[HISTORY: Adopted by the Mayor and Council
of the Borough of Palisades Park 5-9-1996 by Ord. No. 1244.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 104.
Uniform construction codes — See Ch. 116.
Housing standards — See Ch. 159.
Multiple dwellings — See Ch. 189.
Zoning — See Ch. 300.
[1]
This ordinance also repealed former Ch. 198, Occupancy Permits,
adopted as follows: Art. I, 7-8-1976 as Section 8-6 of the Revised
General Ordinances of 1975; Art. II, 7-8-1976 as Section 8-7 of the
Revised General Ordinances of 1975.
As used in this chapter, the following terms
shall have the meanings indicated:
The Construction Official of the Borough of Palisades Park
or such other officer designated by the Mayor and Council to enforce
the provisions of this chapter.
Any building or structure containing three or more rented
or leased dwelling units occupied or intended to be occupied by three
or more persons, together with all appurtenant land, buildings and
structures.
The lawful possession of a dwelling unit, commercial or industrial
space.
The person or persons holding a legal or equitable fee-simple
interest in a commercial, industrial or residential building, or in
case of premises held in the cooperative form of ownership, the person
or persons holding legal or equitable title to the cooperative shares
allocated to a dwelling unit.
Includes one-, two- and three-family homes, multiple-family
dwellings and units therein and individual condominium and cooperative
units.
No person shall occupy or use any portion of
a commercial, industrial or residential building after such building
or portion thereof has been vacated or sold, or when there has been
a change in use or occupancy of such building or any portion thereof,
until the owner or landlord thereof shall have applied for and secured
a certificate of continuing occupancy. Such certificate shall be issued
upon a general inspection of the visible parts of the building and
the portion thereof that has been vacated or sold or in which there
has been a change in use and occupancy, and there shall be no imminent
hazards and that the premises in question shall be in compliance with
applicable building, health, safety and fire codes, regulations, ordinances
and statutes of the Borough of Palisades Park and the State of New
Jersey.
Prior to the rental, lease or sale of any commercial, industrial or residential building or the rental, lease or sale of any individual unit in a multiple-family dwelling involving a new occupancy, continued occupancy or change of use, the Enforcement Officer shall issue a certificate of continuing occupancy in accordance with the standards set forth in § 198-2 of this chapter.
No certificate of continuing occupancy may be
issued to a residential building or any portion thereof unless an
approved smoke detector device has been installed as required by applicable
state statute and local ordinance.
Prior to any rental, lease or sale of any building
or any portion thereof, the owner thereof shall apply to the Enforcement
Officer on an appropriate form for a certificate of continuing occupancy.
The Enforcement Officer shall conduct an inspection of said commercial, industrial or residential building, or portion thereof, which is to be sold, rented or leased within a reasonable time, not exceeding 30 days after completion of said application, and shall issue a certificate of continuing occupancy, provided that the standards set forth in § 198-2 of this chapter have been satisfied and, in the case of a residential building, that the premises are in compliance with the requirement of installation of a smoke detector alarm system.
If, after inspection by the Enforcement Officer, a certificate of continuing occupancy may not be issued to the commercial, industrial or residential building or portion thereof because of the existence of a violation of any code or failure to comply with the standards set forth in § 198-2 of this chapter, notice shall be given by the Enforcement Officer to the owner detailing the violations of applicable laws, regulations or ordinance. The Enforcement Officer shall have the authority to issue any summons or complaint for any violation of any ordinance, statute or regulation against the owner and/or occupant of the commercial, industrial or residential building or portion thereof wherein the violation exists. In the event that any violations are found to exist, there shall be no new occupancy or use of the premises until the criteria has been satisfied for the issuance of the certificate of continuing occupancy.
[Amended 10-17-1996 by Ord. No. 1251]
In the event that, upon inspection of the enforcement
officer, a violation exists which reveals that the property is being
utilized as a multifamily dwelling, i.e., three or more families,
in violation of the local zoning ordinance,[1] the following shall be required in order to satisfy the
Enforcement Officer that said condition has been abated:
A.Â
If separate and distinct utility services are installed
at the premises for the "illegal units", these utility services must
be removed to the satisfaction of the Enforcement Officer; and
B.Â
The present owner and contract purchaser, if any,
must execute a statement, under oath, acknowledging that they are
aware that the premises are to be used in a manner which is consistent
with all local and state laws and they are further aware that all
providers of municipal services and other municipal officials shall
be obligated to report any violation of this chapter or any other
ordinances of the Borough of Palisades Park and that they will be
subject to fines and other penalties consistent with law in the event
of said future violation.
