[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:
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.
A.
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.
B.
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.
