[Amended 6-22-2021 by Ord. No. 1412-21]
All buildings, structures and units thereof, residential units,
other than owner-occupied one- and two-family dwellings, that are
leased or rented, regardless of the term, for living or sleeping purposes
shall be inspected by the Code Official on every initial occupancy
or change of occupancy after the effective date of this article.
All buildings, structures and units thereof which are inspected
pursuant to this chapter shall comply in all respects with the requirements
of Borough ordinances and the applicable provisions of the New Jersey
Uniform Construction Code[1] and the provisions of N.J.S.A. 55:13A-1 et seq. and 55:13B-1
et seq.
The owner, rental agent or manager of all buildings and structures
and units thereof which are subject to inspection pursuant to this
article shall be responsible for notifying, in writing, the Code Official
that such premises are leased or rented or being offered to be leased
or rented so that an inspection or reinspection may be made.
Upon completion of an inspection of the premises and the same
being determined by the Code Official to comply with this article,
a rental certificate of occupancy shall be issued. A copy of the certificate
shall be posted by the owner, rental agent or manager of the inspected
property in each separate leased or rented unit. No tenant shall occupy
any building, structure or any units thereof until a rental certificate
of occupancy has been issued.
In the event that the Code Official determines, after an inspection,
that the premises in question are in violation of this article or
of any other governing section of the Borough Code, the Code Official
shall notify, in writing, the owner, rental agent or manager of the
violations noted. Upon correction of the violations, the owner, rental
agent or manager shall notify, in writing, the Code Official that
the corrections have been made so that a reinspection of the property
may occur. If, upon reinspection of the property, the Code Official
determines that previous violations have not been corrected or that
new violations exist, then the Code Official shall, again in writing,
notify the owner, rental agent or manager of the inspected property
of the violations, and this process shall continue until all violations
have been corrected.
Notice shall be deemed to be properly served upon such owner
if a copy thereof is delivered to the owner, rental agent or manager
personally; or by leaving the notice at the usual place of abode in
the presence of someone in the family of suitable age and discretion
who shall be informed of the contents thereof; or by certified or
registered mail addressed to the owner at the last known address,
with return receipt requested; or, if the certified or registered
letter is returned with a receipt showing that it has not been delivered,
by posting a copy thereof in a conspicuous place in or about the structure
affected by such notice.
If, subsequent to the issuance of a rental certificate of occupancy,
the Code Official learns or becomes aware of violations of any governing
section of the Borough Code, an inspection shall be made of the subject
premises. If violations exist, notification in writing shall be given
to the owner, rental agent or manager, and said person shall have
10 days from service of the notice to correct all deficiencies noted
therein. In the event that the same have not been corrected within
10 days, then the rental certificate of occupancy may be revoked by
the Construction Code Official by mailing a notice of revocation by
certified mail to the owner, rental agent or manager and to the tenant
or tenants, and the premises shall be vacated.
A.
Any person violating or failing to comply with any provision of this
article shall, upon conviction thereof, be punished by a fine of no
less than $100 and no more than $1,250. In addition to the fine, such
person may be sentenced to imprisonment not to exceed 90 days, or
by community service of not more than 90 days, or any combination
of imprisonment and community service, in the discretion of the Municipal
Court Judge. The continuation of any such violation for each successive
day shall constitute a separate punishable offense, and the person
or persons allowing or permitting the continuation of the violation
may be punished as provided herein for each separate offense.
B.
Despite anything contained herein, in the event that a violation
order is not complied with promptly, the Code Official may institute
an appropriate action or proceeding at law or equity to exact the
penalty provided or may request the legal representative to proceed
at law or in equity against the persons responsible for the violation
for the following purposes:
(1)
To restrain, correct or remove the violation or refrain from any
further execution of work;
(2)
To restrain or correct the erection, installation or alteration of
each structure;
(3)
To require the removal of work in violation; or
(4)
To prevent the occupation or use of the structure or part thereof
which was erected, constructed, installed or altered in violation
of, or not in compliance with, the provisions of this Code or in violation
of a plan or specification under which an approval, permit or certificate
was issued.
In addition to any other fine or penalty imposed by this chapter,
if an owner fails to comply with any provision of this chapter, and
a tenant is required to relocate, or if the Borough subsequently is
required to relocate a tenant from a rental unit, the owner will be
liable for all of the costs of the tenant's relocation and shall further
be liable, and shall reimburse the Borough, for any payment the Borough
makes to relocate the tenant under any applicable laws and regulations.
[Added 7-16-2019 by Ord.
No. 1363-19]
A.
No owner of any building, dwelling, or dwelling unit shall sell or
transfer title of same without first obtaining a certificate of continued
occupancy from the Construction Department of the Borough of Caldwell.
[Amended 6-22-2021 by Ord. No. 1412-21]
(1)
In the event of a violation of the above, and/or occupancy without
the issuance of a certificate of continued occupancy, both the owner
and/or seller and the purchaser and/or lessee shall be deemed to have
violated this section, and the Code Enforcement Official shall immediately
order vacation of the property, and summon such person or persons
before the Caldwell Municipal Court without further notice.
B.
An owner shall make application for a certificate of continued occupancy
in a reasonable time prior to closing of title on any property. A
certificate of continued occupancy shall be valid 90 days after date
of the issuance of the certificate, after which the certificate will
expire. An application for an extension may be applied for an additional
90 days.
