[HISTORY: Adopted by the Borough Council of the Borough of Upper Saddle River 10-8-2008 by Ord. No. 12-08. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CERTIFICATE OF CONTINUED OCCUPANCY
- The certificate provided for at N.J.A.C. 5:23-2.23 of the State Uniform Construction Code which certifies that, as a result of a general inspection of the visible parts of the existing dwelling, there are no apparent violations of the regulations.
- One- and two-family residences, including individual condominium units.
- Any person who, alone or jointly or severally with others, shall have legal title to any dwelling with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
No person shall change ownership or otherwise transfer title or lease a dwelling to a new owner or tenant of such dwelling unless and until that person shall have first obtained from the Construction Official, or his/her designee, a certificate of continued occupancy. The Construction Official, with the approval of the subcode officials, shall issue a certificate of continued occupancy, provided that there are no violations of law or orders of the Construction Official pending and it is established, after inspection and investigation of available municipal records, that the alleged use of the dwelling has lawfully existed. Nothing in this subsection shall prevent the continued lawful use and occupancy of any such lawfully existing dwelling.
An application for a certificate of continued occupancy shall be made in writing and shall state the name and address of the owner of the dwelling and the name and address of the buyer, if a sale or transfer of title, or of a tenant if a lease, as well as the seller, and shall describe the premises to be occupied by street address.
The fee for the issuance of a certificate of continued occupancy shall be $100, provided that there shall be an additional fee of $50 for any required reinspection.
Any person who is found to be in violation of the provisions of this chapter shall be subject to a fine in accordance with § 1-15 of the Borough Code.