Borough of Wallington, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wallington 7-27-1995 by Ord. No. 95-10 (Ch. 150 of the 1992). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 185.

§ 178-1 Purpose. [1]

The purpose of this chapter is to provide, through the certification process, an orderly and convenient method of inspection of buildings to determine compliance with Borough ordinances and to assist the Tax Assessor in updating his property record cards.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 178-2 Certificate required.

A. 
No person, persons or organization of persons shall sell or transfer title to any structure or unit in a structure or relet or release any structure, portion of a structure or unit in a structure until such person, persons or organization of persons shall have first obtained a certificate of continued occupancy[1] certifying:
(1) 
That the property may be continued to be used as before.
(2) 
The number and designation of the unit(s) covered by the certificate.
(3) 
That the structure, part of a structure or unit in the structure is in compliance with all of the provisions of the ordinances of the Borough of Wallington.
[1]:
Editor's Note: The term "certificate of land use compliance" was updated to "certificate of continued occupancy" throughout this chapter at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
No person, persons or organization of persons shall purchase, accept title, occupy or permit the occupancy of any portion of a structure or unit without receiving from the transferor or from the Borough the certificate of continued occupancy described above.

§ 178-3 Exceptions.

A certificate of continued occupancy is not required for transfers of new construction, provided that the original certificate of occupancy was issued within 18 months of the transfer of the property.

§ 178-4 Effect on existing tenancies.

In the event that there is a tenant under an existing lease at the time of a transfer of title, which tenancy conforms to all zoning and building requirements, such tenant shall be permitted to continue his or her occupancy, provided that such tenancy conforms to all zoning and building requirements; however, the transfer of title shall not be permitted until the certificate of continued occupancy has been obtained. The tenant shall cooperate with the landlord in connection with any necessary alterations required to obtain the certificate.

§ 178-5 Inspection of premises prior to issuance.

Before a certificate of continued occupancy shall be issued, the Code Enforcement Officer or his designee shall make an inspection of the premises to determine if the structure, part of a structure or unit complies with the ordinances of the Borough of Wallington. The certificate will only be issued if the property so complies. The Tax Assessor or his designee may accompany the inspecting personnel for the purpose of obtaining information for tax assessment purposes.

§ 178-6 Application fee.

Applications for a certificate of continued occupancy shall be submitted to the Code Enforcement Officer of the Borough of Wallington, and the certificate will either be issued or rejected within 10 business days of the receipt of the application. The fee for a certificate of continued occupancy shall be $25 per unit for the transfer of any residential dwelling, business, commercial or industrial unit or building and shall be payable upon submission of an application therefor. The fee for a certificate of continued occupancy for the reletting of a residential apartment or commercial or professional rental unit shall be $25, payable upon submission of an application therefor.

§ 178-7 Period of validity.

A certificate of continued occupancy shall be valid for a period of 60 days after issuance but shall only be valid for one transfer of the subject property.

§ 178-8 Violations and penalties.

A. 
A reasonable attempt shall be made to give a violator an opportunity to obtain a permit before a conviction is sought for such violation.
B. 
Any person, persons or organization of persons convicted of a violation of the provisions of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
It shall not be a defense to a proceeding hereunder that any person charged hereunder acted in the belief that some other person, persons or organization of persons was to obtain the permit, it being the expressed intention of the Mayor and Council that all persons responsible for the certificate shall be equally liable for a violation of the provisions hereof.
D. 
Each day the violation continues after the first conviction thereof shall constitute a new and separate offense.

§ 178-9 Expiration of variances.

Any variance from the terms of this chapter hereafter granted by the Zoning Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation, unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance or unless such permitted use has actually been commenced within one year from the date of entry of the judgment or determination of the Board of Adjustment; except, however, that in the case of a use variance which also involves a subdivision or site plan, approval of the variance shall extend for the full period of preliminary approval, i.e., three years; and except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the governing body or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.