[HISTORY, Adopted by the Mayor and Council of the Borough of Wanaque: Art. I, 12-27-1972 as Ord. No. 20-71-72; Art. II, 7-17-1989 as Ord. No. 14-0-89. Amendments noted where applicable.]
GENERAL REFERENCES
Dwellings unfit for human habitation — See Ch. 71.
Fire prevention — See Ch. 73.
Zoning — See Ch. 114.
Sanitation standards — See Ch. 133, Art. IX.
[Adopted 12-27-1972 as Ord. No. 20-71-72]
The Departments of Building Inspection, Electrical Inspection and Fire Prevention Bureau of the Borough of Wanaque, in the County of Passaic, is hereby authorized to conduct inspections of residential dwellings, upon the request of the property owner, and to certify the result thereof by the issuance of a certificate of compliance.
The certifications issued shall list any violations of the Building Code, Housing Code, Zoning Ordinance, the Electrical Code, the Fire Code and Plumbing Code,[1] and shall in prominent type contain the statement that "THE BOROUGH OF WANAQUE DOES NOT GUARANTEE THE PURCHASER, MORTGAGEE OR MORTGAGOR THAT THE PREMISES INSPECTED ARE FREE FROM LATENT OR PATENT DEFECTS: NOR IS THE BOROUGH OF WANAQUE LIABLE FOR DAMAGES OR INJURY CAUSED TO ANY PERSON AS A RESULT OF ANY VIOLATION NOT RECORDED HEREIN NOR IS THE BOROUGH OF WANAQUE LIABLE FOR ANY DAMAGES, CLAIM OR INJURIES TO PROPERTY WHICH IS THE SUBJECT OF THIS INSPECTION." For purposes of this section, "property" shall include any and all structures and realty on which said structures are located.
[1]
Editor's Note: See Ch. 64, Building Specifications; Ch. 71, Dwellings Unfit for Human Habitation; Ch. 114, Zoning; Ch. 73, Fire Prevention; and Ch. 128, Plumbing.
All requests for certification shall be in writing to the department from which a certification is needed, and shall be accompanied by the fee set forth in § 75-5 below.
Each certification shall be issued by the respective department or agency in charge of the subject of such inspection within three weeks of receipt of the written request.
The fee for inspections and notices, orders or statements issued shall be $15 per certification. This fee shall include one reinspection within 90 days from the original request for inspection. Additional reinspections after this period, if requested within one year from the date of the original request shall be at the rate of $10 per certification. A request for reinspection after one year from the date of the original request shall be considered to be a new request.
[Adopted 7-17-1989 as Ord. No. 14-0-89]
For purposes of this article, the following definitions shall apply:
IMPERMISSIBLE UNIT
A residential rental unit which is:
A. 
A residential rental unit, for which no certificate of occupancy has been issued;
B. 
A residential rental unit which is in excess of the number of such units for a particular building or zone according to the Zoning Code; or
C. 
A residential rental unit which was created without the required authorization of the Board of Adjustment, Planning Board or Board of Health or without the required Plumbing, Electrical, Fire or Building Department permits.
OWNER
The holder or holders of the title to the premises in fee simple or having charge, care or control of the premises, as an owner or agent of the owner, or as executor, administrator, trustee, receiver or guardian of the estate or as mortgagee in possession, regardless of how such possession was obtained. "Owner" includes all natural persons, partnerships, joint ventures, corporation and corporate shareholders owning or controlling in excess of 5% of the voting stock of said corporation, all as shown on the official tax records of the Borough of Wanaque, or as disclosed by diligent inquiry into the ownership of real estate where the apartment or rental unit is located.
RELOCATION EXPENSES
Includes the actual and reasonable expenses incurred in moving persons, furnishings and other personal property; actual and reasonable loss of tangible personal property occasioned by such relocation; and the actual and reasonable expenses of searching and requiring a replacement apartment.
RESIDENTIAL RENTAL UNIT
A building or portion thereof, rented or offered for rent for dwelling purposes to one or more tenants or family units.
No person or owner shall rent or suffer to be occupied an impermissible unit in a building which such person owns or otherwise controls.
A. 
Upon a tenant or occupier being required to vacate an impermissible rental unit, the landlord of said tenant shall pay to said tenant:
(1) 
All reasonable moving and relocation expenses incurred by said tenant, including a real estate broker's commission incurred in the procuring of a new rental unit in an amount not to exceed the sum of $1,000.
(2) 
Any security deposit.
(3) 
Any pro rata rent which may be due to the tenant because of the tenant being required to vacate the unit prior to the expiration of the tenancy.
B. 
Every real estate property owner shall make such payments and reimbursements to the tenant or occupier within 30 days of notification of the tenant's moving expenses.
The provisions of this article shall be enforced by all members of the Wanaque Borough Police Department, the Zoning Officer or Construction Code Official of the Borough of Wanaque and/or the Health Officer of the Borough of Wanaque.