[HISTORY: Adopted by the Mayor and Council
of the Borough of Closter 8-22-2001 by Ord. No. 2001:849.[1] Amendments noted where applicable.]
[1]
Editor's Note: Ordinance No. 2003:898, adopted 5-28-2003,
provided that former Chapter title "Business Certificates of Occupancy"
be amended to "Business and Residential Certificates of Occupancy."
[Amended 5-28-2003 by Ord. No. 2003:898]
There is a need to have an inspection requirement
of all business upon sale, transfer or change of ownership, vacancy
and reoccupancy regardless if the business remains the same use to
ensure that all of the Borough of Closter's municipal ordinances are
being complied with and no change of use has occurred. If a change
in use has occurred, a business certificate of continued occupancy
can not be issued. Instead, the requirements of all Closter Zoning
Codes and the New Jersey Uniform Construction Code certificate of
occupancy shall be met. There is also a need to have an inspection
requirement of all residences upon sale, transfer or change of ownership
or vacancy and reoccupancy.
As used in this chapter, the following terms
shall have the meanings indicated:
Any corporation, partnership, firm, enterprise, franchise,
sole proprietorship or any legal entity conducting any activity or
use occupying or intended occupancy of any space other than a strictly
residential use.
A certificate issued by the Construction Code Official to
indicate a continued use that would require no additional review,
approval or code requirements of zoning or the Uniform Construction
Code to operate or occupy the space.
Any change in use defined by Closter Zoning Code or New Jersey
Uniform Construction Code.
A person who has to be appointed by the Mayor and Council
to enforce the municipal ordinances of Closter.
A certificate issued by the Construction Code Official to
indicate that all the conditions outlined herein for continued residential
use or occupancy have been met.
[Added 5-28-2003 by Ord. No. 2003:898]
As defined by the Closter Zoning Code and the New Jersey
Uniform Construction Code.
[Amended 5-28-2003 by Ord. No. 2003:898]
From the effective date of this chapter, a business
shall, prior to sale, transfer or change of ownership or reoccupancy,
apply and be issued from the Closter Construction Office, a business
certificate of continued occupancy.
[Added 5-28-2003 by Ord. No. 2003:898]
No person shall occupy, rent, lease, transfer
title, or inhabit as a tenant or tenants or occupy as a new owner
of any residential use unless and until the current owner or representative
of such owner has applied for and secured a certificate of continued
occupancy from the Building Department of the Borough of Closter.
[Added 5-28-2003 by Ord. No. 2003:898; amended 9-25-2013 by Ord. No. 2013:1150]
A certificate of smoke detector installation
shall be issued by the Closter Fire Prevention Bureau before a certificate
of continued occupancy may be issued. Proper and legal installation
of carbon monoxide detectors is required before a certificate of continued
occupancy shall be issued. An inspection shall be conducted by the
Construction Code Official or his designee to ensure that there are
no violations of law or orders of the Construction Official pending
and it is established after inspection and investigation of available
municipal records that the alleged use of the building and structure
has lawfully existed. The inspection shall also ensure that the sump
pump, if any, is redirected out of sanitary sources. Any construction
work for which a Uniform Construction Code permit was issued shall
be inspected and closed.[1]
[1]
Editor's Note: See Ch. 89, Construction Codes, Uniform. Former § 87-5.1, Special conditions applicable to certain two-family residences, added 10-13-2004 by Ord. No. 2004:926 and which immediately followed this section, was removed 9-13-2006 by Ord. No. 2006:974 after Ord. No. 2004:926 was invalidated by order of the the Supreme Court filed 6-23-2006, Docket No. BER-L-7852.05.
[Added 5-28-2003 by Ord. No. 2003:898]
The current owner, landlord or agent of any
residential premises, about to be sold or newly occupied, as indicated,
shall apply on forms provided by the Closter Building Department for
a certificate of continued occupancy. All information requested shall
be provided to be a complete application. Upon receipt and review
of said complete application by the Code Enforcement Official or his/her
designee, shall, within 21 days, either issue a certificate of continued
occupancy or a written report of the reason for denial.
[Added 5-28-2003 by Ord. No. 2003:898]
A temporary certificate of continued occupancy
may be issued at the request of the current owner with money held
in escrow as established to cover any and all requested conditions
for a permanent certificate of continued occupancy. Escrow monies
will be held in accounts of attorneys of record, as agreed. The term
of temporary certificate will not exceed 90 days unless extenuating
circumstances can be shown.
[Added 5-28-2003 by Ord. No. 2003:898]
The owner, landlord or agent of all residential
premises shall be responsible for notification to the Closter Building
Department of pendency of any new tenancy or ownership and for obtaining
the required certificate of continued occupancy.
[Added 5-28-2003 by Ord. No. 2003:898]
The Code Enforcement Official or his/her designee
shall enforce the provisions of this chapter.
[Added 5-28-2003 by Ord. No. 2003:898]
A nonrefundable fee is required at time of application for inspection to be scheduled and a certificate to be issued as specified in Chapter A301, Fees and Deposits.
