Except as provided in § 159-30, where a violation of this chapter or the regulations adopted pursuant to this chapter is found to exist, a written notice from the Public Officer shall be served on the person responsible for the correction thereof.
The notice of violation required by § 159-25 shall specify the violation or violations committed; the work required to be done to correct same; a reasonable period of time, not to exceed 30 days, to correct or abate the violation; the right of the person served to request a hearing; and that the notice shall become an order of the Public Officer in 10 days after service unless a hearing is requested pursuant to § 159-28.
A. 
Notice required by § 159-25 shall be posted in a conspicuous location in or on any structure or premises in violation of regulations of this chapter, whether residential or commercial, such notice to state where and under what conditions a copy of the notice may be obtained. Simultaneously with posting, the notice shall be mailed to the responsible person, firm or corporation at the last known address of principal place of business or to the agent appointed by such person, firm or corporation pursuant to these regulations.
B. 
Service may also be effected in person upon the individual owner, operator, occupant or agent or upon a member of the family over the age of 14.
C. 
Where service is by mail, the date of service shall be determined as being on the day following the day of mailing to addresses within the City and as on the fourth day after the day of mailing to addresses outside the City. Where the service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be as of the next regular delivery day.
[Amended 12-14-1970 by Ord. No. 64A-1970]
Within 10 days of the date of service of a notice required by § 159-25, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon and serves a written request within the ten-day period in person or by mail on the Public Officer. Such request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Public Officer, upon receipt of the request, shall, within 30 days therefrom and upon five days' notice to the party aggrieved, set the matter down for hearing.
At any hearing provided pursuant to § 159-28, the Public Officer shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by him, and to enforce any such subpoena or secure any order for the enforcement of any such subpoena as provided by law. Determination shall be made within 10 days from the completion of the hearing. The Public Officer shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing the notice.
A. 
Notwithstanding the requirements of §§ 159-25 to 159-29, violations of the following sections may be prosecuted without notice by the filing of a complaint by the Public Officer in the Municipal Court: §§ 159-18, 159-40, 159-45, 159-50, 159-55, 159-56, 159-57, 159-62D, 159-63, 159-64, 159-65, 159-67, 159-69, 159-70, 159-71, 159-72, 159-79, 159-82A and B, 159-86, 159-87, 159-91, 159-95, 159-101, 159-102, 159-103, 159-105, 159-114, 159-117 to 159-122, 159-125, 159-129, 159-137, 159-138, 159-150, 159-154, 159-162 and 159-203A.
[Amended 5-27-1958 by Ord. No. 31-1968; 11-25-1974 by Ord. No. 61-1974; 4-12-1976 by Ord. No. 15-1976; 4-26-2004 by Ord. No. 10-2004[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
No notice shall be required on the enforcement of § 159-62D as to the removal of accumulated snow or ice from paths, walks, driveways, parking lots and parking areas used by pedestrians and automobiles where such snow or ice remains uncleared within four hours of daylight after termination of the snowfall on commercial properties and eight hours of daylight after the termination of the snowfall on residential properties.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Where the Public Officer, after hearing, shall determine that there was a violation, and a notice was served upon the owner, operator or occupant, whether or not the violation was abated prior to the issuance of an order, if thereafter within the space of one year there shall be a second violation by the same owner, operator or occupant of the same provision of this chapter discovered on the same premises, the offender may be prosecuted on the second violation without the Public Officer first giving notice and opportunity for a hearing to the owner, operator or occupant by the filing of a complaint by the Public Officer in the Municipal Court. Where the Public Officer has on two different occasions found violations by the same owner, operator or occupant on the same premises and has issued notices on each and has held at least one hearing and issued an order thereon, upon discovering a third or subsequent violation by the same owner, operator or occupant on the same premises within the space of one year, whether of the same sections or of any other sections of this chapter, he may thereupon prosecute the offender by filing a complaint in the Municipal Court for the third or subsequent violation occurring within the period of one year without first providing notice and opportunity for a hearing by the Public Officer.
