[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex 3-9-2021 by Ord. No. 2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 158, Certificates, Resale/Leased, adopted 6-26-2018 by Ord. No. 1943, which ordinance amended in its entirety Ch. 158, Certificates, Resale, comprised of Art. I, Resale Certificates, adopted 3-14-1978 by Ord. No. 784; amended in its entirety 8-28-2012 by Ord. No. 1817; and Art. II, Resale Leased Certificates, adopted 4-25-1978 by Ord. No. 790, amended in its entirety 8-28-2012 by Ord. No. 1817.
A. 
Each time there is a sale of, or change of tenant in, any commercial, industrial, or business property, or unit therein, leased within the Borough of Middlesex, each property seller or new lessee of such property or unit must obtain from the Zoning and Construction Office of the Borough of Middlesex at least 10 days prior to but not more than 30 days prior to the change of ownership and/or occupancy a:
(1) 
Continued commercial occupancy certificate (hereinafter "CCOC");
(2) 
Tenancy review and zoning permit (hereinafter "tenancy review/zoning permit" or "permit") certifying that the intended use or continued use is a permitted use in the zone in which the property is located.
B. 
Additionally, each property seller or new lessee must submit:
(1) 
An affidavit stating that there have been no structural, electric, plumbing, or fire protection/prevention changes made that required UCC permitting, inspections, and approvals;
(2) 
An affidavit along with required documentation that the property is in compliance with Borough Chapter 224, Flood Damage Prevention.
Applications for a CCOC and tenancy review/zoning permit, and affidavits as detailed in § 158-1B(1) and (2), shall be submitted to the Zoning and Construction Office of the Borough of Middlesex. When the completed applications and affidavits have been received, reviewed, and once the required inspections are completed, the CCOC and tenancy review/zoning permit shall be issued or denied.
Before a CCOC shall be issued, the designated inspector(s) shall make an inspection of the premises to ensure the property is in compliance with all provisions of the Borough Code and no violations exist, including, but not limited to, property maintenance, within Chapter 317 as it presently exists; and the Uniform Construction Code and fire codes as they existed when the building was initially constructed. All violations cited must be abated prior to the issuance of a CCOC.
Applications for a tenancy review/zoning permit shall contain an affidavit from the applicant as to the intended use of the property or unit and a detailed description of the intended operation to be conducted thereon. Applications for a permit shall be submitted to the Zoning and Construction Office of the Borough of Middlesex, and, once the application has been deemed complete, it will be reviewed by the Zoning Official for compliance with the Borough of Middlesex's Code. The Zoning Official will either issue an approved zoning permit or a denial. Denials will indicate the reason for the denial and inform the applicant of their rights should the applicant desire to apply before the Borough Joint Land Use Board.
All applications for a tenancy review/zoning permit shall contain the name, address and phone number of the person to contact in case of an emergency and said person must be available and able to act in an emergency. A copy of this information shall be filed in the office of the Chief of Police of the Borough of Middlesex. The lessee shall be responsible for notifying the Chief of Police any time there is a change in any emergency information required by this article during the term of their tenancy.
A. 
The fees associated with a sale of, or change of tenant in any commercial, industrial or business property are as follows:
(1) 
For a CCOC: $300; and
(2) 
For a permit: $100.
B. 
The fee for a CCOC is waived for undeveloped properties.
No commercial, industrial, or business operation may operate or continue to operate unless all fees are paid, violations abated, and all applicable federal, state, and local permits, licenses, and inspections are completed and issued. In the event that a new lessee of any commercial, industrial, or business property in the Borough of Middlesex fails to obtain any of the required permits, licenses, or inspections, the lessee or property owner shall be subject to a fine of $500 per day and shall cease all business activities in the leased property until such time as the required certificates are obtained.
A. 
No single-family, two-family, or multifamily residence, dwelling unit, or apartment shall be sold rented or occupied unless and until the issuance of a:
(1) 
Sale/re-rent certificate;
(2) 
Smoke detector, carbon monoxide detector, and fire extinguisher compliance certificate (SDCMFE compliance certificate) in accordance with N.J.A.C. 5:70-2.3.
B. 
Additionally, each property seeking a sale/re-rent certificate for the purposes of a sale will be subject to a flood hazard review as detailed in Chapter 224, Flood Damage Prevention.
Applications for a sale/re-rent certificate and SDCMFE compliance certificate shall be submitted to the Zoning and Construction Office of the Borough of Middlesex, and, once the completed application has been received and the required review and inspections are completed, the sale/re-rent certificate and SDCMFE compliance certificate shall be issued or denied.
A. 
Each time there is a transfer of ownership or re-rent, re-lease, or change of occupancy of single-family, two-family or multifamily residences, dwelling units, or apartments within the Borough of Middlesex, the owner of such property must:
(1) 
Pass a pre-occupancy inspection to ensure the unit is in compliance with all provisions of the Borough Code, including, but not limited to, Chapter 317, Property Maintenance, as it presently exists, and the Uniform Construction Code and fire codes as they existed when the building was initially constructed.
(2) 
Pass a smoke detector, carbon monoxide detector, and fire extinguisher compliance inspection conducted by the Middlesex County Fire Marshal or his designee. The application form must be obtained from the Borough Zoning and Construction Office.
