[HISTORY: Adopted by the Mayor and Council of the City of Garfield 4-8-1997 by Ord. No. 2213 (Ch. 120 of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Certificate of continued occupancy — See Ch. 105.
Dwelling and rooming units — See Ch. 131.
Unlawful dwellings — See Ch. 134.
Housing standards — See Ch. 181.
Property maintenance — See Ch. 242.
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.[1]
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.
[1]
Editor's Note: See Ch. 105, Certificate of Continued Occupancy, §§ 105-4, 105-6 and Ch. 142, § 142-5C(2); Ch. 181, Housing Standards; and Ch. 341, Zoning.
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.
[Amended 12-30-2024 by Ord. No. 3049]
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.
D. 
The owner shall provide proof of inspection and remediation in compliance with lead-based paint regulations as required by the relevant City ordinances and N.J.S.A. 52:27D‐437.1 et seq.
[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.
A. 
Any person, partnership, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be punished by one or more of the following:
(1) 
A fine not exceeding $2,000; or
(2) 
Confinement in the municipal jail or in the county jail for a period of not exceeding 90 days; and
(3) 
By a period of community service not exceeding 90 days.
B. 
Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.[2]
[2]
Editor's Note: Former Subsection C, which set the penalty of fine for violations at $100, was repealed 10-27-2020 by Ord. No. 2848. This ordinance also redesignated former Subsections D through F as Subsections C through E.
C. 
In addition to the foregoing fines or penalties, any person, partnership, firm or corporation violating any of the provisions of this chapter within one year of the date of a previous violation of the provisions of this chapter shall be subject to be sentenced to an additional fine as a repeat offender. The additional fine shall not be less than the minimum nor exceed the maximum fine as set forth above and shall be calculated separately from the fine imposed for a violation of the provision of this chapter.
D. 
In addition, any person, partnership, firm or corporation who rents, leases or causes to be rented, leased or otherwise occupied any dwelling unit in violation of any provision of this chapter or chapters regarding dwelling certificate, housing standards and Zoning or any other chapter of the Code of the City of Garfield which results in the displacement of tenants shall be responsible for all relocation costs as set forth in N.J.S.A. 20:4-6 et seq.
E. 
The imposition of a penalty for a violation of this chapter or any other chapter of the Code of the City of Garfield shall not excuse the violation, shall not prevent the enforced removal or any prohibited condition and each day the prohibited condition continues shall constitute a separate offense.
[1]
Editor's Note: See Ch. 1, Art. II, General Penalty.