[Adopted 12-27-1972 as Ord. No. 20-71-72]
The Departments of Building Inspection, Electrical
Inspection and Fire Prevention Bureau of the Borough of Wanaque, in
the County of Passaic, is hereby authorized to conduct inspections
of residential dwellings, upon the request of the property owner,
and to certify the result thereof by the issuance of a certificate
of compliance.
The certifications issued shall list any violations
of the Building Code, Housing Code, Zoning Ordinance, the Electrical
Code, the Fire Code and Plumbing Code, and shall in prominent type contain the statement that
"THE BOROUGH OF WANAQUE DOES NOT GUARANTEE THE PURCHASER, MORTGAGEE
OR MORTGAGOR THAT THE PREMISES INSPECTED ARE FREE FROM LATENT OR PATENT
DEFECTS: NOR IS THE BOROUGH OF WANAQUE LIABLE FOR DAMAGES OR INJURY
CAUSED TO ANY PERSON AS A RESULT OF ANY VIOLATION NOT RECORDED HEREIN
NOR IS THE BOROUGH OF WANAQUE LIABLE FOR ANY DAMAGES, CLAIM OR INJURIES
TO PROPERTY WHICH IS THE SUBJECT OF THIS INSPECTION." For purposes
of this section, "property" shall include any and all structures and
realty on which said structures are located.
All requests for certification shall be in writing to the department from which a certification is needed, and shall be accompanied by the fee set forth in §
75-5 below.
Each certification shall be issued by the respective
department or agency in charge of the subject of such inspection within
three weeks of receipt of the written request.
The fee for inspections and notices, orders
or statements issued shall be $15 per certification. This fee shall
include one reinspection within 90 days from the original request
for inspection. Additional reinspections after this period, if requested
within one year from the date of the original request shall be at
the rate of $10 per certification. A request for reinspection after
one year from the date of the original request shall be considered
to be a new request.
[Adopted 7-17-1989 as Ord. No. 14-0-89]
For purposes of this article, the following
definitions shall apply:
IMPERMISSIBLE UNIT
A residential rental unit which is:
A.
A residential rental unit, for which no certificate
of occupancy has been issued;
B.
A residential rental unit which is in excess
of the number of such units for a particular building or zone according
to the Zoning Code; or
C.
A residential rental unit which was created
without the required authorization of the Board of Adjustment, Planning
Board or Board of Health or without the required Plumbing, Electrical,
Fire or Building Department permits.
OWNER
The holder or holders of the title to the premises in fee
simple or having charge, care or control of the premises, as an owner
or agent of the owner, or as executor, administrator, trustee, receiver
or guardian of the estate or as mortgagee in possession, regardless
of how such possession was obtained. "Owner" includes all natural
persons, partnerships, joint ventures, corporation and corporate shareholders
owning or controlling in excess of 5% of the voting stock of said
corporation, all as shown on the official tax records of the Borough
of Wanaque, or as disclosed by diligent inquiry into the ownership
of real estate where the apartment or rental unit is located.
RELOCATION EXPENSES
Includes the actual and reasonable expenses incurred in moving
persons, furnishings and other personal property; actual and reasonable
loss of tangible personal property occasioned by such relocation;
and the actual and reasonable expenses of searching and requiring
a replacement apartment.
RESIDENTIAL RENTAL UNIT
A building or portion thereof, rented or offered for rent
for dwelling purposes to one or more tenants or family units.
No person or owner shall rent or suffer to be
occupied an impermissible unit in a building which such person owns
or otherwise controls.
The provisions of this article shall be enforced
by all members of the Wanaque Borough Police Department, the Zoning
Officer or Construction Code Official of the Borough of Wanaque and/or
the Health Officer of the Borough of Wanaque.