[HISTORY: Adopted by the Board of Commissioners of the Town of West New York as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 161.
Apartment certificates of occupancy — See Ch. 260, Art. IV.
Zoning — See Ch. 414.
[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Editor's Note: This ordinance also repealed former Art.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.
B. 
An ownership certificate shall also be required for the sale, transfer or conveyance of any commercial or mixed-use building as provided in § 148-1A. 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.
D. 
A residential tenant certificate is required for the change of tenants in any residential property. The requirements for the residential tenant certificate shall be set forth in the application. The fee for the inspection and issuance of the certificate is set forth in § 148-7 of this chapter.
E. 
A vacant property certificate is required for the sale of any vacant land. The fee for this certificate is set forth 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.
Any person who shall knowingly and willfully violate or assist in the violation of this article shall, upon conviction, be punishable as provided in the general penalty provisions as set forth in Chapter 1, General Provisions, Article II.
[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.