[Adopted 9-5-2023 by Ord. No. 1237-23[1]]
[1]
Editor's Note: This ordinance also repealed former Art. III,
Certificate of Continued Occupancy, adopted 8-16-2004 by Ord. No. 857-04, as amended.
A.
Certificate of occupancy, resale and/or rental certificates are required
before occupancy. No person shall occupy, rent, lease, sublet, transfer
title to or suffer the occupancy of, the letting of or allow any person
to live in or upon, inhabit as a tenant or tenants or occupants or
to occupy as a new owner or cotenants or co-owner any dwelling house
or houses or dwelling units, within the confines of the Borough of
Old Tappan, unless and until that person shall have first obtained
from the Construction Official or his agent of the Borough of Old
Tappan a certificate of occupancy, resale and/or rental certificate.
B.
New occupancy or reoccupancy. The provisions of Subsection A shall apply with equal force and effect to any and all new and additional lettings, tenancies, transfers of title of premises or any part thereof and occupancies of any dwelling house, houses, dwelling units or any nonresidential building within the Borough, upon vacating of same, whether the reoccupancy is by virtue of transfer of title of the dwelling house, houses, dwelling unit, dwelling units or nonresidential building or by virtue of rental of any of the foregoing or by virtue of any other action not specifically herein enumerated. The foregoing requirements for Subsections A and B shall be effective whether the occupancy, rental, lease or transfer of title is temporary, seasonal or permanent or whether or not for a consideration. No rental shall be less than 30 days and all residential and nonresidential properties are subject to the enforcement of the most current edition of the (ICC) International Property Maintenance Code.
C.
Residential structures.
(1)
When required. No owner or operator of a single-family or a multiple-family
dwelling shall permit the occupancy of a dwelling unit by a tenant
not previously occupying said dwelling unit without first obtaining
an inspection certificate from the Construction Official or his agent.
All inspections required hereunder shall be made within 10 days after
receipt of a written request from the owner or operator.
(2)
When not required. No inspection certificate shall be required:
(3)
Resale only certificates may be issued provided that a notarized
letter is received from a purchaser's attorney that the dwelling
will not be occupied until an inspection certificate pursuant to this
chapter or a certificate of occupancy has been issued.
D.
Commercial structures.
(1)
When required. No owner or operator of a commercial structure shall
permit the occupancy of a commercial structure by a tenant not previously
occupying said commercial structure without first obtaining an inspection
certificate from the Construction Official or his agent. All inspections
required hereunder shall be made within 10 days after receipt of a
written request from the owner or operator.
(2)
When not required. No inspection certificate shall be required:
As used in this section, the following terms shall have the
meanings indicated:
Includes but is not limited to any one-family dwelling, all
apartments, or portions of apartments in any apartment house or apartment
structure and any rooms in a motel, hotel or other place of public
accommodation. The term shall also include a unit in a condominium
or cooperative.
As used in this section, the word "occupant" refers to any
person or entity that desires to act as licensor, landlord, sublandlord,
lessor, sublessor, or who in any way desires to allow further occupancy
of any portion of real property for remuneration of any kind.
Any individual, partnership, firm, corporation, holding company,
foreign corporation, limited-liability company or any other entity,
whether or not incorporated in this or any other state or country,
including any real estate broker or real estate agent or any representative,
servant or employee of the foregoing.
A.
This section shall apply to each and every dwelling house as aforesaid
and to each and every dwelling unit as aforesaid within the Borough
and shall include all single and multiple dwellings and premises on
which a building is located and is used for human occupancy.
B.
Rooming houses exempt. Licensed rooming houses that are annually
examined and licensed by the Township shall be exempt from the rental
portions of this section only, provided that they keep an accurate
register giving true names and addresses of all persons occupying
any rooms for any period of time.
C.
Effect on other municipal ordinances. Nothing contained in this section
shall exempt any of the dwellings or buildings or parts of buildings
covered by this section from full and complete compliance with any
other provisions of any other ordinance or ordinances of the Borough
of Old Tappan, as the same may be applicable.
A.
