[HISTORY: Adopted by the Borough Council of the Borough of Eatontown 7-9-2003 by Ord. No. 19-2003. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Eatontown, County of Monmouth, State of New Jersey.
FAMILY
Any number of individuals related by blood, marriage or adoption, and their domestic employees, living together as a single housekeeping unit and sharing rooms and other housekeeping facilities in common, or a group of not more than five unrelated persons living together as a single housekeeping unit in a dwelling unit.
[Amended 8-24-2011 by Ord. No. 14-2011]
HOTEL
A building containing one or more rooms used, rented or hired out on a transient basis to be occupied for sleeping purposes only and not containing individual eating and cooking facilities.
INSPECTOR
The person designated by the Borough of Eatontown to inspect and issue certificates of occupancy pursuant to this chapter.
MOTEL
A building containing one or more rooms with individual entrances used, rented or hired out on a transient basis to be occupied for sleeping purposes only and not containing individual eating and cooking facilities.
No person, firm, partnership, association, corporation or the like shall rent, lease, change title or suffer or allow any person or persons to occupy any assembly, business, educational, factory, industrial, high hazard, institutional, mercantile, storage, and utility - miscellaneous use, room, dwelling, apartment, house, trailer, mobile home or the like, except members of the family, except if the same is part of a motel or hotel, unless a certificate of occupancy is obtained from the inspector with consent (as to matters outside of the Uniform Construction Code) of the Zoning Enforcement Officer after an inspection thereof, certifying the said assembly, business, educational, factory, industrial, high hazard, institutional, mercantile, utility-miscellaneous, room, dwelling, apartment, house trailer, mobile home or the like is fit for human habitation or to do business and is in compliance with all applicable federal and state laws and ordinances of the Borough of Eatontown.
It shall be unlawful to use or permit the use of any residential, commercial or industrial structure, dwelling, house trailer or mobile home or structure to be used for any purpose set forth in § 116-2 or any part thereof occupied for a new use, resale use or occupied by a new occupant; or occupied as a low- or moderate-income residential sale, whether upon initial sale or resale or hereinafter erected, altered, converted or enlarged wholly or in part until a certificate of occupancy shall have been issued by the inspector with the consent (as to matters outside of the Uniform Construction Code) of the Zoning Enforcement Officer. The inspector shall issue a certificate of occupancy only when he or she is satisfied that the structure satisfies all code requirements; Zoning Enforcement Officer has certified that the development complies with the provisions of this chapter and the Zoning Code and, in the case of new development, the Township Engineer has certified that the developer has complied with the requirements and conditions of any resolutions approving of the development and is not in violation of the ordinances of the Borough; and all other officials have made subcertifications as this chapter may require prior to issuance of the certificate of occupancy and that the structure, dwelling or ownership of house trailer or mobile home is in compliance with all applicable federal and state laws and ordinances of the Borough of Eatontown.
Applications for certificates of occupancy shall be made in writing to the inspector and shall state:
A. 
The name, address and future primary residence or place of business of the future owner/renter.
B. 
Such description of the structure, dwelling, house trailer, mobile home or the like, by street number or otherwise, as will enable the inspector easily to locate the same.
C. 
The name and address of the primary residence or principal place of business of the agent, person, association or corporation, if any, appointed by said owner for allowing entry into the structure, dwelling, house trailer or mobile home.
The owner shall, not more than 30 days prior nor less than 10 days after a tenant removes from and vacates a room, dwelling, apartment or the like, file with the office of the inspector a statement containing the address of the premises and the number or other specific description of the place vacated.
No such vacated room, structure, dwelling, apartment, house trailer or mobile home or the like shall be rented or occupied upon sale in whole or in part by any new tenant or new owner until an inspection has been made by the inspector to determine whether such room, structure, dwelling, apartment or house trailer or mobile home or the like is in violation of any applicable federal or state law or ordinance of said Borough. If no such violation exists, the inspector shall issue a certificate of occupancy; otherwise he or she shall notify the owner in writing setting forth the specific violations existing.
A. 
An inspection pursuant to §116-6 shall be made, and either a certificate of occupancy or a notice of violation shall be issued, as aforesaid, within 10 days from the date of application. If said inspection is not accomplished in said ten-day period, the room, dwelling, apartment, new construction or resale structure or dwelling or structure or ownership of house trailer or mobile home or the like may be occupied by the tenant, but subject to the right of the Borough to cause said room, dwelling, apartment, new construction or resale dwelling or structure or ownership of house trailer or mobile home or the like to be inspected and, if violation is found, to cause said premises to be vacated within 10 days from the date of notice hereof.
B. 
No building shall be sold or transferred unless the owner shall have first obtained a certificate of occupancy and have complied with the following requirements in addition to local ordinances:
[Amended 8-24-2011 by Ord. No. 14-2011]
(1) 
Must meet the requirements of the International Property Maintenance Code, 2009 Edition, New Jersey State Housing Code, New Jersey Uniform Fire Code, and where applicable the New Jersey Regulations for Hotels and Multiple Dwellings, and all references to other Uniform Building Codes and local ordinances.
