[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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
