In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
adopted for the promotion of the public health, safety, morals and
general welfare. Among other purposes, such provisions are intended
to provide for adequate light, air and convenience of access; to lessen
congestion in the streets; to secure safety from fire and other danger;
to avoid undue concentration of population by regulating and limiting
the height and bulk of buildings wherever erected; to limit and determine
the size of yards, courts and other open spaces; to regulate the density
of population; all with reasonable consideration to the character
of the district and its peculiar suitability for particular uses and
with a view to conserving the value of property and encouraging the
most appropriate use of land throughout the Borough of Totowa.
Any and all other ordinances or parts thereof
in conflict or inconsistent with any of the terms of this chapter
are hereby repealed to such extent as they are so in conflict or inconsistent;
provided, however, that it is not intended by this chapter to interfere
with or abrogate or annul any easements, covenants or other agreements
between parties, except that where this chapter imposes a greater
restriction upon the use of buildings or premises or upon the height
of buildings or requires larger open spaces than are imposed or required
by such other ordinances or such easements, covenants or other agreements,
the provisions of this chapter shall control.
This chapter shall be enforced by the Zoning
Officer who shall, in no case, except as otherwise provided by this
chapter, issue any permit for the erection or structural alteration
of any building nor grant any occupancy permit for any building or
land where the proposed erection, structural alteration or use thereof
would be in violation of any provisions of this chapter.
Nothing herein contained shall require any change
in the plans, construction or designated use of a building for which
a permit has heretofore been issued, or for which plans are on file
with the Construction Code Official at the time of passage of this
chapter, and for the erection of which a permit shall have been issued
within one month from the passage of this chapter, and the construction
of which, in either case, shall have been diligently prosecuted within
three months of the date of such permit, and the ground-story framework
of which, including second tier of beams, shall have been completed
within six months of the date of such permit and which shall have
been completed in its entirety, all according to such plans as have
been filed within one year from the date of passage of this chapter.
A.
A certificate of occupancy shall be obtained from
the Construction Code Official for any of the following:
(1)
Occupancy and use of a building hereafter constructed,
enlarged, relocated, reconstructed or altered.
(2)
A change in the use of an existing building
or change of occupancy of a nonresidential building or part thereof.
(3)
Occupancy and use of vacant land or change in
the use of land except for any use consisting primarily of tilling
the soil.
B.
Every application for a certificate of occupancy shall
be accompanied by the required fee.
C.
No such occupancy, use or change of use shall take
place until a certificate of occupancy therefor has been issued by
the Construction Code Official. No certificate of occupancy shall
be issued unless the proposed occupancy is in full conformity with
all the provisions of this chapter.
D.
Every such application shall refer to the site plan
approval and/or the building permit issued or, if none was required,
shall set forth the additional data required in an application for
a building permit.
E.
A certificate of occupancy shall be required for both
initial and continued occupancy and use of the building or land to
which it applies and shall continue in effect so long as such building
and the use thereof or the use of such land is in full conformity
with the provisions of this chapter and any requirements made pursuant
thereto; however, on the serving of notice of any violation of any
said provisions or requirements with respect to any building or use
thereof of land, the certificate of occupancy for such use shall thereupon,
without further action, be null and void, and a new certificate of
occupancy shall be required for any further use of such building or
land.
F.
Duplicate copies of every certificate of occupancy
issued thereafter shall be filed with the Borough Clerk and the Borough
Assessor. A record of all certificates of occupancy shall be kept
in the office of the Construction Code Official, and copies shall
be furnished, on request, to the Planning Board or to any person having
any legal interest in the building or land affected.
[Added 1-28-1997 by Ord. No. 15-96]
A.
DWELLING CERTIFICATE
DWELLING INSPECTION
DWELLING UNIT
Definitions. As used herein, the following words shall
have the following meanings:
A certificate filed with the Zoning Officer of the Borough
of Totowa, or his designee, certifying the occupants and location
of a dwelling unit.
B.
Dwelling certificates required; filing and contents.
Every owner and/or tenant of a dwelling unit within the Borough of
Totowa, owned, leased, rented or otherwise occupied shall file with
the Zoning Officer of the Borough of Totowa, or his designee, a dwelling
certificate on a form prescribed by the Borough of Totowa at the times
set forth in this chapter. The owner and the tenant of the dwelling
unit shall both certify as to the truthfulness of the information
submitted.
(1)
Every owner and/or tenant shall file a dwelling
certificate on or before September 1, 1998.
(2)
Every owner and/or tenant shall file a dwelling
certificate not more than 60 days immediately prior to any change
of occupancy or creation of the first occupancy in any newly constructed
or reconstructed building.
(3)
Every owner and/or tenant shall file a dwelling
certificate not more than 60 days immediately prior to any conveyance
of title of a one- or two-unit dwelling unit.
(4)
Upon the written request of any owner of a dwelling
unit, any tenant of said dwelling unit shall provide, to the landlord,
the identities of all adult occupants and identities and ages of all
children and shall, additionally, certify to the truthfulness of the
information submitted by signing the dwelling certification; and in
the event of the refusal of such tenant to provide such information
and/or to certify to its truthfulness, the owner shall file the dwelling
certificate with the Borough together with a written statement that
the tenant refused to so comply.
C.
Dwelling inspection required. Upon filing of a dwelling certificate, except in the case of a dwelling certificate filed pursuant to Subsection B(1) hereof, an inspection of the dwelling unit shall be required upon any change of occupancy, whether by change of ownership or as a result of a new lease, rental or other occupancy, unless the property owner had previously filed a dwelling certificate for the dwelling unit and a dwelling inspection was conducted within 11 months of the new occupancy and/or sale or where the dwelling unit is located within a multidwelling unit having more than two dwelling units and the owner shows proof of being registered with the State of New Jersey under the New Jersey Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.).