(3) 
Occupancy can only be permitted when:
(a) 
Sale/re-rent certificate is issued by the Middlesex Borough Zoning and Construction Office;
(b) 
An SDCMFE compliance certificate is issued by the Middlesex County Fire Marshal;
(c) 
All fees, fines, liens, and violations on the property have been satisfied.
(4) 
For the sale of single-family, two-family, or multifamily residences, compliance with Chapter 224, Flood Damage Prevention, of the Borough Code.
B. 
The fee for a sale/re-rent certificate shall be $125 per dwelling unit and includes re-rents, leases, and re-sales resulting in a change of occupancy. Fees are due prior to scheduling inspection. The fee to reschedule a no-show inspection shall be $75. In addition, there shall be an additional charge of $50 per each inspection of the premises made by the inspector after the initial inspection to ensure compliance.
C. 
The fee for the compliance certificate issued by the Middlesex County Fire Marshal is $50 and will be billed by and paid directly to the County Fire Marshal Office.
D. 
In the event the structure is deemed uninhabitable by the Department of Code Enforcement, the sale/re-sale certificate will be denied. The property owner/agent may then request a change of title certificate for an additional fee of $100. The owner/agent must:
(1) 
Submit a notarized hold harmless indemnification agreement to the Borough; and
(2) 
Pay all inspection fees.
E. 
When rehabilitation work is completed, the owner/agent will be required to have the structure and all dwelling units reinspected as detailed in § 158-10 herein.
A. 
Every building or structure constructed for single-family and two-family occupancy shall have installed therein and thereafter maintained an approved fire detection system. The detector shall be of the ionization or other approved type, sensitive to any of the products of combustion except that detectors sensitive to heat only are unacceptable. The detector shall be of the types operated by battery or electricity on a specific circuit. A minimum of one detector shall be required on each level and within 10 feet of any bedroom door. Alarm signaling devices shall be clearly audible in all bedrooms when all intervening doors are closed. For the purpose of installation and maintenance, only the applicable sections of National Fire Prevention Association (NFPA) No. 72, "Standard for the Installation, Maintenance, and Use of a House Fire Warning System," shall constitute accepted practices.
B. 
In the case of rental properties, the occupants of the dwelling units shall be responsible for replacing batteries in fire detection devices whenever new batteries are required.
C. 
Failure to install and/or maintain a fire detection system as mandated by this section will subject the offender to a fine not to exceed $500 per day per each location of violation.
A. 
In any case in which a change of occupancy of any dwelling unit in a building with fewer than three dwelling units is subject to a municipal ordinance requiring the issuance of a certificate of occupancy, certificate of inspection, or other documentary certification of compliance with laws and regulations relating to the safety, healthfulness, and upkeep of the premises, no such certificate shall be issued until the officer or agency responsible for its issuance has determined that the dwelling unit is equipped with one or more carbon monoxide sensor devices or that there is no potential carbon monoxide hazard in the dwelling unit. Any such determination shall be made in accordance with rules adopted by the Commissioner of the Department of Community Affairs.
B. 
In the case of an initial occupancy or a change of occupancy of any dwelling unit in a building with fewer than three dwelling units to which the provisions of Subsection A do not apply, no owner shall sell, lease, or otherwise permit occupancy for residential purposes of that dwelling unit without first obtaining from the relevant enforcing agency under the Uniform Fire Safety Act, P.L. 1983, c. 383 (N.J.S.A. 52:27D-192 et seq.), a certificate indicating that the dwelling unit is equipped with one or more carbon monoxide sensor devices or that there is no potential carbon monoxide hazard in the dwelling unit. Any such determination shall be made in accordance with rules adopted by the Commissioner of the Department of Community Affairs.
C. 
The local governing body having jurisdiction over the enforcing agency or, where the Division of Fire Safety is the enforcing agency, the Commissioner of the Department of Community Affairs, may establish a fee which covers the cost of inspection and the issuance of the certificate; however, if an inspection is being made and a certificate is being issued evidencing compliance with § 2 of P.L. 1991, c. 92 (N.J.S.A. 52:27D-198.2), the fee authorized therein shall cover the costs of complying with this subsection.
D. 
For purposes of this section:
(1) 
"Carbon monoxide sensor device" is defined as a carbon monoxide alarm or detector that bears the label of a nationally recognized testing laboratory and has been tested and listed as complying with the most recent Underwriters Laboratories Standard 2034 or its equivalent.
(2) 
"Dwelling unit" is defined as a structure, or a room or group of rooms within a structure, used or intended for use, in whole or in part, for residential purposes.
E. 
An owner who sells, leases, or otherwise permits occupancy of a dwelling unit without complying with the provisions of this section shall be subject to a fine of not more than $100, which may be collected and enforced by the local enforcing agency by summary proceedings pursuant to the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.; N.J.S.A. 52:27D-133.3).
All applications for a sale/re-rent certificate shall contain the name, address, and phone number of the person to contact in case of an emergency and said person must be available and able to act in an emergency. A copy of this information shall be filed in the office of the Chief of Police of the Borough of Middlesex. The new owner/lessee shall be responsible for notifying the Chief of Police any time there is a change in any emergency information required by this article during the term of his ownership or tenancy.
In the event that the current owner or purchaser of property in the Borough of Middlesex fails to obtain a sale/re-rent certificate and a SDCMFE compliance certificate, the current owner or purchaser shall be subject to a fine of $500 per day for each day that the violation continues.
Provisions of this chapter shall be enforced by the Borough Zoning Officer, Construction Official, Code Enforcement Officer, or their designee.