[Adopted 2-27-2001 by Ord. No. 01-14]
A.
Residential (single family). Prior to any sale, rental
or other transfer of any single-family residential real estate or
part thereof to another, the owner shall apply for and obtain a certificate
of occupancy, as provided for herein, issued by the Construction Official
or his or her designee.
B.
Residential (rental). Prior to any sale, rental or
other transfer of any rented single-family residential real estate
or part thereof to another, the owner shall apply for and obtain a
certificate of occupancy, as provided for herein, issued by the Construction
Official or his or her designee.
C.
Residential (less than three units). Prior to any
sale, rental or other transfer of any residential real estate containing
less than three units or part thereof to another, the owner shall
apply for and obtain a certificate of occupancy, as provided for herein,
issued by the Construction Official or his or her designee.
D.
Nonresidential. Prior to any sale, rental or other
transfer of any nonresidential real estate or part thereof to another,
the owner shall apply for and obtain a certificate of occupancy, as
provided for herein, issued by the Construction Official or his or
her designee.
A.
The owner of real estate, set forth above, shall apply for the issuance of a certificate of occupancy on forms to be provided by the Construction Official. The application shall at least contain the name of the owner and the name of the person signing the notice and the relationship to the owner; shall describe the property or portion thereof to be transferred by street address or in such other manner as may reasonably be required by the Construction Official; and shall be accompanied by the fee set forth in Chapter 172 of this Code.
B.
Conduct of inspection.
(1)
Within 15 working days of receipt of the application
and fee, the Construction Official shall make an inspection and issue
a written inspection certificate, in duplicate, stating:
[Amended 7-24-2001 by Ord. No. 01-22]
(a)
That an inspection of the premises has been
made, specifying any violations of any applicable ordinance, statute
or code relating to the premises, including the most current edition
of the International Property Maintenance Code as adopted by the Township
of Ewing;
[Amended 3-14-2023 by Ord. No. 23-05]
(b)
If there are no such violations, stating that
there are none; or
(c)
That an inspection is not required because of
the provisions below.
(2)
Each certificate shall be dated, and the Construction
Official shall retain a duplicate copy.
(3)
If the inspection is not conducted within the time
specified above, the owner shall be under no further obligation.
(4)
By such inspection, the Township of Ewing, its agents,
servants, employees or officers do not guarantee quality or soundness
of any property or structure, and it is not and will not be liable
for any act or omission in connection with an inspection or failure
to inspect, nor is the Township, its agents, servants, employees or
officers, in any way involved in any contractual relationship between
owners, tenants and/or purchasers. Such inspections are conducted
only to determine compliance with established codes as may be ascertained
by reasonable observation.
(5)
This article shall not be construed to prohibit a
transfer of property but shall be construed to prohibit occupancy
without the issuance of a certificate of occupancy or temporary certificate
of occupancy, or which is otherwise exempt as provided in this article.
C.
If an inspection has been made and a certificate of
occupancy issued within one year prior to the date of receipt of the
completed application, or if a certificate of occupancy has been issued
for the premises within one year prior to the date of receipt of such
completed application, the Construction Official may, but is not required
to, make an inspection.
D.
Prior to completing the sale, rental or other transfer,
the owner shall inform any transferee(s) of any violations reported
by the Construction Official and shall give the transferee(s) a copy
of the certificate of inspection.
(1)
All violations shall be corrected prior to completing
the sale, rental or other transfer, except as otherwise provided for
in this article.
(2)
Failure of the owner to comply with this provision
does not relieve the transferee(s) from the obligations imposed by
this article or any of the relevant statutes, ordinances or codes.
E.
Any owner who violates this article by failing to
apply for a certificate of occupancy under this article or by failing
to inform the transferee(s) of violations shall be liable, upon conviction
of such violation, to forfeit and pay a penalty not to exceed $500
or 90 days' imprisonment or both, in the discretion of the court,
for every such violation.
F.
Upon correction of all violations noted in the inspection
certificate, the Construction Official shall issue a certificate of
occupancy. In the case of a sale or other transfer of title to residential
property or the sale, rental or other transfer of nonresidential property
or a part thereof, a temporary certificate of occupancy may be issued,
in the discretion of the Construction Official, when the inspection
reveals a departure from the most current edition of the International
Property Maintenance Code but such departure leaves the housing space
in substantial compliance with such code; that is, where there is
no serious or immediate threat to health, safety or welfare and when
the prospective transferee of title or of nonresidential property
or a part thereof agrees to assume the violations. Such assumption
shall be in writing, signed by the owner and the transferee.
