Township of Middletown, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Middletown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 172.
Uniform construction codes — See Ch. 198.
[Adopted 10-22-1984 by Ord. No. 1725 (Ch. 92, Art. I, of the 1996 Township Code)]
The Mayor and the Township Committee of the Township of Middletown find as a fact that there exists a potential threat and danger to the health, safety and welfare of the citizens of the Township of Middletown in that new tenants of existing property and structures in both commercial and industrial zones oftentimes conduct a business, occupation or use differently from that of the business, occupation or use previously inspected or originally inspected when an original certificate of occupancy was granted, which new business, occupation or use involves procedures, fabrications or the storage of materials which present a fire, health or other danger. The Mayor and the Township Committee recognize this potential danger and deem it desirable and in the best interests of the citizens of this Township to correct said problem and thus protect the health, safety and welfare of the citizens of this Township.
From the effective date of this article, no premises or portion of premises of a commercial or industrial property, whether in a commercial or industrial zone or in a different zone by reason of a nonconforming use, shall be relet, rerented or sold and thereafter occupied by a new tenant or owner without the appropriate application for and issuance of a certificate of occupancy.
A. 
The new owner or tenant of the premises about to be newly occupied or their respective agents shall apply to the Construction Official of the Township of Middletown for a certificate of occupancy and shall supply, as necessary information on said application, all facts relating to the nature of the new owner's or tenant's business, occupation or industry, the manufacturing or other processes involved and the nature of all materials intended to be stored on the premises, to be part of said premises or pertinent to said new business use or occupation, with the form of application to be set by the Construction Official.
B. 
Within 10 business days of receipt of said application, the Construction Official shall issue or deny the application after reviewing it and inspecting the building or structure with the Fire Prevention Bureau Fire Inspector, Health Officer and other subcode officials as deemed necessary by the Construction Official to determine whether the premises comply with all of the provisions of this article or any other ordinance of this Township. If the building or structure, as intended to be used, meets the requirements hereof, the Construction Official shall forthwith issue a certificate of occupancy. If the building or structure does not meet the requirements hereof, the Construction Official shall notify the applicant of the details in which the building or structure does not meet the requirements hereof. When such details have been perfected, the applicant shall notify the Construction Official, in writing, that the items have been corrected and reinspection shall be made with the certificate of occupancy being issued or denied within five business days of receipt of the notice of correction.
C. 
A fee as set forth in Chapter 240, Fees, shall be charged for the first inspection by the Building Department. Any reinspections, if required, shall be performed at a charge as set forth in Chapter 240, Fees.
[Amended 8-4-1997 by Ord. No. 97-2479]
D. 
The tax search officer shall provide notice of a certificate of occupancy requirement on all issued tax searches.
The owner or owners of all commercial and industrial premises shall be responsible, in addition to the perspective tenant, for notification to the Construction Official of the pendency of any new tenancy or ownership.
[Amended 8-4-1997 by Ord. No. 97-2479; 5-1-2006 by Ord. No. 2006-2876]
Any person adjudicated as having violated any provision of this article shall be subject to the penalties in Chapter 1, General Provisions, § 1-4, of this Code.