[HISTORY: Adopted by the Borough Council of the Borough of Bay Head 5-6-2019 by Ord. No. 2019-05. Amendments noted where applicable.]
No land shall be occupied or used and no building erected shall be occupied or used until a certificate of occupancy is issued. Certificates of occupancy shall be issued by the Construction Official in the manner prescribed in the Uniform Construction Code and signed by the Construction Code Official and the Zoning Officer. Such signatures shall certify that all applicable provisions of the New Jersey Uniform Construction Code and all requirements of Borough ordinances have been complied with in respect to the property or structure in question.
Editor's Note: See N.J.A.C. 5:23-1 et seq.
Upon serving of notice by the Construction Code Official or Zoning Officer to the owner of any violation of any of the provisions or requirements with respect to any building or use thereof or of land, as specified in this chapter, a new certificate of occupancy shall be required for any further use of such building or land.
No changes or extension of use shall be made of a nonconforming use or premises without a certificate of occupancy. Such certificates shall be applied for at the same time that the building permit is applied for and shall be issued or denied within 10 days after the erection or alteration of the building is completed.
Any and all violations of the New Jersey Uniform Construction Code and or Borough Code must be abated before a certificate of occupancy is issued. No building or structure may be occupied or used until a certificate of occupancy is obtained.
No property shall be sold and title transferred until the owner of the property to be sold obtains a transfer certificate of occupancy, issued by the Code Enforcement Officer of the Borough of Bay Head, certifying that the property to be sold complies with the current smoke and carbon monoxide detector requirements and all applicable zoning and property maintenance regulations in the Borough, and in accordance with all development approvals for the property.
For the purposes of this chapter, a "rental residential structure or unit" shall be defined as any dwelling, dwelling unit, rooming unit, building or structure which the legal owner permits to be possessed or occupied by another person or party pursuant to a written or unwritten lease, agreement or license or pursuant to a recorded or unrecorded agreement of contract for sale of the land for all or part of any given year.
The owner or owners of a rental residential structure or unit who intends to rent or lease all of any part thereof of the structure or unit shall make application to the Code Enforcement Officer for the issuance of a rental certificate of occupancy on such form and provide such information as may be required by the Code Enforcement Officer. The application shall be filed with the Code Enforcement Officer no less than 10 days prior to the intended rental occupancy of the unit or structure. The application shall have attached to it either of the following;
A true copy of the lease agreement setting forth the name, permanent address and telephone number of each tenant.
An abstract of the lease agreement, setting forth the name, permanent address and telephone number of each tenant and the period for which the unit is being leased to such tenant. The abstract of the lease shall be verified by an affidavit signed by the landlord or an authorized agent thereof.
In the event that the rental certificate of occupancy is applied for prior to the execution or preparation of a lease agreement, the landlord shall file either of the above documents within 10 days of the execution of the agreement.
In the case of summer seasonal occupancy or occupancies, the rental certificate of occupancy will be in force for the period between May 1 and September 30 following the date of issuance. If such unit is leased between October 1 and May 1 of the following year, the owner(s) of such residential unit will be required to obtain a second rental certificate of occupancy to cover the aforesaid period. In all other cases, the certificate of occupancy will be in force until a change in tenant occupancy occurs or for a term of three years, whichever is sooner.
The owner or owners of any residential rental structure or unit shall be obligated to make the residential rental unit available for inspection by the Code Enforcement Officer immediately subsequent to the filing of an application for the issuance or reissuance of a rental certificate of occupancy or any reinspection required in connection with such application.
Upon filing of an application with the Code Enforcement Officer for a rental certificate of occupancy, the Code Enforcement Officer and/or his duly authorized agents shall conduct an inspection of the rental residential unit. A reinspection as provided herein shall be made after the Code Enforcement Officer is notified, in writing, by the applicant that violations cited have been abated.
Notice of any violation as a result of an inspection shall be provided in accordance with the Property Maintenance Code of the Borough of Bay Head. Upon correction of the violations, the applicant shall notify the Code Enforcement Official, in writing, of said fact, and reinspection shall be made upon payment of the appropriate fee.
If, subsequent to the issuance of a rental certificate of occupancy, the Construction Code Official or his duly authorized agents have cause to believe a violation of this Code exists, an inspection shall be made of the subject premises. If violations are found to exist, the provisions of the Property Maintenance Code shall apply. In addition thereto, if cited violations are not abated within 10 days from the service of notice, the rental certificate of occupancy shall be revoked by the Code Enforcement Officer by mailing a notice of revocations, by certified mail, to the owner or owner(s) and to the tenants of the premises. Thereafter, the premises shall be immediately vacated; provided, however, that the Code Enforcement Officer shall have the discretion to allow a longer period of time for the correction of violations, if warranted and reasonable under the circumstances.
For a violation of any provision of this article, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,000 or imprisonment for up to 90 days or a period of community service not exceeding 90 days, or any combination thereof. Except as otherwise provided, each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.