[Amended 7-24-2001 by Ord. No. 01-22; 3-14-2023 by Ord. No. 23-05]
G.
Exceptions:
(1)
No inspection under this article shall be required
in the case of the sale, rental or other transfer of unimproved real
estate.
(2)
Where no immediate occupancy is contemplated in a
residential property transfer, an inspection under this article shall
not be required; however, prior to residential occupancy, an inspection
under this article or as required by the New Jersey Uniform Construction
Code shall be conducted.
(3)
Any nonresidential property for which a certificate
of occupancy is required under the New Jersey Uniform Construction
Code prior to occupancy shall be exempt from this section.
H.
Any owner who desires to appeal from a certificate
of occupancy may file an appeal pursuant to the most current edition
of the International Property Maintenance Code.
[Amended 5-8-2001 by Ord. No. 01-13; 7-24-2001 by Ord. No.
01-22; 3-14-2023 by Ord. No. 23-05]
(1)
Any person affected by any notice which has been issued
in connection with the enforcement of any provisions of this code
or of any rule or regulation adopted pursuant thereto shall have the
right to request and shall be granted a hearing on the matter before
the Board, provided that such person shall file, in the office of
the Board, a written petition requesting such hearing and containing
a statement of the grounds therefor within 20 days after the day the
notice was served. The Board shall meet within 21 days of the day
the request for a hearing has been filed in the office of the Board.
The aggrieved party shall appear and present evidence to the Board
regarding the notice which was issued in connection with the enforcement
of any provision of this code or of any rule or regulation adopted
pursuant thereto. The Construction Official or his designee shall
also appear and present evidence regarding said notice.
(2)
In order to protect existing structures in the Township
by vigorous enforcement of the provisions of this code, there shall
be and is hereby created a Code Appeals Board, hereafter referred
to as the Board, consisting of five members who shall be appointed
by the Mayor with the advice and consent of Council.
(3)
The Board shall consist of one elected official of
the Township; one volunteer fireman; one real estate agent; two citizens,
one of whom shall be the following: a licensed professional engineer,
an architect, a builder or a superintendent of building construction.
No more than one member of the Board shall be of the specified professions.
The Mayor shall appoint an alternate member of such Board in addition
to the five members above provided for, who shall act with full power
only when a member of the Board refuses to vote because of a conflict
of interest or when a member is absent. The Mayor shall designate
one member of the Board to act as Secretary to the Board.
(4)
The Board shall hear all appeals relative to the enforcement
of this code and, by a concurring vote of the majority of its members,
shall reverse or affirm, wholly or partly, or modify the decision
appealed from and shall make such order or determination as in its
opinion ought to be made. Failure to secure such concurring votes
shall be deemed a confirmation of the decision of the Construction
Official.
(5)
A member of the Board shall not participate in any
hearings or vote on any appeal in which that member has a direct or
indirect financial interest or is engaged as a contractor or is engaged
in the preparation of plans and specifications or in which that member
has any personal interest.
(6)
The Secretary of the Board shall keep a record of
each meeting so that the record shows clearly the basis for each decision
made by the Board. An aggrieved party may provide for transcription
of the proceedings at his/her own cost and shall provide a copy of
said transcript to the Board, at no cost to the Board.
(7)
An appeal from the Board shall be to the Ewing Township
Council within 20 days of the decision from the Board. The Ewing Township
Council shall schedule the appeal to be heard at the next regularly
scheduled meeting of the Council.
[Added 5-8-2001 by Ord. No. 01-11]
All buyers and sellers of residential and nonresidential
property who have entered into a valid and enforceable real estate
sales contract prior to the effective date of this article shall be
exempt from the requirement of obtaining an inspection and a certificate
of occupancy prior to a change in occupancy, as set forth in this
article. Such exemption shall apply regardless of when the actual
change in occupancy occurs, so long as a valid and enforceable contract
is entered into before July 1, 2001, and the closing on the property
takes place before October 1, 2001. All inspection requirements currently
in effect and superseded by the effective date of this article shall
continue in full force and effect.
[Added 7-24-2001 by Ord. No. 01-22]
A certificate of occupancy shall be effective
for a period of 120 days. One administrative extension of not more
than 30 days may be granted by the Construction Official; however,
in that instance a reinspection will be required during the thirty-day
extension period, which inspection shall be at no cost to the owner.
