[HISTORY: Adopted by the Mayor and Council of the Borough of Harrington Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-16-1990 by Ord. No. 429]
The Mayor and Council of the Borough find as a fact that there exists a potential threat and danger to the health, safety, and welfare of the citizens of the Borough when a change in or a transfer of ownership, tenancy, occupation or use of a commercial or industrial property takes place and when such change or transfer results in a new occupation or use different from that of the business, occupation or use previously inspected as a condition precedent to the issuance of a certificate of occupancy, which new use may involve procedures, fabrications or the storage of materials which present a fire, health or other danger. The Mayor and Council recognize this potential danger and deem it desirable, in the best interests of fulfilling their governmental responsibility and in the best interests of the health, safety and welfare of the citizens of the community, to correct said problem.
From the effective date of this article, no commercial or industrial premises, or portion thereof, whether in a commercial or industrial zone or in a different zone by reason of being a nonconforming use, shall be sold, re-let or re-rented and thereafter occupied by a new owner, tenant or subtenant without the issuance, pursuant to an appropriate application therefor, of a certificate of continued occupancy.
The owner, tenant or subtenant of commercial or industrial premises about to be newly occupied by such owner, tenant or subtenant, or his/her respective agent, shall apply to the Construction Code Official of the Borough for a certificate of continued occupancy and shall supply as required information on said application all facts relating to the nature of the business, occupation or industry to be conducted on the premises, the manufacturing or other processes involved and the nature of all materials to be stored in or on the premises as part of or pertinent to said business, occupation or use. Upon receipt of said application, the Construction Code Official shall review the same within 10 days with the Fire Protection Subcode Official, Health Officer and other subcode officials as deemed necessary by the Construction Code Official and shall either issue a certificate of continued occupancy or a written statement of the reason or reasons for a denial of the same.
The owner, tenant or subtenant of commercial or industrial premises about to be newly occupied by such owner, tenant or subtenant shall be responsible for notification to the Building Subcode Official of the pendency of any new ownership, tenancy or subtenancy.
[Amended 4-18-2011 by Ord. No. 658]
Any person or persons violating any portion or provision of this article shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 164, Fines and Penalties. Each day of violation shall be considered a separate offense.
[Adopted 6-19-2012 by Ord. No. 670]
No person shall occupy, rent, lease, transfer title, or inhabit as a tenant or tenants or occupy as an new owner any residential use until the current owner or representative of such owner (including an attorney representing the owner or prospective purchaser of such property) has applied for and secured a certificate of continued occupancy from the Construction Department of the Borough of Harrington Park.
An inspection shall be conducted to ensure that applicable municipal ordinances affecting the use and occupancy of the premises have been reasonably enforced and that there are no outstanding violations of applicable Borough ordinances, including ordinances governing sidewalks and redirection/removal of sump pumps out of sanitary sources. Any construction work for which a Uniform Construction Code permit was issued shall be inspected and closed. A certificate of smoke detector installation shall be issued by the Harrington Park Fire Prevention Bureau before a certificate of continued occupancy may be issued.
The current owner, landlord, prospective buyer/tenant or any agent of any residential premises about to be sold, transferred or newly occupied shall apply for a certificate of continued occupancy provided by the Harrington Park Construction Department.
A temporary certificate of continued occupancy may be issued at the request of the owner, landlord, prospective buyer/tenant or any agent thereof, provided that a suitable escrow is established to cover any and all requested conditions for the issuance of a certificate of continued occupancy. Escrow monies will be held in the account of either of the respective attorneys for the seller or buyer (or if no attorney is involved then with the Chief Financial Officer of the Borough). No temporary certificate of continued occupancy shall exceed 90 days unless extenuating circumstances are shown.
Upon receipt and review of a complete application by the Construction Code Official or his lawful designee, an inspection shall be conducted within 21 days of the property and a certificate of continued occupancy shall issue or a written report stating the reasons for its denial shall issue.
The fee for a certificate of continued occupancy shall be as provided in the Borough Fee Schedule. This fee shall be in addition to any other fees that may be required for fire inspection purposes.
Any person or entity who or which violates any of the provisions of this article shall be subject to a penalty as set forth in Chapter 164, Fines and Penalties.