[HISTORY: Adopted by the Board of Commissioners of the Borough
of Mount Ephraim 11-6-2008 by Ord.
No. 14-08. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
following meanings:
The Construction Code Official or his/her designee.
A structure or building designed for use as living space for one or more people, including, but not limited to, one-, two- and three-family homes, multiple-family dwellings, duplexes, townhouses and condominiums, but not including dwelling units or rental units governed by Chapter 319, Rental Property Registration, of the Borough Code.
A.
No person shall occupy or use any portion of a residential premises
after such premises or portion thereof has been sold, until the owner
or landlord thereof shall have applied for and secured a certificate
of continued occupancy. Such certificate shall be issued upon a determination
by the Enforcement Officer that, based upon a general inspection of
the visible parts of the building and the portion thereof that has
been sold, there are no imminent hazards and that the premises in
question is in compliance with the applicable building, health, safety,
zoning and fire codes, regulations, ordinances and statutes of the
Borough of Mount Ephraim and State of New Jersey.
Prior to the sale of any residential premises or portion thereof,
the owner shall apply to the Enforcement Officer for a certificate
of continued occupancy. All applications for such certificates shall
be made in writing and shall state the name and address of the owner,
seller and/or transferor of the premises; the name and address of
the purchaser, buyer and/or transferee; the anticipated closing date;
and shall advise the Enforcement Officer of a reasonable time or times
that the inspection may be made.
The Enforcement Officer shall conduct an inspection of said residential building or portion thereof which is to be sold, within a reasonable time, not exceeding 20 days after completion of said application, and shall issue a certificate of continued occupancy, provided that the standards set forth in Subsection A of § 121-2 of this chapter have been satisfied.
If, after inspection by the Enforcement Officer, a certificate
of continued occupancy may not be issued to the 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 this chapter,
notice shall be given by the Enforcement Officer to the owner detailing
the violations of applicable laws, regulations or ordinances. The
Enforcement Officer shall have authority to issue any summons or complaint
for any violation of any ordinance, statute or regulation against
the owner and/or occupant of the residential building or portion thereof
wherein the violation exists. In the event that 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 continued occupancy.
The Borough of Mount Ephraim does not guarantee to the purchaser,
mortgagor or mortgagee that the residential premises inspected is
free from latent or patent defects; nor shall the Borough be liable
for damage or injury caused to any person as a result of any violation
not recorded in the inspection report, nor shall the Borough be liable
for any damages, claim or injuries to property which is the subject
of the inspection.
This chapter shall not apply to hotels, rooming houses or motels that are generally occupied by tenants or guests for less than 30 successive days, dwelling units not intended for human habitation or new construction, for which inspection and a certificate of occupancy is required by the Uniform Construction Code, and rental units governed by Chapter 319 of the Borough Code.
