate impact on the health, safety and welfare of the occupants or prospective occupants of the structure.
B.
If the Construction Official, as a result of a general inspection of the visible parts of the structure, finds any violation as set forth in Subsection A, he shall notify the owner of the violation and allow the owner 14 days to correct the violation, by mailing a written notice by certified mail, return receipt requested and regular mail, or by delivering the notice to the owner or his agent. The notice shall identify the premises and specify the violations and any remedial action. The notice shall state that the failure to correct the violations within the time specified shall constitute a violation of this chapter and may be punishable in accord with § 141-8.
A.
Any owner intending to sell, rent or lease any dwelling unit or allowing any person to inhabit a dwelling unit, or sell, rent, lease or allow the occupancy of a nonresidential unit shall apply to the Construction Official for a certificate of continued occupancy. Within five days of the receipt of the payment of the required fee and the required application form, the owner shall afford the Construction Official the opportunity to inspect the structure and shall consent to the inspection. Within five days of the inspection, the Construction Office will issue a certificate of continued occupancy or temporary certificate, or deny the same, setting forth the reasons as set forth in § 141-3 above.
B.
All applications for such certificates shall be made
in writing and shall state the name and address of the owner of the structure,
the name and address of the owner-occupant or tenant-occupant or any other
occupant of the structure, the name and address, if a sale or transfer of
title, of the seller, transferor, buyer and the new proposed owner-occupancy
or any other proposed occupancy, and the name and address of the renting agent.
It shall also describe the premises to be occupied, including the street address
thereof, and a designation of the portion or portions of the premises or structures
for which the specific application is being made and shall set forth the number
of persons who shall occupy any and all portions of the premises.
C.
All owners or renting agents of real estate or person
or persons applying for a certificate as provided herein shall advise the
Construction Official or his agent of a reasonable time or times that the
inspection may be made and have someone present to assist and provide entry
for the inspection purposes.
If the application for a certificate states that the dwelling unit is
not intended for residential occupancy or human habitation, the Construction
Official may waive the requirement for a certificate of continued occupancy.
The waiver shall state that the dwelling unit shall not be used for human
habitation or residential occupancy until a certificate of continued occupancy
is obtained pursuant to this chapter.
If a dwelling unit or nonresidential unit is not occupied within six
months of the issuance of a certificate of continued occupancy, the certificate
will expire, and a new certificate must be obtained before occupancy.
This chapter shall not apply to hotels, rooming houses or motels that are generally occupied by tenants or guests for less than 30 successive days, dwelling units regulated by the Department of Community Affairs, dwelling units not intended for human habitation or new construction, for which inspection and a certificate of occupancy is required by the Uniform Construction Code and § 209-30 of this Code.
Any person convicted of a violation of this chapter shall be subject
to a fine of not more than $1,000, and/or a prison term not exceeding 90 days.
