[G.O. No. 1737, § I; amended 11-1-2016 by G.O.
No. 2069]
(a)
Title. This chapter shall be known as the "Certificate of Occupancy
Chapter of the Town Code of the Town of Westfield."
(b)
Findings and declaration of policy. It is found as to multifamily
dwellings, as defined herein, that there are insufficient resources
available at the state level to ensure adequate inspection and enforcement
of the maintenance of these type dwellings and it is the Town's
intent to intervene and prevent the deterioration of the rental units
in the Town of Westfield, to ensure, with efficient and regular inspections,
that the care and maintenance of these structures is kept to a minimum
standard. It is found and declared that in order to protect the health,
safety and welfare of the citizens of the Town of Westfield, it is
necessary to adopt maintenance standards for multifamily dwellings
with inspections to determine such standards are met whenever a multifamily
dwelling is sold.
[G.O. No. 1737, § I; amended 11-1-2016 by G.O.
No. 2069]
As used in this chapter, the following terms shall have the
meanings indicated:
Any building or structure and the land appurtenant thereto
containing three or more apartments or dwelling units.
The holder or holders of the title in fee simple.
[G.O. No. 1737, § I; amended 11-1-2016 by G.O.
No. 2069]
(a)
Inspections of the interiors of all multifamily dwellings shall be
based upon the requirements of the New Jersey State Housing Code,
N.J.A.C. 5:28-1.1 et seq.
(b)
All inspections related to the exterior of any multifamily dwelling shall be based upon the Exterior Property Maintenance Code of the Town of Westfield, Chapter 35 of the Town Code of Westfield.
(c)
Firesafety inspections should be based upon the Uniform Fire Code,
State of New Jersey, N.J.S.A. 52:27D-192 et seq., and N.J.A.C. 5:70,
Subchapters 2, 3, 4 and 5, which are incorporated herein for the purpose
of establishing a system for the enforcement of minimum firesafety
standards of multifamily dwellings located within the Town of Westfield.
Each of the regulations, provisions, penalties, conditions and terms
of said Uniform Fire Code are hereby referred to, adopted, and made
a part hereof as if set out in this chapter.
[G.O. No. 1737, § I; amended 11-1-2016 by G.O.
No. 2069]
No multifamily dwelling shall be sold to any purchaser unless
a certificate of continued occupancy is first issued by the Construction
Official of the Town. Whenever an owner wishes to obtain a certificate
of continued occupancy, the owner shall submit an application to the
Construction Official on a form to be prescribed by the Construction
Official of the Town.
(a)
In cases where a multifamily dwelling is about to be sold, a statement
from the owner shall be filed with the Construction Official which
shall state the address of the premises, the name and address of the
owner of the premises, the name and address of the superintendent
and/or the name and address of the agent in charge of the premises,
if applicable, the number of apartments in said premises, a description
by number or letter of each apartment in the premises and the name
of the tenant located within said premises on the date the statement
was prepared. If the owner of said premises is a corporation or entity
other than an individual, said statement shall be made under oath
by the president, vice president or secretary of said corporation
or a principal of such other entity.
(b)
The Construction Official shall issue a report in writing of the
results of the inspection, a copy of which must be given to the owner.
Within 21 days of the delivery of the report, the owner must remedy
any violations disclosed in the inspection report with respect to
the interior of the multifamily dwelling and any violations with respect
to the interior of the dwelling which the Construction Official determines
as rendering the dwelling inhabitable or otherwise jeopardizing the
health, safety or welfare of the dwelling residents. Upon the correction
of such violations, the Construction Official shall issue an unconditional
certificate of continued occupancy to the owner.
(c)
The Construction Official may issue a conditional certificate of
continued occupancy for the owner, with the conditions relating exclusively
to remedying violations arising under the Exterior Property Maintenance
Code on the exterior of the multifamily dwelling, if the Construction
Official determines that such violations do not render the dwelling
uninhabitable or otherwise jeopardize the health, safety or welfare
of the dwelling residents. The conditions must include a date by which
the violations shall be eliminated. Failure of the owner to satisfy
the conditions by such date are subject to the provisions of the Exterior
Property Maintenance Code. Upon the satisfaction of the conditions,
the Construction Official shall issue an unconditional certificate
of continued occupancy to the owner.
[G.O. No. 1737, § I; amended 11-1-2016 by G.O.
No. 2069]
The fee for said certificate of continued occupancy, including
the inspection, shall be $75 per inspection for each multifamily dwelling
consisting of three dwelling units. The fee shall be increased by
$25 for each dwelling unit in excess of three. The fee shall be paid
when the application for a certificate of continued occupancy is filed.
These fees shall be subject to increase from time to time in the same
manner as other fees imposed by the Construction Official's office
increase.
[G.O. No. 1737, § I; amended 11-1-2016 by G.O.
No. 2069]
No certificate of continued occupancy shall be issued for any multifamily dwelling that is not fit for human habitation, occupancy or use in full compliance with the ordinances of the Town of Westfield and the statutes and regulations of the State of New Jersey referred to in § 12B-3 above relating to building, health, safety, or general welfare and no certificate of continued occupancy shall be issued if there are found on the premises defects causing the hazards of fire, lack of adequate ventilation, lack of adequate light or sanitary facilities, dilapidation, disrepair or structural defects or uncleanliness so as to tend to cause or spread disease or harbor insects, rodents or vermin.
[G.O. No. 1737, § I; amended 11-1-2016 by G.O.
No. 2069]
If, in the opinion of the Construction Official, additional
expertise is needed from either the Health Department, the Police
Department or the Fire Department in order to determine whether hazards
exist, said Construction Official herein has the power to secure the
assistance and to enter the premises in conjunction with representatives
of said departments so as to make inspections of the premises.[1]
[1]
Editor's Note: Former § 12B-8, Rules and regulations
authorized, G.O. No. 1737, § I, which immediately followed
this section, was repealed 11-1-2016 by G.O. No. 2069