Prior to the rental, transfer of title or occupancy of any dwelling house or houses or any dwelling unit or units provided for in this section, application for a certificate of occupancy, resale and/or rental certificates permitting occupancy shall be made, in writing, to the Construction Official or his agent of the Borough by that person, persons, firm or corporation, agent, servant or representative, as set forth in Subsection A, and consent shall be given therewith unto the Construction Official or his agent to enter upon and examine the dwelling house or houses and dwelling unit or units and the building or buildings wherein the same may be situate, for which the application is applied for.
B.
All applications for such certificates, as aforesaid, shall be made
in writing and shall state the name and address of the owner of the
dwelling house or houses, the dwelling unit or units and the building
or structure wherein the same may be situate; and the name and address
of the owner-occupant or tenant-occupant or any other occupant of
the same; and also the name and address, if a sale or transfer of
title, of the seller, transferor, buyer and the new proposed owner-
occupant or any-other-purposes occupant; and shall further state the
name and address of the renting or sales agent, if any, and shall
describe the premises to be occupied, including the street address
thereof, and a designation of the portion or portions of the premises
or structures for which the specific application is being made and
the specific room or rooms in the premises to be occupied for sleeping
purposes and the number of persons to occupy each sleeping room.
ATTENTION: Permits and approvals are required for any recent
construction and all open permits must have a final inspection before
a RRC inspection can be scheduled.
A.
The Construction Official or his agent shall conduct an inspection
of the premises in question, to ensure compliance with applicable
municipal ordinances and rules and regulations affecting the use and
occupation of all such dwelling houses and dwelling units and structures.
The inspection shall also require compliance with, but not limited
to, the following regulations:
(1)
Furnace/boiler flue connections: properly sealed vent connectors
at chimney.
(2)
Water heater/mechanical equipment: require a permit to replace
and must have an inspection with an approved sticker affixed to the
exterior of the unit.
(3)
Sump pumps must be discharged to the exterior and cannot be
attached to sanitary sewer line.
(4)
Antitip brackets shall be installed on kitchen stoves if required
by the manufacturer.
(5)
Kitchen hood/microwave exhaust ducts that are visible must be
rigid, not flexible, where required by the manufacturer.
(6)
All electrical outlets, switches, junction boxes, panels must
be properly covered; no wires exposed or hanging.
(7)
Lamp cords cannot be used on fixed appliances (e.g., garage
openers, wall-installed A/C units).
(8)
Handrails: must be installed on four or more risers.
(9)
Guards must be installed on landings 30 inches above floor/grade
and on open basement stairs.
(10)
Garage walls/ceilings adjacent to dwelling must be sheet rocked.
(11)
Pool/pool gates and fencing. There can be no deviation from
original fence installation, gates must swing out, be self-closing
and latching, and have latches 54 inches above grade, aboveground
pools in nonfence-compliant yards must be 48 inches high with code
compliant ladders.
(12)
Lawn and bushes should be neatly trimmed.
(13)
There can be no open permits or property maintenance violations.
***This inspection is visual only. It should not be considered
a UCC building inspection and is not a guarantee or warranty of any
kind***
B.
No certificate of occupancy, resale and/or rental certificate permitting
occupancy shall be issued unless there is full and complete compliance
with all of the foregoing, unless otherwise specified, in writing,
by the Construction Official or his agent.
(1)
The purpose of this change is to ensure that there are no violations
of either the zoning or building codes; specifically, to check to
see that no illegal conversions of single-family homes to two-family
and to check for safety violations.
A.
Any person, persons, partnership, firm, corporation, holding company,
foreign corporation, limited-liability company or any other entity,
whether or not incorporated in this or any other state or country,
including any real estate broker or real estate agent or any representative,
servant or employee of any of the foregoing, who in any manner knowingly
fails to fully comply with the terms and covenants of the within section
and who is part of any transaction resulting in the violations of
any of the terms and provisions of the within section shall be deemed
to have violated the terms and provisions of the within section and
is subject to the penalties provided in this revised section for violation
of the same, unless and until a certificate of occupancy, resale and/or
rental certificate permitting occupancy as aforesaid shall have been
issued.
B.
All violations of this section by any person or persons, partnership,
firm or corporation or any agents or servants or representatives,
as provided herein, whether the person is the owner of the premises,
the agent of any party as aforesaid or the tenant or the occupant
or occupants, shall be deemed separate and distinct violations for
each and every day that said violations may continue, and all parties
violating this section shall be deemed jointly and severally liable
for any and all such violations. For each and every violation committed,
in violation of this section, violators shall be subject to penalty
of $1,000 per day.
