As used herein, the following words shall have
the following meanings:
DWELLING CERTIFICATE
A certificate filed with the Zoning Officer of the City of
Garfield or his designee certifying the number of occupants and location
of a dwelling unit.
DWELLING INSPECTION
An inspection conducted to determine compliance with the
Code of the City of Garfield regarding smoke detectors, housing standards
and zoning.
DWELLING UNIT
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used, designated
or arranged to be used for living, sleeping, cooking and eating.
Every owner and/or tenant of a dwelling unit
within the City of Garfield, owned, leased, rented or otherwise occupied,
shall file with the Zoning Officer of the City of Garfield or his
designee a dwelling certificate on a form prescribed by the City of
Garfield at the times set forth in this chapter. The owner and the
tenant of the dwelling unit shall both certify as to the truthfulness
of the information submitted.
A. Every owner and/or tenant shall file a dwelling certificate
on or before 90 days after the adoption of this chapter.
B. Every owner and/or tenant shall file a dwelling certificate
not more than 60 days immediately prior to any change of occupancy
or creation of the first occupancy in any newly constructed or reconstructed
building.
C. Every owner and/or tenant shall file a dwelling certificate
not more than 60 days immediately prior to any conveyance of title
of a one- or two-unit dwelling.
D. Upon the written request of any owner of a dwelling
unit, any tenant of said dwelling unit shall provide to the landlord
the number of all adult occupants and ages of all children and shall,
additionally, certify to the trustfulness of the information submitted
by signing the dwelling certificate; and in the event of the refusal
of any such tenant to provide such information and/or certify to its
truthfulness, the owner shall file the dwelling certificate with the
City, together with a written statement that the tenant refused to
comply.
Upon filing a dwelling certificate, except in the case of a dwelling certificate filed pursuant to §
128-2A hereof, an inspection of the dwelling unit shall be required upon any change of occupancy, whether by change of ownership or as a result of a new lease, rental or other occupancy, unless the property owner had previously filed a dwelling certificate for the dwelling unit and a dwelling inspection was conducted within 11 months of the new occupancy and/or sale or where the dwelling unit is located with a garden apartment and/or multi-dwelling unit having more than two dwelling units and the owner shows proof of being registered with the State of New Jersey under the New Jersey Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.).
A. An inspection as a result of a change of ownership
shall take place prior to the transfer of title to the new owner.
B. An inspection required as the result of a change of
occupancy for a rental or lease may take place either prior to or
subsequent to the change of occupancy, provided that a dwelling certificate
has been filed with the City of Garfield setting forth the location
of the dwelling unit and the identity of the new occupants.
C. The owner and/or tenants shall provide access to the
premises, common areas, the basement and/or cellar and the attic at
a time designated by the Zoning Officer of the City of Garfield or
his designee in order to conduct the inspection required in accordance
with this chapter.
[Amended 2-13-2007 by Ord. No. 2484; 2-26-2013 by Ord. No.
2645; 5-28-2019 by Ord. No. 2811; 5-23-2023 by Ord. No. 2993]
A. The fee for the issuance of a dwelling certificate shall be $60 per
dwelling unit, which shall include the fee for the smoke detector
certification.
B. The fee for the reissuance of a lost or misplaced dwelling certificate
shall be $5 per certificate reissued.
C. In the event that the owner and/or tenant does not provide access
to the premises as set forth in this chapter and it is necessary for
the Zoning Officer or his designee to return to the premises to conclude
the inspection, an additional fee of $60 shall be due and payable.
Commencing 90 days after adoption, a transfer
of title of any dwelling unit shall not take place unless a dwelling
inspection has been conducted pursuant to the provisions of this chapter.
The tax search official of the City of Garfield
shall provide to each person requesting a tax search from his office
a statement calling attention to the provisions of this chapter.