This chapter is adopted to provide, through
the certification process, an orderly and convenient method of inspection
of buildings to determine:
A. Whether the property may continue to be used in compliance
with the local zoning ordinances of the Borough of Oradell or by virtue
of the fact that the use is a valid nonconforming use in said zone
or a permitted use by legal variance proceeding.
B. That the use does not constitute a danger to the health,
safety and welfare of the citizens of the Borough of Oradell.
C. Whether there are any outstanding violations of law
or orders of the Construction Official pending.
The application shall be filed by the current
owner of the property or his agent no later than 21 days prior to
the anticipated date of change of ownership, tenancy, occupancy or
use.
In the case of industrial or commercial property,
as a condition to issuance of a certificate of continued occupancy,
the current owner shall supply a certified copy of the Environmental
Cleanup Responsibility Act (ECRA) documentation relating to the premises, plus a copy of
the vacating tenants ECRA documentation, if it is determined that
ECRA applies.
A nonconforming use, regardless of the duration
it has existed, shall not receive a certificate of continued occupancy
unless it can be demonstrated that the use predates any law or ordinance
regulating it or that a valid certificate of occupancy was at one
time issued for such use and such use has been continuous, regardless
of changes in ownership of the building or structure.
On the serving of notice of any violation of
the provisions of this chapter with respect to any premises or use
thereof covered in the certificate of continued occupancy, said certificate
of continued occupancy for such use shall be thereupon null and void.
A new certificate of continued occupancy shall be required for any
further use of said premises.
No certificate of continued occupancy shall
be issued for any structure unless an approved automatic fire-detection
system is installed in such structure. The standard for installation
shall be in accordance with NFiPA-72 or 74, as the same may be hereafter
amended; provided, however, that existing one- and two-family dwellings
may utilize approved battery-operated smoke detectors.
Fees shall be as indicated in Chapter
115, Fees, and shall be payable upon filing of an application pursuant to this chapter.
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment in the county jail for a term not
exceeding 90 days, or both, and each violation of any of the provisions
of this chapter and each day the same is violated shall be deemed
and taken to be a separate and distinct offense. Any fraud, misrepresentation
or false statement contained in an application filed pursuant to this
chapter shall be deemed a violation of this chapter.
To assist in the enforcement of this chapter,
a notice shall be included on all tax search and added assessment
searches prepared by the tax collector of the Borough of Oradell stating
that a certificate of continued occupancy is required for a change
in the use, occupancy, tenancy or sale or the vacation of any building
or portion thereof used for residential, commercial or industrial
purposes within the Borough of Oradell; provided, however, that the
failure to affix such notice shall not constitute a defense for the
failure to obtain a certificate of continued occupancy in violation
of this chapter.
Should any section, paragraph, clause or phrase
of this chapter be declared unconstitutional or invalid for any reason,
the remaining portions of this chapter shall not be affected, and,
to this end, the provisions of this chapter are hereby declared to
be severable.
No certificate of continued occupancy issued pursuant to this chapter shall constitute a defense against any violation of any other local ordinance or provision of this Code relating to the conduct of business or the maintenance of property in the Borough of Oradell, including but not limited to, Chapter
100, Contractors, Licensing of, Chapter
190, Property Maintenance, Chapter
235, Streets and Sidewalks, and Board of Health legislation and regulations.