[HISTORY: Adopted by the Board of Commissioners of the Town
of West New York as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-21-2016 by Ord. No. 6/16[1]]
[1]
Editor's Note: This ordinance also repealed former Art.
I, Sale, Transfer or Conveyance of Real Estate, adopted 11-26-1986,
as amended.
WHEREAS, Chapter 148 of the Code (the "Code") of the Town of West New York (the "Town") establishes the process to obtain an ownership certificate in order to transfer title to property; and
WHEREAS, the Town seeks to clarify that an ownership certificate
is required for the sale of residential, commercial, mixed-use and
vacant properties. A business certificate is required for changes
in use or tenancy of a commercial property, and a residential tenant
certificate is required for changes of residential tenants; and
WHEREAS, according to N.J.S.A. 40:48-1, the Town is permitted
to, among other things, adopt ordinances in order to protect the public
health, safety and welfare of the municipality and its inhabitants;
and
WHEREAS, the Town is desirous of insuring that buildings are
safe and comply with construction and safety requirements upon the
sale or change in occupancy of the buildings, and therefore an inspection
of the premises is required and issuance of an ownership/business/tenancy
certificate:
A.
It shall henceforth be unlawful for any owner or prospective purchaser of real property to sell, convey, deliver or transfer, and for any purchaser to purchase, or take title or possession of, any residential building or premises until an ownership certificate, to the effect that such residential building or premises complies with and conforms to the provisions of this article, shall have been issued by the Director of the Department of Public Affairs or his designee. The ownership certificate shall be issued after a proper application has been executed and filed by the owner or the purchaser, as required, and after inspection and approval by an inspector designated by the Director of the Department of Public Affairs or Construction Code Official. The fee for such inspections shall be as provided for in § 148-7 of this chapter.
C.
A business certificate shall be required for the change in tenancy or use of a commercial or mixed-use building. The requirements of the business certificate are set forth in the application and require the name of the property owner and business owner information. The fee for such inspections shall be as provided for in § 148-7 of this chapter.
The procedures for obtaining the ownership certificate or business
certificate shall be as adopted, promulgated and set forth by the
Director of the Department of Public Affairs and as approved by the
governing body of the Town after the Director of Public Affairs has
adopted, promulgated and set forth such procedures; further, these
procedures may be amended from time to time as the need may arise,
with the approval of the governing body of the Town.
In the event that the agreement of sale, conveyance or transfer
of possession provides for or contemplates an "as is" sale, conveyance
or transfer, then a copy of such agreement shall be attached to the
application, which application must be signed by both the seller,
grantor or transferor and the purchaser, grantee or transferee. Upon
receipt of the complete application with appropriate fee, the Department
of Public Affairs shall arrange for an inspection of the building
to determine if there are violations of the Housing, Building, or
Fire Codes or Property Maintenance Code of the Town of West New York.
If the inspection of the building or premises reveals violations of
the Housing, Building, Fire, Electrical or Property Maintenance Codes
or ordinances which will not be repaired or corrected before title
closing or transfer of possession, then the Director of the Department
of Public Affairs or his designee may issue a nonrenewable temporary
ownership certificate for a period not in excess of six months from
the date of conveyance or transfer of possession. When a temporary
ownership certificate is issued, the purchaser or transferee shall
acknowledge receipt of such certificate and obligation to comply with
the provisions and requirements of the Housing, Building, Fire, Electrical
or Property Maintenance Codes and the Town ordinances applicable to
the same. The Director of the Department of Public Affairs or his
designee is authorized to issue a final ownership certificate when
his inspection of the premises indicates that the premises are free
of violations of the Housing, Building, Fire, Electrical or Property
Maintenance Codes of the Town of West New York.
The responsibility and liability for obtaining or not obtaining
the ownership certificate is both with the property owner and the
prospective purchaser. The responsibility and liability for obtaining
the business certificate is both with the property owner and business
owner. The fact that one or both have abrogated the responsibility
hereinabove shall not diminish the liability of either one or the
other to the exclusion or inclusion of the other. The responsibility
and liability of obtaining the residential tenant certificate shall
be with the landlord.
This article shall apply to the transfer of ownership of all
residential, commercial and mixed-use buildings, including one-family,
two-family and three-family dwellings, whether owner occupied or not,
and all multifamily residential buildings having more than three dwelling
units. It shall also apply to all residential buildings which are
to be converted into a condominium or cooperative form of ownership.
Business certificates shall be obtained by all property owners who
change the use of their buildings or change tenants in their buildings.
[Amended 9-19-2018 by Ord. No. 14/18]
Failure to obtain any ownership certificate, business certificate,
residential tenant certificate or vacant land certificate shall result
in a fine of $1,000.