[Amended 5-27-1968 by Ord. No. 31-1968]
The Public Officer may extend the time for correction or abatement of the violations of this chapter for an additional period of time not to exceed 30 days, except where major capital improvements or renovations are involved; in which instance the time for completion may be extended for a period not to exceed 90 days beyond the expiration date of the original notice.
[Amended 11-12-1968 by Ord. No. 58-1968]
A. 
Where the violation or condition existing on the premises under this chapter is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Public Officer may either abate the violation or condition immediately or order the owner, operator or occupant to correct the violation or condition within a period of time not to exceed three days, and upon failure to do so, the Public Officer shall abate the condition immediately thereafter.
B. 
The Public Officer shall submit to the City Council a report of the work done and expenses incurred to abate such condition, and the City Council may thereupon, by resolution, approve the expenses and costs therefor, whereupon the same shall become a lien against the premises, collectible as provided by law. Copy of such resolution shall be certified by the City Clerk and filed with the Tax Collector of the City, who shall be responsible for the collection thereof, and a copy of such report and resolution shall be sent by certified mail to the owner of the premises.
Where abatement of any nuisance as defined in this chapter, correction of a defect in the premises or bringing the premises into compliance with the requirements of this Code or any municipal ordinance or state law applicable thereto requires expending City funds therefor, the Public Officer shall present a report of work proposed to be done to accomplish the foregoing to the City Council with an estimate of the cost thereof, along with a summary of the proceedings undertaken by the Public Officer to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be, hearings and orders of the Public Officer with reference thereto. The City Council may thereupon by resolution authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with the Code or any ordinances of the City and laws of the state. The Public Officer may thereafter proceed to have the work performed in accordance with the resolution at City expense, not to exceed the amount specified in the resolution, and shall, upon completion thereof, submit a report of the funds expended and costs to the City Council. After review of the same, the City Council may approve the expenses and costs, whereupon the same shall become a lien against the premises, collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the City Council and filed with the Tax Collector of the City, who shall be responsible for the collection thereof, and a copy of this report and resolution shall be sent by certified mail to the owner.
Any violation of this Code or any other ordinance other than this chapter discovered by a housing inspector shall be reported to the Public Officer, who shall refer the alleged violation to the official agency responsible for the enforcement of such other ordinance.
Where there exists a violation of occupancy standards under this chapter, an owner or operator, upon receipt of a notice of violation, if unable to eliminate the violation by peaceable means within the period of time specified in such notice, shall commence within such period legal action to dispossess, evict or eject the occupants who cause the violation. No further action shall then be taken against the owner or operator so long as the action under this section is pending in the Court and is prosecuted expeditiously and in good faith.
For the purposes of enforcement of this chapter, the service of a notice on an owner, whether or not the owner is also the operator, shall constitute notice of violations set forth therein until such violations are abated in conformity with this chapter, this Code and other applicable ordinances of the City.
Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this chapter without having right of access to the building or premises through or across adjoining premises not owned by him or under his control, and where right of access has been refused the owner, operator or occupant, or where the owner or person responsible for granting permission cannot be found or located, then, upon the filing of affidavit setting forth the facts with the Public Officer, the Public Officer shall serve a five-day written notice of a hearing in accordance with the provisions for service contained in § 159-27 upon the owner, operator or occupant of any adjoining premises affected by the application.
On the day fixed for hearing on an application pursuant to § 159-37, the Public Officer shall provide opportunity for the owner, operator or occupant of the adjoining property or properties to state why access should not be granted across the adjoining properties.
If the Public Officer determines that access is necessary to accomplish or complete repairs or improvements necessary for compliance with this chapter, then the Public Officer shall issue a certificate of necessity, setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect the adjoining property, reasonable time limits during which such certificate shall operate, precautions to be taken to avoid damage and, where the Public Officer deems proper, that a bond be procured at the expense of any of the persons seeking access to secure the adjoining property against damage to persons or property arising out of such rights of access. The bond shall not exceed in amount $10,000, and the amount set shall take into consideration the extent, nature and duration of the repairs, the proximity of the improvement on the premises affected and potential risk of damage thereto. The bond shall be filed with the Public Officer.