(1)
An inspection as a result of a change of ownership
shall take place prior to the transfer of title to the new owner.
(2)
An inspection required as the result of a change
of occupancy for a rental or lease may take place either prior to
or subsequent to the change of occupancy, provided that a dwelling
certificate has been filed with the Borough of Totowa setting forth
the location of the dwelling unit and the identity of the new occupants.
(3)
The owner and/or tenant shall provide access
to the premises, common areas, the basement and/or cellar and the
attic at a time designated by the Zoning Officer of the Borough of
Totowa, or his designee, in order to conduct the inspection required
in accordance with this chapter.
D.
Fees.
[Amended 2-28-2006 by Ord. No. 04-2006; 1-27-2009 by Ord. No. 02-2009]
(1)
The fee for the filing of a dwelling certificate
shall be $25 per unit if no dwelling inspection is required.
(2)
The fee for a dwelling inspection shall be $75.
(3)
The fee for a smoke detector certificate as
part of the dwelling inspection shall be $70.
(4)
The fee for a certificate of continued occupancy
shall be $75 for a one-family dwelling and $150 for a two-family dwelling
unit.
(5)
If the event that the owner and/or tenant does
not provide access to the premises for any of the above inspections,
there shall be an additional fee of $30 per unit in order for the
Zoning Officer or his designee to return to the premises and conclude
the inspection.
E.
Compliance required. Commencing September 1, 1998,
a transfer of title of any dwelling unit shall not take place unless
a dwelling inspection has been conducted pursuant to the provisions
of this chapter.
F.
Tax search requests. The Tax Search Official of the
Borough of Totowa shall provide to each person requesting a tax search
from his office a statement calling attention to the provisions of
this chapter.
G.
Violations and penalties.
[Amended 9-24-2002 by Ord. No. 24-2002][1]
(1)
Any person, partnership, firm or corporation who shall violate any provision of this chapter shall, upon conviction, be punished by the penalty set forth in § 415-213, Violations and penalties.
(2)
The minimum penalty or fine for the violation
of any of the provisions of this chapter shall be $100.
(3)
In addition to the foregoing fines or penalties,
any person, partnership, firm or corporation violating any of the
provisions of this chapter within one year of the date of a previous
violation of the provisions of this chapter shall be subject to be
sentenced to an additional fine as a repeat offender. The additional
fine shall not be less than the minimum nor exceed the maximum fine
as set forth above and shall be calculated separately from the fine
imposed for a violation of the provisions of this chapter.
(4)
In addition, any person, partnership, firm or corporation who rents, leases or causes to be rented, leased or otherwise occupied any dwelling unit in violation of any provision of this chapter or Chapter 221, Housing Standards, and/or Chapter 415, Zoning and Land Use, or any other chapters of the Code of the Borough of Totowa which results in the displacement of tenants, shall be responsible for all relocation costs as set forth in N.J.S.A. 20:4-1 et seq.[2]
(5)
The imposition of a penalty for a violation
of this chapter or any other chapter of the Code of the Borough of
Totowa shall not excuse the violation, shall not prevent the enforced
removal of any prohibited condition and each day the prohibited condition
continues shall constitute a separate offense.
[Added 2-13-2001 by Ord. No. 04-2001]
A.
Upon the request of the holder of a permit, the Construction
Official may issue a temporary certificate of occupancy for a building
or structure or part thereof before the entire work covered by the
permit shall have been completed, provided such portion or portions
may be occupied safely prior to full completion of the building, structure
and site work without endangering life or public welfare.
B.
Temporary certificates of occupancy shall be issued
for a period of 30 days and may be extended if in the opinion of the
Construction Official or Borough Engineer that despite diligent effort
or seasonal constraints, compliance cannot be accomplished within
30 days. Requests for extension shall be made in writing by the permit
holder. The permit holder is limited to two requests for extension.
At no time shall the extension exceed a total of 90 days.
C.
The fee for a temporary certificate of occupancy shall
be the same as that which is required for a certificate of occupancy.
D.
Escrow money shall be posted with the Borough of Totowa
in an amount equal to two times the value of the incomplete work.
In no case shall the amount be less than $5,000. All monies will be
returned upon completion of work and issuance of a certificate of
occupancy. In the event that the permit holder fails to complete the
outstanding work within the allotted time period, the permit holder
shall forfeit the escrow money.
E.
If, in the opinion of the Construction Official or
Borough Engineer, diligent effort is not put forth to complete all
required deficiencies within 30 days or the extended time period,
a penalty of $250 per day shall be assessed until a certificate of
occupancy is issued.
A.
It shall be unlawful to use or occupy any building, structure, lands or premises in violation of the terms of this chapter, and violations thereof shall be punishable as provided in Chapter 1, General Provisions, Article I, of the Borough Code. If, before favorable referral and final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board or Board of Adjustment is required to act, such person shall be subject to the penalty provisions contained in Article XIV of this chapter.[1]
B.
Any tenant who receives a notice of eviction pursuant
to § 3 of P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.2) that results
from zoning or code enforcement activity for an illegal occupancy
as set forth in Paragraph (3) of Subdivision g of § 2 of
P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.1) shall be considered a displaced
person and shall be entitled to relocation assistance in an amount
equal to six times the monthly rental paid by the displaced person.
The owner of the structure shall be liable for the payment of relocation
assistance pursuant to this section. In addition to being required
to pay reimbursement for relocation assistance, an additional fine
shall be paid by the owner of the structure for each illegal occupancy,
up to an amount equal to six times the monthly rental paid by the
displaced person.
