A. 
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. If an applicant can clearly demonstrate that, because of peculiar conditions pertaining to the land, the literal enforcement of one or more of the regulations within this chapter is impracticable or will exact undue hardship, the appropriate municipal agency may permit one or more exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
B. 
All ordinances or parts of ordinances which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.
C. 
This chapter shall take effect after passage and publication as prescribed by law.
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.
A. 
A certificate of occupancy issued by the Construction Official is required for both initial occupancy and the continued occupancy and use of the building or land to which it applies, as follows:
(1) 
Occupancy and use of a building erected, reconstructed, restored, altered or moved or any change in use of an existing building.
(2) 
Occupancy, use or any change in use of vacant land.
(3) 
Any change in use of a nonconforming use.
(4) 
Occupancy and use of any enlargement to an existing structure.
B. 
A certificate of occupancy shall be issued only when:
(1) 
The structure or part(s) thereof and the proposed use of the structure(s) and land conform to this chapter and all other applicable codes and ordinances of the Borough;
(2) 
Prior conditional use, site plan, subdivision and variance approvals have been granted by the appropriate municipal agency in accordance with the provisions of this chapter and the proposed structure or part(s) thereof and the proposed use of the structure(s) and land comply with all conditions and requirements imposed as part of such approvals;
(3) 
All local taxes and assessments on the property have been paid; and
(4) 
A letter from each utility company has been received by the Borough, stating that the utility has been inspected and installed in accordance with the approved plan and is ready for use.
C. 
A fee shall be charged for each certificate of occupancy in accordance with Chapter 94, Fees, of Fair Lawn Borough.
D. 
A certificate of occupancy shall be granted or denied, in writing, within 20 days from the date that a written notification is filed with the Construction Official that the erection of the structure is completed, unless additional time is agreed upon by the applicant, in writing. If the application is denied, the Construction Official shall state the reason for such denial on two copies of the application and return one copy to the applicant.
E. 
In any subdivision or site plan that has received final approval, a certificate of occupancy shall be issued only upon completion of such portion of the following improvements as may be deemed by the Borough Engineer to be needed to serve the premises offered for occupancy:
(1) 
Curbs.
(2) 
All utilities.
(3) 
Water supply and sewerage treatment facilities serving the property in question.
(4) 
Storm drainage facilities.
(5) 
Base course of the street or streets serving the property.
(6) 
Base course of driveways and parking areas.
(7) 
Street names and traffic regulatory signs.
(8) 
The provision of an as-built grading plan.
F. 
With respect to any individual residential lot within a subdivision, a certificate of occupancy shall be issued only upon the completion of the following improvements, in addition to those listed herein above, to the extent that the same are required as part of a subdivision or site plan approval or as required by the Borough Engineer for an individual residential lot or dwelling unit:
(1) 
Sidewalks.
(2) 
Driveway aprons.
(3) 
Compliance with an approved Surface Water Runoff Control Plan.
G. 
The Borough Engineer shall submit a favorable report to the Borough Construction Code Official for the individual residential dwelling unit prior to the issuance of a certificate of occupancy by the Borough Construction Code Official.
H. 
A copy of any issued certificate of occupancy shall be kept on file at the premises affected and shall be shown to the Construction Official upon request.
I. 
A temporary certificate of occupancy may be issued by the Construction Official for any structure or use for which approval has been granted although not all conditions of said approval have been complied with. Such temporary certificate of occupancy shall be issued only in extenuating circumstances and only subject to specific terms and conditions, including but not limited to a timetable for achieving full compliance with all such conditions for the completion of all required improvements and the receipt of a performance guaranty assuring the installation of the improvements as indicated on the approved plat or plan.
J. 
No approval shall be issued for the framing of any modification or alteration of existing construction where said modification or alteration exceeds 500 square feet or for any new construction until certification has been provided over the seal of a licensed land surveyor that the finished floor elevation of the first floor is at the elevation set forth in the approved plans for said premises.
K. 
Notwithstanding any subsection herein to the contrary, no certificate of occupancy shall be issued by the Construction Official in the event that the applicant therefor has not paid for services rendered by the Public Advocate and that are chargeable to the applicant pursuant to § 125-60.1C.
[Added 5-22-2001 by Ord. No. 1853-2001]
[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:
(a) 
Sidewalks.
(b) 
Electrical service.
(c) 
Plumbing.
(d) 
Heating and required ventilation.
(e) 
Exterior of buildings, including structural deterioration, drainage, and infestation.
(f) 
Fences.
(g) 
Driveways.
(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.
A. 
Any person, firm or corporation violating any provisions of this chapter, except for signs, shall upon conviction thereof by any court authorized by law to hear and determine the matter, be fined such sum not exceeding $200, as such court, in its discretion, may impose; or, if the party so convicted is a natural person, such person may be imprisoned for such term not exceeding 30 days, as such court in its discretion may impose or be fined a sum not exceeding $200, as such court in its discretion may impose or such natural person may be both imprisoned and fined not exceeding the maximum limits set forth herein, as such court in its discretion may impose. Each day that such violation continues beyond a ten-day period following written notice by the Construction Official or the Zoning Officer served by certified or registered mail or personal service shall constitute a separate offense.
B. 
The owner of any building or structure, lot or land or part thereof and/or the tenant or occupant of any building or structure, lot or land or part thereof where anything in violation of this chapter shall be placed or shall exist or be suffered, allowed or permitted to exist and any architect, builder, developer, contractor, agent, person or corporation engaged in connection therewith and who assists in the commission of such violation shall each be guilty of a separate violation and, upon conviction thereof, shall each be liable to the fine or imprisonment or both, specified hereinabove.
A. 
If, before final subdivision approval has been granted, any person, as owner or agent, transfers or sells or agrees to transfer or sell any land which forms a part of a subdivision for which municipal approval is required in accordance with the provisions of this chapter, except pursuant to an agreement expressly conditioned on final subdivision approval, such person shall be subject to the requirements of N.J.S.A. 40:55D-55.
B. 
In addition to the foregoing, if the streets of the subdivision are not such that a structure on said land in the subdivision would meet the requirements for a building permit under Section 3 of the Official Map and Building Permit Act (1953), the Borough may institute and maintain a civil action:
(1) 
For injunctive relief.
(2) 
To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with Section 24 of Chapter 433 of the Laws of 1953,[1] but only if the municipality has a Planning Board or a committee thereof with power to act and which:
(a) 
Meets regularly on a monthly or more frequent basis and
(b) 
Whose Borough Council has adopted standards and procedures in accordance with Section 20 of Chapter 433 of the Laws of 1953.[2]
[2]
Editor's Note: See now N.J.S.A. 40:55D-38 through 40:55D-41 and 40:55D-44.
(c) 
In any such action the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his/her assigns or successors, to secure the return of any deposit made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years if unrecorded.
[1]
Editor's Note: See now N.J.S.A. 40:55D-56.
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.