Township of Wayne, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: 1988 Code §§ 100-1—100-8 adopted as amended through December 31, 2013 and further amended by Ord. No. 37-2015; Ord. No. 30-2015; Ord. No. 41-2020. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
The Construction Code Official or his/her designee.
A structure equipped with cooking facilities and designed for use as living space for one or more people, including, but not limited to, one- or two-family homes, duplexes, townhouses and condominiums, excluding multiple-family dwellings that are regulated by Chapter 99 of the Code of the Township of Wayne
[Ord. No. 50-2015]
No residential premises may be changed in tenancy, use or ownership unless a certificate of continued occupancy has been issued by the Enforcement Officer. If the change of tenancy, use or ownership is between immediate family members (spouse to spouse, parent to child, or sibling to sibling only), no certificate of continued occupancy is required.
[New; amended 10-21-2020 by Ord. No. 41-2020]
Upon receipt of a homeowner’s or purchaser's agreement, as applicable, and acceptance by the Enforcement Officer, properties may close and/or be occupied without a certificate while violations are being abated. No such agreement shall exceed 60 days.
Upon expiration of the 60-day period, the applicant must re-apply and pay the applicable fee as provided in Chapter 75 in addition to any violations and penalties as set forth in § 100-8.
An application for a continued certificate of occupancy shall be submitted on forms to be furnished by the Enforcement Officer.
The Enforcement Officer is hereby authorized to conduct inspections of residential premises upon receipt of an application advising of a pending change in tenancy, use or ownership.
The inspection of the residential premises shall include a determination that the residential premises conforms, in all respects, to the Zoning and Property Maintenance Ordinances of the Township. If the inspection reveals items such as, but not limited to, additions, attic or basement apartments, finished basements, garages, sheds or pools, second kitchens and/or decks, a determination must be made that the aforementioned were installed or constructed either with the required permits or by virtue of a grant of a variance.
[Amended 10-21-2020 by Ord. No. 41-2020]
The Enforcement Officer shall, within 15 business days after closure of all open permits and receipt of a written application for a certificate of continued occupancy or within the time period requested and for which the applicable fee has been paid as provided in Chapter 75, either issue said certificate, provided that the inspections reveal that the residential premises complies with the requirements contained in § 100-4B or, in the event of noncompliance, notify the applicant in writing as to the reason(s) why the residential premises failed the inspection and what remedial action must be taken to correct the conditions. All remedial action must be completed within 60 days in accordance with § 100-2.1.
The Township of Wayne does not guarantee to the purchaser, mortgagor or mortgagee that the residential premises inspected is free from latent or patent defects; nor is the Township liable for damage or injury caused to any person as a result of any violation not recorded in the inspection report, nor is the Township liable for any damages, claim or injuries to property which is the subject of the inspection.
[Amended 10-21-2020 by Ord. No. 41-2020]
A fee as provided in Chapter 75, Fees, shall accompany each application for a certificate of continued occupancy; provided, however, that the Enforcement Officer may waive the inspection fee if a certificate of occupancy or a continued certificate of occupancy has been issued within 90 days of the date of the application. An applicant shall be entitled to one follow-up inspection at no charge. The charge for all additional follow-up inspections shall be as provided in Chapter 75, Fees, per inspection.
If a homeowner and/or realtor schedules an appointment and the Enforcement Officer cannot gain entry to the premises on the scheduled inspection date, a fee shall be applied as outlined in Chapter 75.
An additional fee shall be charged for allowing the applicant to close without a certificate in accordance with § 100-2.1 as outlined in Chapter 75.
[Ord. No. 37-2015]
If the Enforcement Officer's inspection reveals a second kitchen on the property for which no prior approvals were obtained in violation of the applicable chapters of the Code of the Township, the property owner shall be required to enter into a deed restriction agreement with the Township which shall run with the land and be recorded in the Passaic County Register's Office. A filing fee shall be assessed to the property owner. Certificates of Continued Occupancy shall not be issued until all fees are paid in full. Said fee is provided in Chapter 75, Fees.
Any person who violates any provision of this chapter shall, upon conviction, be liable to the penalties stated in Chapter 1, Section 1-15.