[Adopted 2-27-2001 by Ord. No. 01-14]
[Amended 9-12-2023 by Ord. No. 23-19]
A. 
Residential (single family). Prior to any sale, rental or other transfer of any single-family residential real estate or part thereof to another, the owner shall apply for and obtain a property transfer certificate, as provided for herein, issued by the Construction Official or his or her designee. Should the owner fail to obtain a property transfer certificate prior to any sale, rental or other transfer of any single-family residential real estate or part thereof to another, the buyer/new owner shall apply for and obtain a property transfer certificate, as provided for herein, issued by the Construction Official or his or her designee.
B. 
Residential (rental). Prior to any sale, rental or other transfer of any rented single-family residential real estate or part thereof to another, the owner shall apply for and obtain a property transfer certificate, as provided for herein, issued by the Construction Official or his or her designee. Should the owner fail to obtain a property transfer certificate prior to any sale, rental or other transfer of any rented single-family residential real estate or part thereof to another, the buyer/new owner shall apply for and obtain a property transfer certificate, as provided for herein, issued by the Construction Official or his or her designee.
C. 
Residential (less than three units). Prior to any sale, rental or other transfer of any residential real estate containing less than three units or part thereof to another, the owner shall apply for and obtain a property transfer certificate, as provided for herein, issued by the Construction Official or his or her designee. Should the owner fail to obtain a property transfer certificate prior to any sale, rental or other transfer of any residential real estate containing less than three units or part thereof to another, the buyer/new owner shall apply for and obtain a property transfer certificate, as provided for herein, issued by the Construction Official or his or her designee.
D. 
Nonresidential. Prior to any sale, rental or other transfer of any nonresidential real estate or part thereof to another, the owner shall apply for and obtain a property transfer certificate, as provided for herein, issued by the Construction Official or his or her designee. Should the owner fail to obtain a property transfer certificate prior to any sale, rental or other transfer of any nonresidential real estate or part thereof to another, the buyer/new owner shall apply for and obtain a property transfer certificate, as provided for herein, issued by the Construction Official or his or her designee.
E. 
Penalties: Should an owner or a buyer/new owner fail to comply with this section, either party may be issued a violation as provided for under New Jersey and in this Code, including but not limited to Chapter 1, Article III, General Penalty.
[Amended 5-8-2001 by Ord. No. 01-13; 7-24-2001 by Ord. No. 01-22; 3-14-2023 by Ord. No. 23-05; 5-27-2025 by Ord. No. 25-15; 2-10-2026 by Ord. No. 26-07]
A. 
The owner of real estate, set forth above, shall apply for the issuance of a property transfer certificate on forms to be provided by the Construction Official. The application shall at least contain the name of the owner and the name of the person signing the notice and the relationship to the owner; shall describe the property or portion thereof to be transferred by street address or in such other manner as may reasonably be required by the Construction Official; and shall be accompanied by the fee set forth in Chapter 172 of this Code.
B. 
Conduct of inspection.
(1) 
Within 15 working days of receipt of the application and fee, the Construction Official, accompanied by the Municipal Tax Assessor as detailed in Subsection B(6) below, shall make an inspection and issue a written property transfer inspection certificate, in duplicate, stating:
(a) 
That an inspection of the premises has been made, specifying any violations of any applicable ordinance, statute or code relating to the premises, including the most current edition of the International Property Maintenance Code as adopted by the Township of Ewing;
(b) 
If there are no such violations, stating that there are none; or
(c) 
That an inspection is not required because of the provisions below.
(2) 
Each certificate shall be dated, and the Construction Official shall retain a duplicate copy.
(3) 
If the inspection is not conducted within the time specified above, the owner shall be under no further obligation.
(4) 
By such inspection, the Township of Ewing, its agents, servants, employees or officers do not guarantee quality or soundness of any property or structure, and it is not and will not be liable for any act or omission in connection with an inspection or failure to inspect, nor is the Township, its agents, servants, employees or officers, in any way involved in any contractual relationship between owners, tenants and/or purchasers. Such inspections are conducted only to determine compliance with established codes as may be ascertained by reasonable observation.
(5) 
This article shall not be construed to prohibit a transfer of property but shall be construed to prohibit occupancy without the issuance of a property transfer certificate, or which is otherwise exempt as provided in this article.
(6) 
Unless expressly prohibited by the owner(s), the Municipal Tax Assessor may accompany a Construction Official during property transfer inspections for a change in ownership or occupancy of a residential home.
C. 
If an inspection has been made and a property transfer certificate issued within one year prior to the date of receipt of the completed application, or if a property transfer certificate has been issued for the premises within one year prior to the date of receipt of such completed application, the Construction Official may, but is not required to, make an inspection.
D. 
Prior to completing the sale, rental or other transfer, the owner shall inform any transferee(s) of any violations reported by the Construction Official and shall give the transferee(s) a copy of the certificate of inspection.
(1) 
All violations shall be corrected prior to completing the sale, rental or other transfer, except as otherwise provided for in this article.
