[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.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 89.
Zoning — See Ch. 200.
[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:
BUSINESS
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.
BUSINESS CERTIFICATE OF CONTINUED OCCUPANCY
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.
CHANGE IN USE
Any change in use defined by Closter Zoning Code or New Jersey Uniform Construction Code.
CODE ENFORCEMENT OFFICIAL
A person who has to be appointed by the Mayor and Council to enforce the municipal ordinances of Closter.
RESIDENTIAL CERTIFICATE OF CONTINUED OCCUPANCY
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]
USE
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.
[Added 5-28-2003 by Ord. No. 2003:898]
Any person or entity who violates any of the provisions of this section, upon conviction therefor, shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties, of this Code.