[HISTORY: Adopted by the Mayor and Council of the Borough
of Essex Fells 11-3-2020 by Ord. No. 2020-1040. Amendments noted
where applicable.]
No person shall occupy or use any portion of a commercial, industrial
or residential building after such building or portion thereof has
been sold, or which there has been a change in use or change in occupancy,
until the owner or any person occupying the building shall have applied
for and secured a certificate of continuing occupancy. No person shall
convey title to any building unless prior to the conveyance the owner
shall have obtained a continued certificate of occupancy.
The Borough Administrator shall assign the Zoning Officer or
any other person or persons they deem appropriate to act as "enforcement
officer" for purposes of this chapter.
A.
Upon receipt by the enforcement officer of an application for a certificate
of continuing occupancy and payment of the requisite fee, the enforcement
officer shall conduct an inspection of the premises.
B.
The enforcement officer shall issue a certificate of continuing occupancy
upon his or her inspection and satisfaction that no violations of
the Borough of Essex Fells Property Maintenance Code, Land Use Ordinance,
State of New Jersey Smoke Detector regulations, or other Ordinances
of the Borough of Essex Fells, the State of New Jersey, or New Jersey
Residential Code.
C.
If violations are found to exist, there shall be no new occupancy
or use of the premises until compliance with this section has been
obtained. If compliance is not obtained within 30 days after inspection
and notice, the enforcement officer is authorized to take appropriate
legal action.
D.
The enforcement officer shall provide a form to be completed by each
applicant seeking a certificate of continued occupancy. The enforcement
officer may waive the inspection and fee if any inspection of the
same premises has been made within 60 days.
There is hereby established a fee for continued certificate
of occupancy inspections which shall be $125 per inspection.