(2) 
Must obtain or complete any and all zoning/building permit issues before a certificate of occupancy can be issued.
(3) 
A courtesy checklist will be provided for residential sales and rentals. Other issues may come up that cannot be listed.
(4) 
All electrical outlets within six feet of a water source, and all exterior, unfinished basements, and garage outlets must be ground fault protected.
(5) 
Bathroom fixtures cannot be used as a source of power.
(6) 
All electric wires must terminate in approved boxes.
(7) 
All openings in electric boxes must be closed off.
(8) 
Must have street numbers on the house, visible from the street; minimal size of numbers four inches.
(9) 
Handrails and guardrails must be in good condition.
(10) 
Windowpanes must be in; none missing; no large cracks and no broken seals.
(11) 
All electric outlets and switches must have approved plates installed.
(12) 
All windows must be 45% openable and stay open with no supports.
(13) 
Electric fuse boxes must have correct size fuses for their intended wire size use.
(14) 
All electric circuit breakers must be of the correct size for their intended wire size use.
(15) 
Connection of heat system metal stack where applicable to chimney must be in good condition.
(16) 
No electric cords (wires) shall be installed on or through the walls, floors, ceilings or from room to room.
(17) 
Clothes dryer exhaust will be of noncombustible material.
(18) 
Electric service will be 60 amperes minimum.
(19) 
All installed appliances must be installed as per manufacturer's instructions.
(20) 
Smoke detectors, one on each level and within 10 feet of sleeping quarters, must be in working order.
(21) 
It will be the responsibility of the agent or owner in case of a central fire alarm system to be able to secure system for test by inspector and after test to return system to normal mode.
(22) 
All items must be in good order before calling for inspection.
A certificate of occupancy issued pursuant to this chapter shall be posted in a conspicuous place in the same room, structure, dwelling, apartment, new construction or resale dwelling or structure or ownership of house trailer or mobile home or the like upon the issuance thereof.
A. 
The fees for a certificate of occupancy and inspection shall be as follows:
(1) 
Thirty dollars for multifamily apartment rentals. If, following the first inspection, the certificate of occupancy is not approved and a reinspection must be made, the following fees shall be charged:
[Amended 4-13-2005 by Ord. No. 7-2005]
(a) 
First reinspection: $20.
(b) 
Second and subsequent reinspections: $35.
(2) 
Fifty dollars for rentals of residential properties. Investors with 20 or more units in a multifamily dwelling will be charged multifamily rate of $30.
[Amended 4-13-2005 by Ord. No. 7-2005]
(3) 
One hundred dollars for transfer of residential properties.
[Amended 4-13-2005 by Ord. No. 7-2005]
(4) 
Forty dollars per living unit for Use Group R-3 (one- and two-nonrental-family dwellings) and R-2 (multifamily dwellings).
(5) 
Seventy-five dollars for a Unit Group R-1 (hotels - motels), A (Assembly), F (Factory), H (High Hazard), I (Institutional), S (Storage) and E (Educational).
(6) 
Commercial.
[Amended 8-24-2011 by Ord. No. 14-2011[1]]
(a) 
Fifty dollars a unit for up to and including 1,000 square feet of floor area.
(b) 
One hundred dollars a unit for 1,001 square feet to 3,000 square feet.
(c) 
One hundred twenty-five dollars a unit from 3,001 to 5,000 square feet.
(d) 
One hundred fifty dollars a unit for 5,001 square feet and over.
[1]
Editor's Note: This ordinance also redesignated the former Subsection A(8) as Subsection A(7).
(7) 
One hundred dollars for change of use group.
(8) 
Residential. A certificate of occupancy/continued use shall be valid for the duration of the same tenant/owner occupying that property.
[Added 8-24-2011 by Ord. No. 14-2011]
(a) 
If a tenant/buyer backs out of lease/purchase prior to occupancy, and a new tenant/buyer subsequently purchases property, an updated application must be submitted with the appropriate information.
(b) 
A certificate of occupancy/continued use will be valid for 60 days. If after 60 days a tenant/buyer has not occupied the property, then a new certificated must be applied for.
B. 
All fees shall be paid upon application for the certificate of occupancy.
Any person, firm, partnership, association, corporation or the like who shall violate any provision of this chapter shall be subject to a fine not more than $1,250 or imprisonment for a term not more than 90 days or a period of community service not exceeding 90 days, or any combination thereof.
A. 
On or before the last day of each month, each landlord or his agent subject to the provisions of this chapter shall submit to the inspector a list of all dwelling units owned by said landlord in the Borough of Eatontown in which there has been a change in occupancy since the submission of the last such list. The first such list shall be due March 31, 1975, and shall include all change in occupancy from March 1, 1975.
B. 
On or before the last day of each three-month period, each landlord or his agent subject to the provisions of this chapter shall submit to the inspector a schedule of all dwelling units owned by said landlord in the Borough of Eatontown on forms to be supplied by the inspector. Said schedule shall contain the number or address of each dwelling unit and the name or names of its occupants, if any, on the date of submission. The first such schedule shall be due March 31, 1975.