[HISTORY: Adopted by the Mayor and Council of the Borough of Oradell 6-20-1989 by Ord. No. 861. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 95.
Licensing of contractors — See Ch. 100.
Fees — See Ch. 115.
Fire prevention — See Ch. 121.
Flood damage prevention — See Ch. 130.
Flood-fringe areas — See Ch. 132.
Property maintenance — See Ch. 190.
Streets and sidewalks — See Ch. 235.
Subdivision of land — See Ch. 240.
Zoning — See Ch. 290.
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.
A. 
No person shall occupy a building or portion thereof for a commercial or industrial purpose after said building or portion thereof has been vacated due to the sale of said industrial or commercial property or for which there has been a change in use or change in tenancy or occupancy until the owner of said premises has applied for and secured a certificate of continued occupancy.
B. 
No person shall occupy a building or portion thereof for residential purposes after said building or portion thereof has been vacated due to the sale of said residential property or for which there has been a change in use or change in tenancy or occupancy until the owner of said premises has applied for and secured a certificate of continued occupancy.
A. 
It shall be the responsibility of the owner of any premises for which a certificate of continued occupancy is required as provided in this chapter to make application for such certificate on application forms provided by the Borough and to supply all information called for on said form. Without limiting the foregoing, in the case of premises occupied for commercial or industrial purposes, said application shall call for all facts related to the nature of the business, occupation or industry, the manufacturing or other processes involved and the nature of all materials stored on the premises as part of or pertinent to such industrial or commercial activity.
B. 
Such application shall be filed with the Borough of Oradell Code Enforcement Agency, which shall review the application and, if it is complete, cause the premises to be inspected for the purposes specified in this chapter, said inspection to be conducted by the Building Inspector, the Zoning Board Administrative Official, the Health Officer and the Fire Safety Inspector or such thereof as the Construction Official deems necessary to carry out the purposes of this chapter.
C. 
The Construction Official or his designee shall either issue or deny the application within 21 calendar days from submission. The certificate of continued occupancy shall evidence only that a general inspection of the visible parts of the premises has been made and that it is in compliance with the purposes of this chapter. If it is determined that a certificate of continued occupancy may not be issued, a written notice of denial must be issued to the owner and/or his agent, setting forth the reasons for denial, and copies shall be provided to the Borough of Oradell Code Enforcement Agency and to the Borough Clerk.
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)[1] documentation relating to the premises, plus a copy of the vacating tenants ECRA documentation, if it is determined that ECRA applies.
[1]
Editor's Note: See N.J.S.A. 13:1K-6 et seq.
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.