[HISTORY: Adopted by the Township Committee
of the Township of Maplewood as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 93.
[Adopted 6-2-1992 by Ord. No. 1888; amended
in its entirety 12-3-2013 by Ord. No. 2739-13]
Each time there is a transfer of ownership of property, or in
the case of a rental property a change in tenancy, within the Township
of Maplewood, a seller or lessor of such property must obtain from
the Construction Official of the Township of Maplewood prior to the
transfer of ownership or change of tenancy a certificate of continued
use and occupancy certifying that the property may be continued to
be used as it is currently being used, certifying the use of the property
is a permitted use in the zone in which the property is located by
virtue of either the fact that the use is a permitted use in the zone
or by virtue of the fact that the use is a nonconforming use in the
zone which was established prior to the adoption of an ordinance which
prohibited said use in the zone and establishing the maximum number
of individuals who may legally occupy the premises as established
under the 2006 IPM Code (the International Property Maintenance Code).
[Amended 3-19-2019 by Ord. No. 2952-19]
A.
Fee for certificate. The fee for a certificate of continued use and
occupancy shall be $100 per dwelling unit or commercial space if applied
for at least 10 business days before the closing date. If an application
is received after 4:00 p.m. on any day, that day is not included as
a business day.
B.
Fee for expedited processing. If an application is filed six to nine
business days prior to a closing day, a fee of $200 per dwelling unit
is due in order to expedite processing. If an application is filed
five or fewer business days prior to a closing date, a fee of $300
per dwelling unit is due in order to expedite processing.
C.
Reinspection fee. A reinspection fee of $50 if the residence or commercial
space is not in compliance on the initial or subsequent inspection.
D.
If all permits are closed and no violations are found, a certificate
will be issued expeditiously to comply with the closing date noted.
Before a certificate of continued use and occupancy shall be
issued, the Construction Official or his representative shall make
an inspection of the premises to determine whether the certificate
may or may not be issued. Before a certificate of continued use and
occupancy will be issued, all open permits must be closed out.
[Amended 5-3-2016 by Ord.
No. 2810-16; 3-19-2019 by Ord. No. 2952-19
Applications for a certificate of continued use and occupancy shall be submitted by the seller or lessor to the Construction Official of the Township of Maplewood, and once the application has been received by the Construction Official, the certificate indicating whether the present use may or may not be continued and the number of individuals who may legally occupy the premises shall be issued as set forth in § 204-2 of this section. In all cases, the seller or lessor shall personally sign a receipt indicating that the seller or lessor has received the certificate of continued use and occupancy. Additionally, all lessors shall provide to the Township Construction Official a certification establishing that a copy of the certificate of continued use and occupancy has been provided to and receipt acknowledged by each tenant. All applications must include the prospective owner's driver's license number or other recognized identification, such as a passport. In the event that the owner/lessor is a corporation, limited liability company or partnership, the application shall be signed by the officer, managing member or partner who is designated as the agent for maintaining the property in all respects. An address for service of process must be provided; a post office box is unacceptable. A telephone number for the individual signing the application must also be provided. The issued certificate is only recognized for the buyer listed on the application form and for a period of 180 days from the date issued. A change in buyer will require a new application. A new owner of rental property is required to update the rental registration information with the Township, as required by Ordinance No. 2201-02.
In the event that the seller or lessor of property within the Township of Maplewood fails to obtain a certificate of continued use and occupancy prior to transferring ownership or permitting occupancy of a rental unit, the seller or lessor shall be subject to a fine of $1,000. Additionally, a lessor is prohibited, upon a change of tenancy, from collecting rent on any rental unit until a certificate of continued use and occupancy is issued for the rental unit. The issuance of this certificate, in the case of a property required to be registered under the rental registration regulations of Maplewood Code Chapter 209, Article II, shall satisfy the initial registration of said rental under the ordinance as it pertains to rental registration for the first year.
