[HISTORY: Derived from Ch. X, Sec. 10-17, of the Revised General Ordinances of the Borough of Fort Lee, 1978, adopted 3-1-1979. Amendments noted where applicable.]
No person shall occupy or use any portion of a commercial, industrial or residential building after such building or portion thereof has been vacated or sold, or in which there has been a change in occupancy, until the owner/landlord shall have applied for and secured a certificate of continuing occupancy therefor from the enforcement officer of the Borough of Fort Lee.
Notwithstanding the foregoing, in any one- or two-family house, condominium or cooperative apartment unit where a tenant has been in possession and occupancy for no more than two years and where a valid continuing certificate of occupancy was procured by the owner at the initiation of such tenancy and where the tenant purchases the unit from the owner, there is no need to obtain a continuing certificate of occupancy in connection with that transfer of title.
Upon receipt by the enforcement officer of an application for a certificate of continuing occupancy and payment of the requisite fee, the enforcement officer shall conduct an inspection of the premises in question to ensure compliance with applicable building, health, safety and fire codes, regulations, ordinances and statutes of the Borough of Fort Lee and State of New Jersey.
The enforcement officer shall issue a certificate of continuing occupancy upon his inspection and satisfaction that no violations of the aforementioned codes, regulations, ordinances and statutes exist. No certificate of continuing occupancy shall be issued for any dwelling unit in a structure used or intended for use for residential purposes unless the enforcement officer shall determine that the unit for which the certificate is sought is equipped with a carbon monoxide sensor device or devices, in proper working order, as required by Chapter 349, Article II, Carbon Monoxide Sensors, of this Code.
If violations are found to exist, there shall be no new occupancy or use of the premises until compliance with this chapter has been obtained. If compliance is not obtained within a reasonable time after inspection and notice, the enforcement officer is authorized to take appropriate legal action.
[Amended 10-12-2000 by Ord. No. 2000-39]
The enforcement officer shall provide a form to be completed by each applicant. A fee of $75 shall accompany each application; provided, however, that the enforcement officer may waive the inspection and fee if any inspection of the same premises has been made within 180 days.
There is hereby created the position of enforcement officer who shall have the authority to make inspections for building, health, fire and safety violations as required by this chapter and to otherwise carry out the purpose and intent of this chapter. The enforcement officer shall be appointed by the Construction Official of the Borough of Fort Lee.
Notwithstanding the provisions of this chapter, if a certificate of continuing occupancy is issued for a residence or residential unit in connection with the commencement of a residential tenancy, and if the residential tenant shall purchase the residence or residential unit in which said tenant resides and for which the certificate of continuing occupancy shall have been issued within a period of 24 months of the commencement of that tenant's occupancy, a new certificate of continuing occupancy shall not be required in connection with the transfer of title to the residential tenant.