[HISTORY: Adopted by the Township Committee of the Township of Holland 2-5-1985. Amendments noted where applicable.]
A certificate of occupancy shall be hereafter required for any existing residential building in the Township (other than for a newly constructed building which has never been occupied for which a certificate of occupancy has been issued pursuant to other law) containing one or two dwelling units upon any change in ownership or change in tenancy (of the sort described in § 115-2 of this chapter) of such residential building. Such certificate shall be obtained prior to the closing of title on any such change of ownership and prior to any actual change in tenancy of the affected building.
[Amended 5-5-2015 by Ord. No. 2015-3]
The owner of any affected building shall notify the Zoning Officer of the Township of any impending change in ownership by deed (other than a deed executed pursuant to a court order) of an undivided interest in fee of a property containing an affected building or a change in tenancy of an affected building. After the receipt of such notice, the Zoning Officer shall, within 14 days, inspect the building to determine whether there is any obvious noncompliance with any Board of Health ordinances of this Township. with Chapter 135, Sewers, of the Code of the Township of Holland or with Chapter 100, Part 1, Zoning, of the Code of the Township of Holland, as amended. If there are found to be no instances of obvious noncompliance with such ordinances, the Zoning Officer shall, within one business day of such inspection, issue a certificate of occupancy; but if the building does not meet this requirement, the Zoning Officer shall notify the applicant of the details in which the building does not meet such requirement. If such instance of noncompliance with such requirement is subsequently rectified, the owner may again notify the Zoning Officer that the items have been corrected, and the Zoning Officer shall make an additional inspection, within 14 days of such notification that the items have been corrected, to determine if such items have been corrected and if the building now meets such requirement and, if so, shall issue the certificate of occupancy within one business day of such reinspection. The inspection to be made need not extend to any test or detailed investigation of the safety or adequacy of any septic or sewage disposal system, water supply system, plumbing system or any other system serving, or component of, the affected building, and neither such inspection nor the issuance of the certificate of occupancy shall be deemed or taken as a warranty of representation of such safety or adequacy.
Editor's Note: See Part III, Board of Health Legislation, of this Code.
No affected building shall be occupied or used by any new owner or new tenant under circumstances where notification is required to be given as set forth in the first sentence of § 115-2 of this chapter until the certificate of occupancy required by this chapter has been issued.
[Amended 12-3-1991 by Ord. No. 1991-9; 7-15-2003 by Ord. No. 2003-9; 9-6-2005 by Ord. No. 2005-10; 7-6-2010 by Ord. No. 2010-12A]
A fee, as established in Chapter 83, Fees, shall be paid for the first inspection by the Zoning Officer, and a fee, as established in Chapter 83, Fees, shall be paid for any reinspections required. Such fee shall be paid with the original notice given for the certificate of occupancy, or with the notice requesting reinspection. The Zoning Officer may require the completion of an application form, containing information reasonably related to the request for inspection to be completed and filed with the notice given pursuant to § 115-2 of this chapter. The foregoing fee shall include an inspection as to a smoke detector and carbon monoxide alarm where such devices are required by state law.
The Tax Search Officer of this Township shall provide a notice of this certificate of occupancy requirement on all issued tax searches for residential property in the Township.
[Amended 9-5-1989 by Ord. No. 1989-9]
The governing body may prescribe penalties for the violation of ordinances it may have authority to pass, either by imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days or by a fine not exceeding $1,000, or both. The court before which any person is convicted of violating this chapter shall have power to impose any fine or term of imprisonment not exceeding the maximum fixed in this chapter.
Any person convicted of the violation of this chapter may, in the discretion of the court by which he was convicted, and in default of the payment of any fine imposed therefor, be imprisoned in the county jail or place of detention provided by the municipality for any term not exceeding 90 days.