Any refusal to comply with §§ 159-37 to 159-39 or any interference with access to premises pursuant to a certificate issued under § 159-39 shall be a violation of this chapter, and in addition to penalties provided for violation of this chapter, the Public Officer may, upon affidavit, apply to the Judge for a warrant under the procedure set forth in § 159-18, authorizing access to the premises under appropriate conditions and circumstances as provided under § 159-39.
[Amended 3-23-1987 by Ord. No. 5-1987]
Each violation of a provision of this chapter shall constitute a separate and distinct violation, independent of any other provision. Each day's failure to comply with any such section or subsection shall constitute a separate violation, provided that a summons is issued for each occurrence thereof.
Where a defendant charged with a violation of this chapter is other than a natural person, any agent, superintendent, officer, member or partner who shall, alone or with others, have charge, care or control of the premises shall be liable for any penalty imposed upon conviction for such violation.
[Amended 11-10-1969 by Ord. No. 39A-1969]
In the event of the imposition of a fine or penalty by the Municipal Court or any other court of competent jurisdiction against the owner, operator or lessor of any building or structure in the City required to be registered pursuant to § 159-55 for violation of this chapter, this Code or any other city ordinance or state law applicable to the City, the fine or penalty shall be collectible as a lien against the premises and, in addition thereto, shall be collectible pursuant to the procedures for appointment of a receiver as set forth in § 159-10 in addition to any other remedies now provided by law.
[Added 3-23-1987 by Ord. No. 5-1987; amended 4-26-2004 by Ord. No. 10-2004; 8-16-2004 by Ord. No. 24-2004; 9-18-2006 by Ord. No. 24-2006[2]]
Upon conviction of any provision of this chapter, the Court shall impose a minimum fine of not less than $250 or a maximum fine not to exceed $2,000 for each offense, imprisonment for a term not exceeding 90 days, or a period of community service for not more than 90 days, or any combination thereof. If a fine greater than $1,250 is imposed, the property owner shall be afforded a thirty-day period in which to cure or abate the violation and afforded a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of said thirty-day period, a fine greater than $1,250 may be imposed if a court determines that the owner remains in violation or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[1]
Editor's Note: Former § 159-44, Certain fines payable without court appearance, as amended, was repealed 1-23-1984 by Ord. No. 1-1984.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 4-12-1971 by Ord. No. 15-1971; 11-25-1974 by Ord. No. 61-1974; 11-9-1981 by Ord. No. 26-1981; 2-24-2020 by Ord. No. 3-2020; 4-13-2020 by Ord. No. 11-2020; 7-24-2023 by Ord. No. 14-2023]
It shall henceforth be unlawful for any property owner, tenant placement organization, landlord or tenant to rent, make rental payments, accept rental payments or otherwise assist with the rental or lease or in any way deliver up for occupancy any building, premises, apartment or any other dwelling unit until a certificate of habitability to the effect that said building, premises, apartment or any other dwelling unit conforms to the provisions of this chapter shall have been issued by the Public Officer or his designee. In such case, it shall be the duty of the Public Officer or his designee to issue a certificate of habitability upon inspection and approval by a housing inspector within 15 days after a written request for such certificate shall have been filed with the Public Officer by a property owner, landlord or tenant of a building, premises, apartment or any other dwelling unit. Such certificate of habitability shall be effective for a period of time that the premises again becomes occupied and for as long as occupancy remains unchanged. Any safety concerns noted during inspection shall be reported to and signed by the landlord. Minor issues within dwellings that do not compromise the health or safety within shall be issued a certificate of habitability at the discretion of the City Inspector/Public Official.
[Amended 4-12-1971 by Ord. No. 15-1971; 11-25-1974 by Ord. No. 61-1974]
A. 
The fee for the issuance of a certificate of habitability shall be $100, except in the case of new developments and substantially rehabilitated units of 10 or more, for which the fee for issuance of a certificate of habitability shall be $75. The first reinspection shall be no charge. The fee for the second and subsequent reinspections shall be $75.