A certificate of occupancy, resale and/or rental certificate
permitting occupancy to be issued under the terms of this section
shall be issued solely by the Construction Official or his agent without
the necessity of approval therefor by the governing body of the Borough
of Old Tappan. The fee for issuance of such certificate, as provided
for herein.
All buildings or structures or dwelling houses or dwelling units
for which application shall have been filed by virtue of this section
shall fully comply with all other municipal ordinances or requisite
municipal requirements for the structures or units. The Construction
Official or his agent shall be required to specify the corrections
to be made to the premises for the certificate to be issued.
All owners or renting agents of real estate or person or persons
applying for a certificate, as provided herein, shall advise the Construction
Official or his agent of a reasonable time or times that the inspection
may be made and have someone present to assist and provide entry for
the inspection purposes. The Construction Official or his agent shall
comply with the request and application within 10 working days after
entry is provided and, when proper, shall issue the certificate upon
approval.
No tenant, owner or occupant shall sublease, sublet, transfer
title (except as heretofore provided), permit the use or the occupancy
of the dwelling house, dwelling unit, swimming pool or structure provided
for herein without following the procedures set forth and required
by the within section, nor shall any real estate broker or agent or
representative of any of the foregoing permit any violation of this
section.
Inspections for lead-based paint in rental dwelling units shall
be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et
seq., and N.J.S.A. 55:13A-1 et seq. A dwelling unit in a single-family,
two-family, or multiple rental dwelling shall not be subject to inspection
and evaluation for the presence of lead-based paint hazards if the
unit:
A.
Has been certified to be free of lead-based paint;
B.
Was constructed during or after 1978;
C.
Is in a multiple dwelling that has been registered with the Department
of Community Affairs as a multiple dwelling for at least 10 years,
either under the current or a previous owner, and has no outstanding
lead violations from the most recent cyclical inspection performed
on the multiple dwelling under the "Hotel and Multiple Dwelling Law,"
P.L.1967, c.76 (C.55:13A-1 et seq.);
D.
Is a single-family or two-family seasonal rental dwelling which is
rented for less than six months duration each year by tenants that
do not have consecutive lease renewals; or
E.
Has a valid lead-safe certification.
A.
General inspection. The owner, landlord and/or agent of every rental
dwelling unit offered for rental shall be required to have an inspection
of the facility done by the rental inspection officer prior to the
rental thereof. The rental inspection officer shall inspect every
rental dwelling unit prior to any occupancy or reoccupancy of the
dwelling.
B.
Lead-based paint inspection. The owner, landlord and/or agent of
every single-family, two-family, and/or multiple dwelling unit offered
for rental shall be required to obtain an inspection of the unit for
lead-based paint hazards every three years, or at tenant turnover,
whichever is earlier.
C.
Notice. Whenever any rental dwelling unit is scheduled for a change
in occupancy, the then current owner shall provide written notice
to the rental inspection officer that an inspection is needed at least
20 days' prior to the scheduled change.
D.
Time for inspections. All inspections and reinspections shall take
place within 10 working days of the requested inspection. Inspection
fees shall be paid prior to the inspection. No inspections or reinspections
shall take place unless all fees are paid. Scheduled inspections or
reinspections may be canceled by the Township unless the completed
application and required fees have been received by the township at
least 24 hours prior to the scheduled inspection or on the last working
day prior to the scheduled inspection. Every inspection where the
landlord, tenant, owner or agent has failed to provide access for
inspection shall be deemed a failed inspection.
In addition to the General Inspection fees due pursuant to this
section, an additional fee in the amount of $200 shall be paid for
each lead-based paint inspection. Said fee shall be dedicated to meeting
the costs of implementing and enforcing this subsection and shall
not be used for any other purpose. Alternatively, a dwelling owner
or landlord may directly hire a private lead evaluation contractor
who is certified to provide lead paint inspection services by the
Department of Community Affairs to satisfy this requirement, in which
case no additional lead-based paint inspection fee shall be paid,
however, an administrative fee of $40 shall be collected along with
a fee of $20 to be collected and sent to the Lead Hazard Control Assistance
Fund.
