[HISTORY: Adopted by the Mayor and Council of the City of Garfield 4-8-1997 by Ord. No. 2212 (Ch. 109A of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Dwelling certificates — See Ch. 128.
Dwelling and rooming units — See Ch. 131.
Unlawful dwellings — See Ch. 134.
Housing standards — See Ch. 181.
Property maintenance — See Ch. 242.
As used in this chapter, the following terms shall have the meanings indicated:
ENFORCEMENT OFFICER
The Construction Official of the City of Garfield or such other officer designated by the Mayor and Council to enforce the provisions of this chapter.
MULTIPLE DWELLING
Any building or structure containing two or more rented or leased dwelling units occupied or intended to be occupied by two or more persons, together with all appurtenant land, buildings and structures.
OCCUPANCY
The lawful possession of a dwelling unit, commercial or industrial space.
OWNER
The person or persons holding a legal or equitable fee simple interest in a commercial, industrial or residential building or, in case of premises held in the cooperative form of ownership, the person or persons holding legal or equitable title to the cooperative shares allocated to a dwelling unit.
RESIDENTIAL BUILDING
Includes one- , two- and three-family homes, multiple-family dwellings and units therein and individual condominium and cooperative units.
[Amended 6-28-2022 by Ord. No. 2942]
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 when there has been a change in use or occupancy or when there has been a change in ownership of such building or any portion thereof until the owner or landlord thereof shall have applied for and secured a certificate of continuing occupancy subject to the requirements of § 105-3 herein. Such certificate shall be issued upon a general inspection of the visible parts of the building and the portion thereof that has been vacated or sold or in which there has been a change in use and occupancy, that there are no imminent hazards and that the premises in question are in compliance with applicable building, health, safety and fire codes, regulations, ordinances and statutes of the City of Garfield and the State of New Jersey.
Prior to the rental, sale or lease of any commercial or industrial property or the sale of a residential building or the sale of any individual unit in a multiple-family dwelling involving a new occupancy or change of use, the enforcement officer shall issue a certificate of continuing occupancy in accordance with the standards set forth in § 105-2 of this chapter.
The enforcement officer shall conduct an inspection of said commercial, industrial or residential building or portion thereof which is to be sold, rented, or leased within a reasonable time, not exceeding 30 days after completion of said application, and shall issue a certificate of continuing occupancy, provided that the standards set forth in § 105-2 of this chapter have been satisfied, and in the case of residential building, that the premises are in compliance with the requirement of installation of a smoke detector alarm system.
If after inspection by the enforcement officer, a certificate of continuing occupancy may not be issued to the commercial, industrial or residential building or portion thereof because of the existence of a violation of any code or failure to comply with the standards set forth in § 105-2 of this chapter, notice shall be given by the enforcement officer to the owner detailing the violations of applicable laws, regulations or ordinance. The enforcement officer shall have the authority to issue any summons or complaint for any violation of any ordinance, statute or regulation against the owner and/or occupant of the commercial, industrial or residential building or portion thereof wherein the violation exists. In the event that any violations are found to exist, there shall be no new occupancy or use of the premises until the criteria has been satisfied for the issuance of the certificate of continuing occupancy.
In the event that, upon inspection of the enforcement officer, a violation exists which reveals that the property is being utilized in violation of local ordinances regarding occupancy limitation or number of separate dwelling units, the following shall be required in order to satisfy the enforcement officer that said condition has been abated:
A. 
If separate and distinct utility services are installed at the premises for the illegal units, these utility services must be removed to the satisfaction of the enforcement officer.
B. 
The present owner and contract purchaser, if any, must execute a statement, under oath, acknowledging that they are aware that the premises are to be used in a manner which is consistent with all local and state laws and they are further aware that all providers of municipal services and other municipal officials shall be obligated to report any violation of this chapter or any other ordinances of the City of Garfield and that they will be subject to fines and other penalties consistent with law in the event of said future violation.
[Amended 6-28-2022 by Ord. No. 2942; 5-9-2023 by Ord. No. 2991]
The following fees shall be applicable for the inspection and issuance of a certificate of continuing occupancy:
Type of Unit
Fee
For one-family homes and individual condominiums, cooperative units and apartment units
$50
For two-family dwellings
$100
For multiple-family dwellings for the first two units
$100
For each additional unit
$25
For commercial or industrial property
Less than 3,000 square feet of gross floor area
$150
Between 3,000 and 10,000 square feet of gross floor area
$500
More than 10,000 square feet of gross floor area
$500, plus $30 for each 1,000 square feet
Issuance of duplicate copies for lost or misplaced certificates
$5
[Amended 4-25-2006 by Ord. No. 2457]
Any person violating any of the provisions of this chapter shall be punishable, upon conviction thereof, by one or more of the following: a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days.