[1980 Code § 121-101; Ord. No. O-35-2014]
Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this Code without having right of access to the building or premises through or across adjoining premises not owned by him or under his control, and where right of access has been refused the owner, operator or occupant, or where the owner or person responsible for granting permission cannot be found or located, then, upon filing of affidavit setting forth the facts with the Department Head of Code Enforcement or his designee, he shall serve a five-day written notice of a hearing in accordance with the provisions for service contained in § 13-63b upon the owner, operator or occupant of any adjoining premises affected by the application.
[1980 Code § 121-102]
On the day fixed for hearing, the Division Manager shall provide opportunity for the owner, operator or occupant of the adjoining property or properties to state why access should not be granted across the adjoining properties.
[1980 Code § 121-103]
If the Division Manager determines that access is necessary to accomplish or complete repairs or improvements necessary for compliance with this Code, then the Division Manager shall issue a certificate of necessity setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect the adjoining properties, reasonable time limits during which such certificate shall operate, precautions to be taken to avoid damage.
[1980 Code § 121-104]
Any refusal to comply with this article or any interference with access to premises pursuant to a certificate issued hereunder shall be a violation of this Code, and, in addition to penalties provided hereunder, the Division Manager may, upon affidavit, apply to the Judge of the Municipal Court for a warrant under the procedure set forth in § 13-63b authorizing access to the premises under appropriate conditions and circumstances as provided under § 13-77.
[1980 Code § 121-106; Ord. No. O-2-08; Ord. No. O-37-05 § I; Ord. No. O-20-06]
a. 
When required. It shall henceforth be unlawful for any property owner, landlord or tenant to rent, lease or in any way deliver up for occupancy any building, premises, apartment or other dwelling unit until a Certificate of Habitability has been issued by the Division Manager or his designee, which states, in effect, that the building, premises, apartment or other dwelling unit conforms to the provisions of the Property Maintenance Code of the Town of Morristown, New Jersey. If the premises for which a Certificate of Habitability has been issued is not occupied within 60 days of the issuance of said Certificate of Habitability, then the premises must be reinspected and a new Certificate of Habitability issued prior to occupancy.
b. 
Certification by purchaser of lessee. As part of the application for, and a condition to the issuance of, a Certificate of Habitability, a purchaser or lessee shall certify that he or she has been informed of the maximum number of persons permitted to occupy the premises, has reviewed the Property Maintenance Code, and does not intend to sue or occupy the premises in violation of the provisions of the Property Maintenance Code or any other provisions of the Code of the Town of Morristown.
c. 
Certification by real estate licensee. As part of the application for, and a condition to the issuance of, a Certificate of Habitability, a real estate licensee, if any, representing the purchaser or lessee shall certify that he or she has no knowledge of any intention or plan by the purchaser or lessee to use or occupy the premises in violation of the provisions of the Property Maintenance Code or any other provisions of the Code of the Town of Morristown.
d. 
Violations. It shall be unlawful for any purchaser, lessee, or real estate licensee to knowingly execute a false certification pursuant to Paragraph b or c. In addition to the applicable penalties under this Code, the Town may, in its discretion, report any real estate licensee found to have violated the requirements of this section to the New Jersey Real Estate Commission.
[1980 Code § 121-107; 98-12; Ord. No. O-9-94; Ord. No. O-15-03; Ord. No. O-2-07; Ord. No. O-4-08; Ord. No. O-25-10]
The fee for the issuance of a certificate of habitability shall be as provided below and shall be payable to the Town of Morristown.
One- and two-family house (consistent with R-1) (each)
$160
Reinspection Fee
$80
Multiple apartment dwelling units (each) (3 or more)
$120
Reinspection fee
$80
All smoke detector and carbon monoxide fees are included in the inspection fees as per amendment to Ordinance No. O-4-08 adopted on March 11, 2008. (See Subsection 12-1.3a4)
Upon inspection of any building, premises, apartment or any other dwelling unit, the Division Manager, in his discretion, may cause to be issued a temporary certificate of habitability conditioned upon the property owner's, landlord's or tenant's complying with the provisions of this Code within a reasonable period of time, not to exceed 30 days from the issuance of said certificate.
[1980 Code §§ 121-109, 98-121]
The fee for a temporary certificate of habitability shall be as provided below, and shall be payable to the Town of Morristown. Upon compliance with the provisions of this Code by the property owner, landlord or tenant, the Division Manager shall issue a permanent Certificate of Habitability at no additional fee and said permanent Certificate of Habitability shall be effective for the period of time that premises again become occupied and for as long as occupancy remains unchanged.
a. 
Temporary certificate of occupancy: $20.