[Amended 4-18-1978 by Ord. No. 2305]
As used in this article, the following terms shall have the meanings indicated:
Any building or part thereof rented for purposes of residential occupancy.
[Adopted 3-16-1976 by Ord. No. 2175 (§§ 13-103 to 13-109 of the 1978 Revised General Ordinances)]
A.
No owner, managing agent, rental agent, superintendent or any other person (hereafter collectively referred to as "landlord") shall permit occupancy of any dwelling unit in a multiple dwelling by any tenant who was not the tenant thereof on March 18, 1976, unless such landlord first shall have obtained a new certificate of occupancy for such dwelling unit for each such new tenant as provided in § 325-39 hereof.
B.
Any certificate of occupancy issued pursuant to this article shall specify the name of the tenant or tenants for whose occupancy the certificate is issued.
A.
No certificate of occupancy shall be issued for a dwelling unit unless such dwelling unit has been found to be in satisfactory condition as hereinafter provided nor until the names of the new tenants thereof have been provided to the Chief Inspector.
B.
A landlord may request a certificate of occupancy for a dwelling unit by delivering a written notice of such request to the Chief Inspector.
C.
If, within a six-month period preceding the date on which the new tenants shall take possession, the Chief Inspector had caused an inspection of the dwelling unit to be conducted and if the most recent such inspection revealed that the condition of the dwelling unit did not violate any applicable provisions of the ordinances or codes of the City of Englewood, or any applicable provision of the statutes of the State of New Jersey, or any applicable regulation promulgated thereunder, the Chief Inspector shall promptly issue a certificate of occupancy therefor upon receipt of the names of the new tenants thereof.
D.
If the dwelling unit was not inspected within the six-month period specified above or if the most recent inspection revealed a violation, the Chief Inspector shall inspect or cause to be inspected such dwelling unit as soon as reasonably possible following receipt of such notice. If such inspection discloses that the condition of the dwelling unit does not violate any such ordinance, code, statute or regulation then upon receipt of the name of the new tenant thereof (within not more than six months after the conducting of the inspection) the Chief Inspector shall promptly issue a certificate of occupancy therefor.
E.
If the request for a certificate of occupancy is received by the Chief Inspector at least 24 days before the date specified therein as the date on which a new tenant is to take occupancy of the dwelling unit, and if such inspection is not made at least three days before the said specified date on which such new tenant is to take occupancy then, upon furnishing to the Chief Inspector the names of the tenants who are to take occupancy on such specified date, the landlord shall have a right to receive promptly a certificate of occupancy therefor.
F.
If the inspection discloses that there is such a violation, the Chief Inspector shall promptly give to the landlord a written notice specifying the nature of such violation, and, except as provided in § 325-41 hereof, no certificate of occupancy shall be issued until all such violations have been corrected.
If the inspection discloses that the condition of the dwelling unit does violate an ordinance, code, statute or regulation as provided above and if the landlord disputes such finding, a hearing respecting same, which may be informal, shall be held before the Chief Inspector not more than seven days thereafter at which time the landlord shall have the opportunity to submit any evidence on his behalf, and at the conclusion of the hearing the Chief Inspector shall either affirm the finding previously made, or modify or reverse the same.
In the event that the Chief Inspector determines that the condition of the dwelling unit does violate an ordinance, code, statute or regulation as provided above, but that occupancy thereof for a short period of time will not endanger life, safety or health, and if the landlord agrees to correct such violation within a period of time to be prescribed by the Chief Inspector, which shall not be in excess of 60 days, then the Chief Inspector may issue a temporary certificate of occupancy permitting occupancy of the dwelling unit for such period of time; provided, however, that before issuing such temporary certificate of occupancy, the Chief Inspector shall first estimate the maximum reasonable cost of curing said violation and shall cause the landlord to deposit with the City of Englewood a sum equal to 1 1/2 times said estimated cost, the same to be held by the City to ensure the performance of the required corrective work. If the landlord does cure said violation within the prescribed time period, such deposit shall be returned to him; otherwise, the Chief Inspector shall be authorized to cause the corrective work to be done and to apply the deposit to cover the cost thereof, after which any portion of said deposit which shall not have been used for said purpose shall be returned to the landlord.
The actions to be taken hereunder by the Chief Inspector may be taken either by the Chief Inspector or any person delegated or appointed by him to do so.
Any person who violates any provision of this article shall be fined not more than $500 or imprisoned for not more than 90 days, or both. Each day on which a violation occurs or continues shall be deemed a separate offense.