[Adopted 9-11-2019 by Ord. No. 2019-221; amended in its entirety 8-12-2020 by Ord. No. 2020-13]
A.
No person shall occupy as owner/occupant or rent to another for occupancy, any dwelling or dwelling unit, for the purpose of living therein, which does not conform to the provisions of the Property Maintenance Code, referred to in Chapter 240, established hereby as the standard to be used in determining whether a dwelling is safe, sanitary, and fit for human habitation.
B.
No person shall convey title to any residential property in the Borough of Lindenwold, consisting of 15 dwelling units or less without first obtaining a continued certification of occupancy for each unit in the manner herein provided, certifying that said premises conforms to the provisions of this chapter; § 240-17, Compliance with fire code; Chapter 190, Borough of Lindenwold Land Use; Chapter 250, Rental Property. This section shall not apply to a transfer of a legal interest in the property to an existing owner of record or a transfer of a legal interest in the property to an immediate family member of the grantor or to a trust wherein the beneficiaries are immediate family members. For purposes of this subsection, immediate family members are grandparents, spouses, children and/or grandchildren.
(1)
Issuance of certificates.
(a)
Continued certification of occupancy (CCO). Prior to conveying
title to any premises described in the preceding subsection, an owner
or the legal representative of the owner, shall apply to the Construction
Department Housing Clerk or designee for a continued certification
of occupancy. Said application shall be on a form approved by the
Construction Official or designee, and shall be submitted not less
than 10 business days before scheduled closing, without incurring
additional costs as specified herein. The Construction Official and/or
designee shall inspect the premises within five days of said application
and, upon determining that all provisions of the Code of the Borough
of Lindenwold have been complied with, shall issue a continued certification
of occupancy permitting occupancy of said premises. Such continued
certification of occupancy shall indicate that compliance has been
met. If, upon inspection, the dwelling unit is not found to be in
compliance, the Construction Official and/or designee shall notify
the owner in writing of such noncompliance, specifically setting forth
those violations requiring correction. Upon correction of the violation(s),
the owner shall notify the Construction Official and/or designee who
shall, within five days, reinspect the required correction(s). This
procedure shall be followed until all violations have been corrected,
at which time a continued certification of occupancy shall issue as
above provided. Such continued certification of occupancy shall be
valid for a period of 90 days from the date of its issuance, after
which ninety-day period it shall expire. Such expiration date shall
be stated on the certificate. The ninety-day period may be extended
for up to an additional period of 90 days provided the owner certifies
in writing on forms provided by the Construction Department that no
change in the condition of the unit(s) has occurred from the time
of the prior inspection.
(b)
Issuance of certificate of transfer of title (CTT). Notwithstanding the provisions of Subsection B(1)(a) of this section, a contract purchaser of a residential unit(s) who, upon acquisition of the premises, intends and does utilize the premises for a residential use, may make application for a certificate known as a certificate of transfer of title, where renovations to the residential premises are required to be made so as to meet the standards for the issuance of a certificate of continued occupancy. The application shall be signed by the contract purchaser. The application for the issuance of a certificate of transfer of title shall be made not less than 10 days prior to the intended settlement date, as set forth in the contract of sale. The contract purchaser shall certify in writing on forms provided by the Construction Department that they acknowledge the residential unit(s) are not habitable and further that they will perform all necessary repairs/remediations to meet the requirements set forth herein for the issuance of a continued certificate of occupancy. Such certificate of transfer of title shall be valid for a period of 120 days from the date of settlement on the property between owner and contract purchaser. The purchaser/owner of the premises may apply to extend the 120-day period to complete the renovations, but such application shall be filed prior to the expiration of the initial 120-day period. The Construction Official may grant the extension; in his/her sole discretion, for a period not to exceed 120 days, provided the purchaser/owner has commenced and is actively renovating the premises. Prior to the expiration of the 120-day extension period, should the repairs/remediation be substantially completed and upon submitting proof necessary to the Construction Official that unexpected/extraordinary circumstances occurred during the renovations/remediation which prohibited the completion of the same within the 120-day extension period, the Construction Official may grant an additional thirty-day extension in his/her sole discretion.
[1]
Upon notification to the Construction Official and/or designee that renovations have been completed, the Construction Official and/or designee, shall inspect the premises within 10 days of said notice. Upon finding that all renovations have been completed and compliance with this section has occurred, the Construction Official shall then take appropriate action for the issuance of a continued certification of occupancy in accordance with Subsection B(1)(a) of this section. Provided no further inspection is required and a continued certificate of occupancy is issued, the fee for an inspection shall be charged in accordance with Chapter 150 of the fee schedule.
(d)
The owner or contract purchaser of any property subject to the
term hereof which is serviced by a private potable water well shall
submit to the Construction Official or designee copies of the well
test results required by N.J.S.A. 58:12A-26 prior to closing of title.
C.
The owner making application for a continued certification of occupancy shall be charged a fee as set forth in Chapter 150 of the Code of the Borough of Lindenwold per unit and an owner making application for a certificate of transfer of title shall be charged a fee as set forth. A fee for all reinspections by the Construction Official shall also be set forth. The fee charged in accordance with this subsection for a continued certification of occupancy shall include the fee set forth in Chapter 150 for the certificate of smoke detector inspection by the designated official. Should an application be made for the issuance of a continued certification of occupancy or certificate of transfer of title less than 10 days before closing, the fee for the continued certification of occupancy shall apply.
D.
Failure to comply with any portion hereof shall be punishable in accordance with Chapter 1, Article I of the Code of the Borough of Lindenwold. Further, each day in which a violation hereof is determined to exist shall be considered a separate and subsequent offence punishable in accordance with said article of the Code of the Borough of Lindenwold.
