[HISTORY: Adopted by the Township Committee of the Township of Rochelle Park 6-17-2009 by Ord. No. 1004-09. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ENFORCEMENT OFFICER
- The Construction Official of the Township of Rochelle Park or such other officer designated by the Township Committee to enforce the provisions of this chapter.
- MULTIPLE DWELLING
- Any building or structure containing two or more rented or leased dwelling units occupied or intended to be occupied by two or more persons, together with all appurtenant land, buildings and structures.
- The lawful possession of a dwelling unit, commercial or industrial space.
- The person or persons holding a legal or equitable fee simple interest in a commercial, industrial or residential building, or in case of premises held in the cooperative form of ownership, the person or persons holding legal or equitable title to the cooperative shares allocated to a dwelling unit.
- RESIDENTIAL BUILDING
- Includes one-, two- and three-family homes, multiple-family dwellings and units therein and individual condominium and cooperative units.
No person shall occupy or use any portion of a commercial, industrial or residential building after such building or portion thereof has been vacated or sold, or when there has been a change in use or occupancy of such building or any portion thereof, until the owner or landlord thereof shall have applied for and secured a certificate of continuing occupancy subject to the requirements of § 75-3 herein. Such certificate shall be issued upon a general inspection of the visible parts of the building and the portion thereof that has been vacated or sold or in which there has been a change in use and occupancy, finding that there are no imminent hazards and that the premises in question are in compliance with applicable building, health, safety and fire codes, regulations, ordinances and statutes of the Township of Rochelle Park.
Prior to the rental, sale or lease of any commercial or industrial property or the sale of a residential building or the sale of any individual unit in a multiple-family dwelling involving a new occupancy or change of use, the enforcement officer shall issue a certificate of continuing occupancy in accordance with the standards set forth in § 75-2 of this chapter.
No certificate of continuing occupancy may be issued to a residential building or any portion thereof unless an approved smoke detector device has been installed as required by applicable state statute and local ordinance.
Prior to any rental, lease or sale of any building or any portion thereof, as set forth in § 75-3 above, the owner thereof shall apply to the enforcement officer on an appropriate form for a certificate of continuing occupancy.
The enforcement officer shall conduct an inspection of said commercial, industrial or residential building, or portion thereof which is to be sold, rented or leased, within a reasonable time, not exceeding 30 days after completion of said application, and shall issue a certificate of continuing occupancy, provided that the standards set forth in § 75-2 of this chapter have been satisfied and, in the case of residential building, that the premises are in compliance with the requirement of installation of a smoke detector alarm system.
If, after inspection by the enforcement officer, a certificate of continuing occupancy may not be issued to the commercial, industrial or residential building or portion thereof because of the existence of a violation of any code or failure to comply with the standards set forth in § 75-2 of this chapter, notice shall be given by the enforcement officer to the owner detailing the violations of applicable laws, regulations or ordinance. The enforcement officer shall have the authority to issue any summons or complaint for any violation of any ordinance, statute or regulation against the owner and/or occupant of the commercial, industrial or residential building or portion thereof wherein the violation exists. In the event any violations are found to exist, there shall be no new occupancy or use of the premises until the criteria has been satisfied for the issuance of the certificate of continuing occupancy.
In the event that, upon inspection of the enforcement officer, a violation exists which reveals that the property is being utilized in violation of local ordinances regarding occupancy limitation or number of separate dwelling units, the following shall be required in order to satisfy the enforcement officer that said condition has been abated:
If separate and distinct utility services are installed at the premises for the "illegal units," these utility services must be removed to the satisfaction of the enforcement officer; and
The present owner and contract purchaser, if any, must execute a statement, under oath, acknowledging that they are aware that the premises are to be used in a manner which is consistent with all local and state laws and they are further aware that all providers of municipal services and other municipal officials shall be obligated to report any violation of this chapter or any other ordinances of the Township of Rochelle Park and that they will be subject to fines and other penalties consistent with law in the event of said future violation.
The following fees shall be applicable for the inspection and issuance of a certificate of continuing occupancy:
For one-family homes and individual condominiums, cooperative units and apartment units: $75.
For two-family dwellings: $75 per unit.