[Amended 2-28-1983 by Ord. No. 7-1983; 6-10-1987 by Ord. No. 18-1987; 7-20-1992 by Ord. No. 16-1992; 11-8-1993 by Ord. No. 10-1993; 2-22-1999 by Ord. No. 4-1999; 5-12-2014 by Ord. No. 6-2014]
B. 
The Housing Authority of the City of East Orange shall be exempted from the requirements of this section, provided that the Public Officer, in his discretion, finds said fee to create an unreasonable hardship on said Housing Authority. Nothing herein contained shall be deemed to repeal, supersede or prevent the Housing Authority of the City of East Orange from complying with the regulations as prescribed in § 159-45 of this chapter, as amended and supplemented.
[Added 10-10-1978 by Ord. No. 33-1978]
[1]
Editor's Note: As to fees generally, see Ch. 170, Licenses and Fees.
[1]
Editor’s Note: Former § 159-47, Temporary certificate of habitability, as amended, was repealed 2-26-2018 by Ord. No. 3-2018.
[1]
Editor's Note: Former § 159-48, Fee for temporary certificate of habitability, as amended, was repealed 7-20-1992 by Ord. No. 16-1992 and 11-8-1993 by Ord. No. 10-1993.
[Added 11-25-1974 by Ord. No. 61-1974]
A. 
Certificates of habitability and temporary certificates of habitability issued pursuant to §§ 159-45 and 159-47 of this chapter shall contain the maximum number of persons by which the dwelling unit involved may be occupied under §§ 159-133 through 159-145 of this chapter.
B. 
The owner of the premises for which a certificate of habitability is issued, or his authorized representative, must sign said certificate of habitability or temporary certificate of habitability.
C. 
Upon the renting of the premises involved, the owner, his authorized representative and, to the extent applicable, a tenant placement organization shall have a copy of the certificate of habitability signed by the tenant, give a copy of the certificate of habitability or temporary certificate of habitability to the tenant and return a signed copy to the Public Officer. An owner or his authorized agent may not rent, offer to rent or offer to permit occupancy of any premises without obtaining the required signature. A tenant placement organization is prohibited from paying rent on a tenant's behalf until such time as a certificate of habitability has been issued. The tenant's failure to sign the certificate of habitability or temporary certificate of habitability shall be prima facie evidence of violation of this article by the tenant, and the tenant shall be subject to all penalties herein.
[Amended 9-8-1975 by Ord. No. 60-1975; 2-24-2020 by Ord. No. 3-2020]
D. 
If the provisions of this section are not met and the City of East Orange is subsequently required to relocate the tenants of the dwelling unit involved, the owner and tenant placement organization shall be jointly liable for all costs of relocation and shall further be liable for any payments the City of East Orange may be required to make to the relocated tenant under the applicable laws of the United States of America or the State of New Jersey. This provision shall not be construed so as to impose a relocation obligation on the City of East Orange. The tenant shall only be liable under this provision to the extent they refuse to execute a certificate of habitability without good cause.
[Amended 2-24-2020 by Ord. No. 3-2020]
E. 
Tenant placement organizations.
[Added 2-24-2020 by Ord. No. 3-2020]
(1) 
Registration.
(a) 
Tenant placement organizations shall register with the City of East Orange's Department of Property Maintenance before engaging in any activity within the City of East Orange. After the initial registration, tenant placement organizations shall be required to register on an annual basis with the City's Department of Property Maintenance. The initial registration fee shall be $250 and subsequent annual registration fees shall be $100.
(b) 
When registering, tenant placement organizations shall provide the following information to the City of East Orange:
[1] 
The organization's home address.
[2] 
The identity of a natural born person who shall bear personal responsibility for ensuring compliance with the City of East Orange's property maintenance code.
[3] 
A detailed list of all tenants that the organization provided services to or on behalf of either prior to the passage of this section or within the previous 12 months prior to registration. For each tenant so identified, the landlord shall identify: the dates of their tenancy, the tenant's contact information, the tenant's address within the City of East Orange, the name and contact information of the tenant's landlord, as well as the nature and length of any rental assistance, subsidies or vouchers that have been or are slated to be provided by the tenant placement organization.
