[HISTORY: Adopted by the Borough Council of the Borough of
Lodi 6-16-1997 by Ord. No. 197-18. Amendments noted where applicable.]
A.
Each time there is a transfer of ownership, rental, use and/or reuse
of property within the Borough, which property is used or proposed
to be used, in whole or in part, as a one-family dwelling, as a two-family
dwelling, as a three-family dwelling or as a four-family dwelling,
a seller of such property must obtain from the Construction Official
a certificate of occupancy certifying that the property may be continued
to be used as it is currently being used and certifying that the use
of the property is a permitted use in the zone in which the property
is located, by virtue of either the fact that the use is a permitted
use in the zone or by virtue of the fact that the use is a valid nonconforming
use in the zone or a permitted use by legal variance procedure.
B.
It shall be unlawful for an owner to use or permit the use of any
premises, building or part thereof hereafter erected, altered, converted
or enlarged, wholly or in part, until a certificate of occupancy and/or
continued occupancy, applied for at the time of application for a
building permit, shall have been issued by the Construction Official.
The certificate shall show that the premises, building or part of
the building and the proposed use thereof conform to the requirements
of the Borough land use and/or construction regulations. It shall
be the duty of the Construction Official to issue a certificate of
occupancy and/or continued occupancy only when he is satisfied that
the premises, building or part of a building and the proposed use
thereof conform to the provisions of all applicable codes and ordinances
of the Borough. Such occupancy permits shall be granted or denied
in writing within 10 days from the date that a written application
is filed with the Construction Official. A certificate of occupancy
shall also be required prior to reoccupancy of a vacant existing building.
A certificate of occupancy is also required prior to the use of a
previously vacant lot or for a premises for which the use is being
changed.
Before a certificate of occupancy and/or continued occupancy
shall be issued, the Construction Official and/or his designee shall
make an inspection of the premises to determine whether the certificate
may or may not be issued.
Applications for a certificate of occupancy and/or continued
occupancy shall be submitted to the Construction Official, and once
the application has been received by the Construction Official, the
certificate indicating whether the proposed and/or present use may
or may not be continued shall be issued within 10 business days of
the receipt of the application.
[Added 10-18-2010 by Ord.
No. 2010-35]
A.
Notwithstanding § 585-22 of the Borough's Code, when any change in occupancy of any building or part thereof in any zoning district occurs, a new certificate of occupancy shall be required and issued by the Borough Zoning Enforcement Officer after review and approval by the Planning Board by means of referral to said Board by the Zoning Enforcement Officer. The Planning Board shall review same and impose any requirements as a prerequisite to the issuance of that certificate of occupancy that it would do in reviewing this use as part of the regular site plan application or variance application under the ordinances of the Borough of Lodi. This requirement of a new certificate of occupancy shall apply in all zoning districts except for residential uses. (A certificate of occupancy is still required for the sale or resale of any residential property, and the procedure for obtaining such certificate of occupancy is not altered or in any way affected by this subsection. The "exception" set forth herein is to be construed to only mean that the issuance of a residential certificate of occupancy need not be reviewed by the Planning Board.)
B.
As part of the application, the applicant shall also submit a survey
no less than three years old.
C.
The Zoning Officer shall forward a copy of the application and plans
to the Planning Board Attorney, Engineer and Planner.
D.
The Zoning Officer shall have the reasonable discretion to issue
a temporary certificate of occupancy, which shall be valid only for
a period of 60 days, upon the following terms and conditions:
(1)
The application is preliminarily reviewed and approved by the Zoning
Officer and Fire Prevention Bureau.
(2)
The application is reviewed and approved by the Planning Board and
a final certificate of occupancy is issued within said sixty-day period
and prior to the expiration of the temporary certificate of occupancy.
(3)
The Planning Board shall not be bound by the fact that a temporary
certificate of occupancy permit was issued when determining whether
or when a final certificate of occupancy should be issued and shall,
therefore, not be binding upon the Planning Board.
(4)
By accepting a temporary certificate of occupancy, the applicant
is deemed to proceed at his own risk and acknowledges that the issuance
of the temporary certificate of occupancy is not binding upon the
Planning Board and, therefore, shall not place any reliance upon said
temporary certificate of occupancy.
E.
Applicant may make a written request for a refund of any unused portion
of the escrow fee.
In the event a purchaser of the property in the Borough fails
to obtain a certificate of occupancy and/or continued occupancy, the
Construction Official shall notify the property owner of the violation
by posting a notice of violation at the subject premises. In the event
that the property owner fails to thereafter obtain a certificate of
occupancy and/or continued occupancy, the property owner shall be
subject to a fine of not less than $100 nor more than a fine of $2,000,
imprisonment for a period not exceeding 90 days and/or a period of
community service not exceeding 90 days, for each summons issued.
Each day a violation continues beyond the date fixed for compliance
in the notice provided for herein shall constitute a separate offense.
