[HISTORY: Adopted by the Mayor and Council
of the City of Garfield 4-8-1997 by Ord. No. 2212 (Ch. 109A of the 1979
Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Construction Official of the City of Garfield or such
other officer designated by the Mayor and Council to enforce the provisions
of this chapter.
Any building or structure containing two or more rented or
leased dwelling units occupied or intended to be occupied by two 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.
[Amended 6-28-2022 by Ord. No. 2942]
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 or when there has been a change in ownership of such building or any portion thereof until the owner or landlord thereof shall have applied for and secured a certificate of continuing occupancy subject to the requirements of § 105-3 herein. 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, that there are no imminent hazards and that the premises in question are in compliance with applicable building, health, safety and fire codes, regulations, ordinances and statutes of the City of Garfield and the State of New Jersey.
Prior to the rental, sale or lease of any commercial or industrial property or the sale of a residential building or the sale of any individual unit in a multiple-family dwelling involving a new occupancy or change of use, the enforcement officer shall issue a certificate of continuing occupancy in accordance with the standards set forth in § 105-2 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, as set forth in § 105-3 above, 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 § 105-2 of this chapter have been satisfied, and in the case of 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 § 105-2 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.
In the event that, upon inspection of the enforcement
officer, a violation exists which reveals that the property is being
utilized in violation of local ordinances regarding occupancy limitation
or number of separate dwelling units, the following shall be required
in order to satisfy the enforcement officer that said condition has
been abated:
A.
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.
B.
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 City of Garfield and that they will be subject to
fines and other penalties consistent with law in the event of said
future violation.
[Amended 6-28-2022 by Ord. No. 2942; 5-9-2023 by Ord. No. 2991]
The following fees shall be applicable for the
inspection and issuance of a certificate of continuing occupancy:
|
Type of Unit
|
Fee
| |
|---|---|---|
|
For one-family homes and individual condominiums,
cooperative units and apartment units
|
$50
| |
|
For two-family dwellings
|
$100
| |
|
For multiple-family dwellings for the first
two units
|
$100
| |
|
For each additional unit
|
$25
| |
|
For commercial or industrial property
| ||
|
Less than 3,000 square feet of gross floor area
|
$150
| |
|
Between 3,000 and 10,000 square feet of gross
floor area
|
$500
| |
|
More than 10,000 square feet of gross floor
area
|
$500, plus $30 for each 1,000 square feet
| |
|
Issuance of duplicate copies for lost or misplaced certificates
|
$5
| |
[Amended 4-25-2006 by Ord. No. 2457]
Any person violating any of the provisions of
this chapter shall be punishable, upon conviction thereof, by one
or more of the following: a fine not exceeding $2,000; imprisonment
for a term not exceeding 90 days; and/or a period of community service
not exceeding 90 days.
