[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:
PERSON
Shall mean and include individual (whether or not over 18 years of age), a partnership, a corporation or an association.
PORTION
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]
Any person who violates any provision of this chapter shall, for each and every violation, be liable for, upon conviction, the penalty stated in Chapter 1, Section 1-5. Each day that a violation continues shall be considered a separate and specific violation of this chapter.
[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.