For any and every violation of the provisions of this chapter, the owner, contractor or other person or persons interested as lessee, tenants or otherwise, in any building or premises where such violations have been committed or shall exist and who refuses to abate such violation within five days after written notice has been served, either by registered mail or by personal service, shall be subject to a fine as set forth in §
125-83.
[Added 6-25-2001 by Ord. No. 1865-2001]
A "certificate of continued occupancy" is a
document certifying that a general inspection of the visible parts
of the building has been made and that there are no apparent violations
of regulations.
A. When required. A certificate of continued occupancy
shall be required in the following occurrences:
(1)
Change of use of the building or premises.
(2)
Transfer of title to real property in the Borough
of Fair Lawn containing a building or permanent structure of any kind.
(3)
The certificate of continued occupancy required under Subsection
A(1) and
(2) herein shall apply only to one- and two-family dwellings.
B. Exceptions. The following transactions are exempt
from obtaining a certificate of continued occupancy:
(1)
This section does not apply to the sale of a
"multiple-family dwelling" which is defined, for the purpose of this
section, as property which contains three or more dwelling units.
(2)
A transfer of title which confirms or corrects
a deed previously recorded.
(3)
A title which is eligible to be recorded as
an ancient deed pursuant to N.J.S.A. 46:16-7.
(4)
Transfer of title between husband and wife,
whether or not relating to divorce, or between former spouses if the
transfer is incident to an order or judgment from any court of competent
jurisdiction or transfer is between occupants or former occupants
of the premises, provided that the transferee has resided in the premises
for three consecutive years prior to transfer.
(5)
Transfer of title between parent(s) and child(ren)
or grandparent(s) and grandchild(ren).
(6)
A transfer of title relating to new construction
for which a certificate of occupancy is required.
(7)
Transfer of title by or to an executor, administrator
or court order which affects a distribution of a decedent's estate
in accordance with the provisions of the decedent's will or the intestate
laws of this state.
(8)
Transfer of title by or to a receiver, trustee
in bankruptcy or liquidation, or assignee for the benefit of creditors.
(9)
Any quit claim deed done for the purpose of
quieting title.
C. Application for certificate of continued occupancy.
The applicant shall apply for a certificate of continued occupancy
on the form provided by the Borough of Fair Lawn. A record of all
certificates shall be kept on file at the office of the Construction
Code Official, and copies shall be furnished upon request of any person
having proprietary or tenancy interests in the building affected,
or for other good cause, upon payment of the fees required therefor.
D. Fees. A fee shall be charged for each certificate of continued occupancy in accordance with Chapter
94, Fees, of the Borough of Fair Lawn.
E. Time limitations for approval.
(1)
All certificates of continued occupancy shall
be issued or denied within 10 days of the filing of the application.
A certificate of continued occupancy shall be deemed valid for one
year from the date of issuance, provided that there is no material
change in the physical status of the premises. If a certificate of
continued occupancy is denied, the Construction Code Official shall
state in detail the reasons for the denial.
(2)
An appeal of denial must be filed within 15
calendar days of receipt of the denial. If the basis of the denial
involves a violation of the Uniform Construction Code, the appeal
shall be taken to the Bergen County Construction Board of Appeals.
If the basis of the denial involves a violation of the Health Code,
the appeal shall be filed with the Board of Health.
(3)
Notwithstanding the preceding, and without extending the time for appeal, where the Construction Code Official denies issuance of the certificate of continued occupancy, an estimate of the cost of compliance shall be made, exclusive of any fees owed to the Borough. If the cost exceeds 10% of the contract sales price for the premises or 10% of the assessed value, whichever is the lower, the Borough Manager shall meet with the applicant. If the Borough Manager agrees that the intent of the Borough to upgrade the building or premises pursuant to this section can be met without the strict application of the terms hereof, the Borough Manager is authorized to enter into an agreement which shall set forth specific terms and conditions which must be completed by the applicant. Upon completion of same, a certificate of continued occupancy shall be issued. Notwithstanding the preceding, no agreement shall be entered into to waive any conditions set forth in Subsection
F hereof which is deemed to be hazardous to the health, safety or welfare of the Borough.
F. Inspections.
(1)
The applicant shall permit the building or permanent
structure to be inspected by the following Borough officials: Construction
Code Official, who will be responsible for the inspection and who
can recommend further inspection by the construction subcode officials,
Water Department, and Department of Health. Refusal to permit one
or more inspections shall result in the denial of the application.
In the event that the inspection by these officials reveals that there
have been additions to the premises or that there has been additional
construction to the premises for which no building permit has been
obtained, no certificate of continued occupancy shall be issued until
the applicant has paid the appropriate permit fees for the addition
or construction. For the purpose of this subsection, the "appropriate
permit fees" shall be defined as those fees then existing for the
addition or construction on the date of the inspection.
(2)
The visual inspection contemplated herein shall
include but not be limited to the following:
(d)
Heating and required ventilation.
(e)
Exterior of buildings, including structural
deterioration, drainage, and infestation.
(h)
Such other conditions that are objectively hazardous
to the health, safety or welfare of an occupant of the premises or
to the general public.
(3)
Notwithstanding the preceding, transfer of title
to real property may be permitted by the Construction Code Official,
provided the purchaser certifies in writing to the Construction Code
Official that the purchaser or seller shall correct all violations
upon which the denial of the certificate of continued occupancy was
based in a reasonable time, and further provided the purchaser and
seller have established a reasonable escrow for the repair work.
G. Responsibility for obtaining certificate and penalties
for noncompliance. No owner shall permit the sale of premises covered
by this section unless the requisite certificate of continued occupancy
has been issued. No purchaser or tenant shall occupy any premises
covered under this section until the requisite certificate has been
issued. Owners, tenants and occupants shall be jointly and separately
responsible for failure to obtain the requisite certificate required
hereunder.
H. Notification. To assist in the enforcement of this
section, a notice shall be included on all tax searches and added
assessment searches prepared by the Tax Collector of the Borough of
Fair Lawn, stating that a certificate of continued occupancy is required
for a change in use and occupancy or sale of premises as set forth
herein; provided, however, that a failure to affix such notice shall
not constitute a defense for the failure to obtain a certificate of
continued occupancy in violation of this section.
In case any building or structure is erected,
constructed, reconstructed, altered, moved or converted; or any building,
structure or land is used in violation of or contrary to the provisions
of this chapter, the Borough may institute an action to enjoin or
any other appropriate action or proceeding to prevent such erection,
construction, reconstruction, alteration, conversion or use. However,
nothing in this chapter shall be construed to restrict the right of
any party to obtain a review by any court of competent jurisdiction
according to law.
If any article, section, subsection, sentence,
clause or phrase of this chapter is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remaining portions
of this chapter.