(2) 
Failure of the owner to comply with this provision does not relieve the transferee(s) from the obligations imposed by this article or any of the relevant statutes, ordinances or codes.
E. 
Any owner who violates this article by failing to apply for a property transfer certificate under this article or by failing to inform the transferee(s) of violations shall be liable, upon conviction of such violation, to forfeit and pay a penalty not to exceed $500 or 90 days' imprisonment or both, in the discretion of the court, for every such violation.
F. 
Upon correction of all violations noted in the inspection certificate, the Construction Official shall issue a property transfer certificate. In the case of a sale or other transfer of title to residential property or the sale, rental or other transfer of nonresidential property or a part thereof, a temporary property transfer certificate may be issued, in the discretion of the Construction Official, when the inspection reveals a departure from the most current edition of the International Property Maintenance Code but such departure leaves the housing space in substantial compliance with such code; that is, where there is no serious or immediate threat to health, safety or welfare and when the prospective transferee of title or of nonresidential property or a part thereof agrees to assume the violations. Such assumption shall be in writing, signed by the owner and the transferee.
G. 
Exceptions:
(1) 
No inspection under this article shall be required in the case of the sale, rental or other transfer of unimproved real estate.
(2) 
Where no immediate occupancy is contemplated in a residential property transfer, an inspection under this article shall not be required; however, prior to residential occupancy, an inspection under this article or as required by the New Jersey Uniform Construction Code shall be conducted.
(3) 
Any nonresidential property for which a certificate of occupancy is required under the New Jersey Uniform Construction Code prior to occupancy shall be exempt from this section.
(4) 
The provisions of this article shall not apply to hotels and multiple dwelling units governed by the New Jersey Hotel and Multiple Dwelling Law or those residential multifamily dwelling units governed by Chapter 230, Article II, of the Code of the Township of Ewing.
H. 
Any owner who desires to appeal from a property transfer certificate may file an appeal pursuant to the most current edition of the International Property Maintenance Code.
(1) 
Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this code or of any rule or regulation adopted pursuant thereto shall have the right to request and shall be granted a hearing on the matter before the Board, provided that such person shall file, in the office of the Board, a written petition requesting such hearing and containing a statement of the grounds therefor within 20 days after the day the notice was served. The Board shall meet within 21 days of the day the request for a hearing has been filed in the office of the Board. The aggrieved party shall appear and present evidence to the Board regarding the notice which was issued in connection with the enforcement of any provision of this code or of any rule or regulation adopted pursuant thereto. The Construction Official or his designee shall also appear and present evidence regarding said notice.
(2) 
In order to protect existing structures in the Township by vigorous enforcement of the provisions of this code, there shall be and is hereby created a Code Appeals Board, hereafter referred to as the Board, consisting of five members who shall be appointed by the Mayor with the advice and consent of Council.
(3) 
The Board shall consist of one elected official of the Township; one volunteer fireman; one real estate agent; two citizens, one of whom shall be the following: a licensed professional engineer, an architect, a builder or a superintendent of building construction. No more than one member of the Board shall be of the specified professions. The Mayor shall appoint an alternate member of such Board in addition to the five members above provided for, who shall act with full power only when a member of the Board refuses to vote because of a conflict of interest or when a member is absent. The Mayor shall designate one member of the Board to act as Secretary to the Board.
(4) 
The Board shall hear all appeals relative to the enforcement of this code and, by a concurring vote of the majority of its members, shall reverse or affirm, wholly or partly, or modify the decision appealed from and shall make such order or determination as in its opinion ought to be made. Failure to secure such concurring votes shall be deemed a confirmation of the decision of the Construction Official.
(5) 
A member of the Board shall not participate in any hearings or vote on any appeal in which that member has a direct or indirect financial interest or is engaged as a contractor or is engaged in the preparation of plans and specifications or in which that member has any personal interest.
(6) 
The Secretary of the Board shall keep a record of each meeting so that the record shows clearly the basis for each decision made by the Board. An aggrieved party may provide for transcription of the proceedings at his/her own cost and shall provide a copy of said transcript to the Board, at no cost to the Board.
(7) 
An appeal from the Board shall be to the Ewing Township Council within 20 days of the decision from the Board. The Ewing Township Council shall schedule the appeal to be heard at the next regularly scheduled meeting of the Council.
[Added 5-8-2001 by Ord. No. 01-11]
All buyers and sellers of residential and nonresidential property who have entered into a valid and enforceable real estate sales contract prior to the effective date of this article shall be exempt from the requirement of obtaining an inspection and a certificate of occupancy prior to a change in occupancy, as set forth in this article. Such exemption shall apply regardless of when the actual change in occupancy occurs, so long as a valid and enforceable contract is entered into before July 1, 2001, and the closing on the property takes place before October 1, 2001. All inspection requirements currently in effect and superseded by the effective date of this article shall continue in full force and effect.
[Added 7-24-2001 by Ord. No. 01-22]
A certificate of occupancy shall be effective for a period of 120 days. One administrative extension of not more than 30 days may be granted by the Construction Official; however, in that instance a reinspection will be required during the thirty-day extension period, which inspection shall be at no cost to the owner.