[Ord. No. 06-96 § 1]
The Mayor and Council find that periodic inspections of buildings
and portions thereof used for residential, commercial, industrial
or any other purposes are necessary to protect the public health,
safety and welfare. The Mayor and Council also find that such periodic
inspections and the requirement of a Certificate of Continued Occupancy
prior to change in ownership, use or occupancy will assist in the
enforcement of and the insuring of compliance with various ordinances
of the Borough, the Uniform Construction Code, the Fire Safety Act
and other laws relating to the use, maintenance and repair of buildings.
The Mayor and Council also find that there exists a need to maintain
a master list of all residential occupants and their birth dates in
order to adequately protect the public health, safety and interest
as it relates to the maintaining and anticipating municipal services,
including, but not limited to, refuse collection, land use, recreation,
library, parking and public education.
[Ord. No. 06-96 § 2]
As used in this chapter:
Shall mean and include individual (whether or not over 18
years of age), a partnership, a corporation or an association.
Shall mean that part of a building which is occupied by a
different occupant than the occupant(s) occupying other parts of the
building.
[Ord. No. 06-96 § 3]
No person shall occupy or use, or permit to be occupied or used,
any building or portion thereof for residential, commercial, industrial
or any other purpose after such building or portion thereof has been
vacated or sold, or for which there has been a change in use or a
change in occupancy, including, but not limited to, an addition or
deletion of a residential occupant until the Construction Official
of the Borough of East Newark shall have issued a Certificate of Continued
Occupancy thereto.
[Ord. No. 06-96 § 4]
a.
Every application for a Certificate of Continued Occupancy shall
be made in writing and be signed by the owner or the owner's
authorized agent and shall state the use or intended use of the building,
or portion thereof, for which the Certificate of Continued Occupancy
is applied for;
b.
If the application relates to a portion of a building then such a
portion shall be, to the satisfaction of the Construction Official,
precisely specified in the application, which shall include an approximate
drawing depicting the floor space of the portion in its relation to
the building in its entirety;
c.
If the building is a multiple family dwelling for which applicable
law (i.e. N.J.S. 46:8-28) requires the filing of a Certificate of
Registration, then a true and legible copy of the filed and validated
Certificate of Registration shall be annexed to the application for
a Certificate of Continued Occupancy;
d.
The application shall also state the full and exact name of the person
who will be the occupant after the issuance of the applied for Certificate
of Continued Occupancy. In the case of residential occupancy, the
application shall also name each and every person occupying the unit,
with birth dates. In the event the identity of such occupant(s) is
not known at the time of the application, such name(s) shall be subsequently
supplied to the Construction Official, in writing and signed by the
owner or the owner's authorized agent, when such name(s) becomes
known, but not later than the commencement of the occupancy by any
person.
[Ord. No. 06-96 § 5;
New]
The application fee shall be:
a.
$85 per residential dwelling unit or portion thereof, except there
shall be no fee when solely reporting an addition or deletion of a
residential occupant;
b.
$135 per commercial unit or portion thereof;
c.
$135 per industrial unit or portion thereof;
d.
$135 per other purpose unit or portion thereof.
[Ord. No. 06-96 § 6]
Upon receipt of the application, with annexed copy of the Certificate
of Registration (if applicable) and the application fee, the following
procedure shall apply:
a.
When solely reporting an addition or deletion of a residential occupant,
the requirements of sub-paragraphs b through i shall be waived.
b.
The Construction Official shall inspect the building or applicable
portion thereof and, if residential, the Construction Official shall
issue written notice of discovered violations of the various safety
codes and ordinances.
c.
The inspection may include any common areas or common equipment serving
the building or portion thereof.
d.
The Construction Official shall also determine if the intended use
of the building or applicable portion thereof is permitted by the
Zoning Ordinance of the Borough of East Newark.
e.
If the inspection discloses no violations and the intended use is
permitted by the Zoning Ordinance, the Construction Official shall
issue a Certificate of Continued Occupancy specifying the building
or portion thereof for which the Certificate is issued, the intended
use for which it is permitted, the name of the owner of the building
or the portion thereof and the date of the issuance.
f.
If the identity of the occupant(s) is not disclosed in the application,
then the Certificate shall be issued but not be delivered to the owner
until such name(s) is supplied and included on the Certificate.
g.
If the Construction Official determines that the intended use is
not permitted by the Zoning Ordinance, the Construction Official shall
deny the application by notifying the applicant in writing specifying
the reason(s), which denial may be appealed by the application to
the Board of Adjustment of the Borough of East Newark, within 20 days
of receipt of the notice of denial, by filing with the Board a written
Notice of Appeal specifying the basis of the appeal, a copy of which
the applicant shall serve on the Construction Official, and by payment
to the Board of a filing fee of $50. Upon receipt of such Notice of
Appeal, the Board shall promptly schedule the matter for a hearing.
h.
If the inspection reveals violation of safety codes and ordinances,
then the Construction Official shall allow the applicant a reasonable
amount of time to correct these violations before issuing the Certificate
of Continued Occupancy. If the Construction Official determines, however,
that the violations are minor in that they would not unduly jeopardize
the health or safety of an occupant, then the Construction Official
may issue a Temporary Certificate of Continued Occupancy for such
a period of time that the Construction Official determines is appropriate,
but for no longer than six months.
i.
If occupancy does not occur consistent with the issued Certificate
of Continued Occupancy within six months following the date of its
issuance, then such Certificate shall be null and void and the owner
shall be required to file a new application for which a new inspection
shall be made. Any other occupancy inconsistent with the issued Certificate
of Continued Occupancy shall immediately render such Certificate null
and void regardless of whether it is within compliance at the time
the inconsistent occupancy is discovered and the owner shall be required
to file a new application for which a new inspection shall be made.
[Ord. No. 06-96 § 7]
An applicant shall provide the Construction Official, his agents
and inspectors with access to the building or portion thereof; for
purposes of compliance with this chapter.
[Ord. No. 06-96 § 8]
[Ord. No. 06-96 § 9]
To assist in the enforcement of this chapter, a notice shall
be included on all tax search and added assessment searches prepared
by the Tax Collector of the Borough of East Newark stating that a
Certificate of Continued Occupancy is required for a change in use,
occupancy or sale of any building or portion thereof used for residential,
commercial, industrial or any of these purposes within the Borough
of East Newark; provided, however, that failure to affix such notice
shall not constitute a defense for a failure to obtain a Certificate
of Continued Occupancy in violation of this chapter.
[Ord. No. 06-96 § 10]
The requirement of a Certificate of Continued Occupancy shall
not apply to conveyances made pursuant to the Order of any Court of
competent jurisdiction and between spouses or parents and children.