[4] 
A declaration under penalty of perjury that the organization has not made any payments to landlords during the preceding 12 months without first receiving written confirmation from the City of East Orange that a certificate of habitability has been issued.
(2) 
Prohibitions and penalties.
(a) 
Tenant placement organizations shall not do the following:
[1] 
Tenant placement organizations shall not prepay rent in an amount that exceeds three monthly rental payments.
[2] 
Tenant placement organizations shall not provide rental payments to any landlord without first confirming that a certificate of habitability has been issued.
[3] 
Tenant placement organizations shall not make any payments to landlords for units that are found to be in violation of the City's property maintenance code until such time as the violations are abated.
[4] 
Tenant placement organizations shall not place any tenants within the City of East Orange without first crafting a plan of action to ensure that the tenant is not rendered homeless at the conclusion of the tenant placement organization's rental assistance. While not exhaustive, at a minimum, the plan should include job training and referrals to agencies that can provide rental assistance.
(b) 
Tenant placement organizations that violate the City of East Orange's property municipal code shall be subject to the penalties set for in § 159-44 of the East Orange City Code.
(3) 
Exception. When a tenant placement organization registers with the City pursuant to this section, the City's Director of Property Maintenance may exempt an organization by allowing it to pay more than three months of advance rent for a tenant if the organization has a demonstrable track record of success and compliance with the City's property maintenance code. Tenant placement organizations that disagree with the Director's conclusion can register an appeal with the City's governing body which shall render its decision within 60 days of the date the appeal is filed.
[Added 9-11-1972 by Ord. No. 36-1972; amended 5-26-1987 by Ord. No. 16-1987]
A. 
It shall henceforth be unlawful for any owner and/or prospective purchaser of real property to sell, convey, deliver or transfer and for any purchaser to purchase, take title or possession of any building, premises or unoccupied/vacant lot until a certificate of conformity has been issued to the effect that said building or premises or unoccupied/vacant lot complies with and conforms to the provisions of this chapter by the Public Officer or his designee. The certificate of conformity shall be issued after proper application has been executed and filed by the owner and/or the purchaser, as required, and after inspection and approval by a housing inspector designated by the Public Officer.
[Amended 4-26-2004 by Ord. No. 11-2004]
B. 
The Public Officer shall cause an inspection to be made within 15 days after the request for the same has been made to the Public Officer. If upon inspection/reinspection of the building, premises or unoccupied/vacant lot it shall be determined that no evidence of any violation of this chapter exists, the Public Officer or his designee shall, within 15 days after the inspection/reinspection has been completed, cause to be issued a certificate of conformity, stating that said building, premises or unoccupied/vacant lot conforms to the provisions of this chapter.
[Amended 4-26-2004 by Ord. No. 11-2004]
C. 
In the event that the agreement of sale, conveyance or transfer of possession provides for or contemplates an as-is conveyance or transfer, then a copy of said agreement shall be attached to the application, which application must be signed by both the seller, grantor or transferor and the purchaser, grantee or transferee. The Public Officer shall cause an inspection/reinspection to be made within 15 days after the request for the same has been made to the Public Officer. If the inspection/reinspection of the building or premises or unoccupied vacant lot reveals violations of this Code or of applicable City ordinances, and such violations will not be repaired or corrected before title closing or transfer of possession, then the Public Officer or his designee may issue a nonrenewable temporary certificate of conformity, which certificate will be valid for a period not in excess of six months from the date of conveyance or transfer of possession. The written request must acknowledge the existing Code violations and the obligation to correct or abate such violations in order to obtain a certificate of conformity prior to the expiration of the temporary certificate of conformity. No additional certificates of conformity will be issued until all violations from the original inspection notice have been abated.
[Amended 4-26-2004 by Ord. No. 11-2004; 2-26-2018 by Ord. No. 3-2018]
D. 
The responsibility and/or liability for obtaining the certificate of conformity is both with the property owner and/or prospective purchaser. The fact that one or both have abrogated the responsibility hereinabove shall not diminish the liability of either one or the other to the exclusion and/or inclusion of the other.
[Added 9-11-1972 by Ord. No. 36-1972; amended 5-26-1987 by Ord. No. 16-1987; 10-10-2000 by Ord. No. 18-2000; 4-26-2004 by Ord. No. 11-2004]
The following transfers, conveyances or deliveries of any building, premises or unoccupied/vacant lot are hereby exempt from the requirement of an application for certificate of conformity:
A. 
Wherever a transfer, conveyance or delivery of building, premises or unoccupied/vacant lot is made between immediate members of a family, including but not limited to husband and wife, and, in the case of a building or premises, same contains less than four dwelling units.
B. 
Whenever premises are purchased specifically for the building thereon to be demolished, then, in that event, said intention shall be given to the Public Officer in writing, and the necessary demolition permit shall be obtained from the applicable department in the City of East Orange. This demolition must take place within 90 days of the date requested. If demolition has not taken place within the 90 days, a certificate of conformity must be applied for, with the necessary fee.
[Amended 2-26-2018 by Ord. No. 3-2018]
C. 
Transfer or delivery of building, premises or unoccupied/vacant lot by reason of probate proceedings. This shall be exempted only if the grantee is an heir or beneficiary under a probated last will and testament.
D. 
City-owned property.
[Added 9-11-1972 by Ord. No. 36-1972; amended 2-28-1983 by Ord. No. 7-1983; 6-10-1987 by Ord. No. 18-1987; 7-20-1992 by Ord. No. 16-1992; 11-8-1993 by Ord. No. 10-1993; 2-22-1999 by Ord. No. 4-1999; 4-26-2004 by Ord. No. 11-2004]
A. 
Fees for inspections/reinspection for certificates of conformity required by § 159-50 of the Code of the City of East Orange, notwithstanding § 159-44 as may be applicable, shall be as follows:
[Amended 5-12-2014 by Ord. No. 6-2014]
Type
Fee
Residential properties
Unoccupied/vacant lots
$100
1- and 2-dwelling units
$200
3 multiple-dwelling units
$325
4 to 5 multiple-dwelling units
$450
6 to 10 multiple-dwelling units
$500
11 to 15 multiple-dwelling units
$600
16 to 20 multiple-dwelling units
$1,000
21 to 30 multiple-dwelling units
$1,200
31 to 40 multiple-dwelling units
$1,400
41 to 50 multiple-dwelling units
$1,600
51 to 60 multiple-dwelling units
$1,800
61 and more multiple-dwelling units
$2,000
First reinspection
No charge
Second reinspection
$75
Third and subsequent reinspections
$125
Commercial properties
1 to 1,000 square feet
$100
1,001 to 2,000 square feet
$150
2,001 to 3,000 square feet
$175
3,001 to 4,000 square feet
$200
4,001 to 5,000 square feet
$225
The following formula will be used to determine the inspection fee for any structures over 5,000 square feet:
Sample: 23,000 square feet
Fee:
4 x 5,000 square feet
=
$900
1 x 3,000 square feet
=
$175
Total
=
$1,075
B. 
Fees for inspections/reinspection for decontrol required by § 218-27 of the Code of the City of East Orange[1] shall be as follows:
Type
Fee
First inspection/reinspection
$125
First reinspection
No charge
Second and subsequent reinspections
$75
[1]
Editor's Note: See Ch. 218, Rent Control and Conversions.
[1]
Editor's Note: Former § 159-3, Conveyance of certificated premises: additional inspection/reinspection, new certificates, added 9-11-1972 by Ord. No. 36-1972, as amended, was repealed 2-23-2015 by Ord. No. 7-2015.
[Added 9-11-1972 by Ord. No. 36-1972; amended 2-23-2015 by Ord. No. 7-2015]
The provisions of this article shall not apply to judicial sales, except that, after a title has been taken by the purchaser from such judicial offer, then the purchaser shall make application for a certificate of conformity in accordance with the provisions herein within 30 days.