[Adopted 3-16-1976 by Ord. No. 2175 (§§ 13-103
to 13-109 of the 1978 Revised General Ordinances)]
[Amended 4-18-1978 by Ord. No. 2305]
As used in this article, the following terms shall have the
meanings indicated:
Any building or part thereof rented for purposes of residential
occupancy.
A.
No owner, managing agent, rental agent, superintendent or any other person (hereafter collectively referred to as "landlord") shall permit occupancy of any dwelling unit in a multiple dwelling by any tenant who was not the tenant thereof on March 18, 1976, unless such landlord first shall have obtained a new certificate of occupancy for such dwelling unit for each such new tenant as provided in § 325-39 hereof.
B.
Any certificate of occupancy issued pursuant to this article shall
specify the name of the tenant or tenants for whose occupancy the
certificate is issued.
A.
No certificate of occupancy shall be issued for a dwelling unit unless
such dwelling unit has been found to be in satisfactory condition
as hereinafter provided nor until the names of the new tenants thereof
have been provided to the Chief Inspector.
B.
A landlord may request a certificate of occupancy for a dwelling
unit by delivering a written notice of such request to the Chief Inspector.
C.
If, within a six-month period preceding the date on which the new
tenants shall take possession, the Chief Inspector had caused an inspection
of the dwelling unit to be conducted and if the most recent such inspection
revealed that the condition of the dwelling unit did not violate any
applicable provisions of the ordinances or codes of the City of Englewood,
or any applicable provision of the statutes of the State of New Jersey,
or any applicable regulation promulgated thereunder, the Chief Inspector
shall promptly issue a certificate of occupancy therefor upon receipt
of the names of the new tenants thereof.
D.
If the dwelling unit was not inspected within the six-month period
specified above or if the most recent inspection revealed a violation,
the Chief Inspector shall inspect or cause to be inspected such dwelling
unit as soon as reasonably possible following receipt of such notice.
If such inspection discloses that the condition of the dwelling unit
does not violate any such ordinance, code, statute or regulation then
upon receipt of the name of the new tenant thereof (within not more
than six months after the conducting of the inspection) the Chief
Inspector shall promptly issue a certificate of occupancy therefor.
E.
If the request for a certificate of occupancy is received by the
Chief Inspector at least 24 days before the date specified therein
as the date on which a new tenant is to take occupancy of the dwelling
unit, and if such inspection is not made at least three days before
the said specified date on which such new tenant is to take occupancy
then, upon furnishing to the Chief Inspector the names of the tenants
who are to take occupancy on such specified date, the landlord shall
have a right to receive promptly a certificate of occupancy therefor.
F.
If the inspection discloses that there is such a violation, the Chief Inspector shall promptly give to the landlord a written notice specifying the nature of such violation, and, except as provided in § 325-41 hereof, no certificate of occupancy shall be issued until all such violations have been corrected.
If the inspection discloses that the condition of the dwelling
unit does violate an ordinance, code, statute or regulation as provided
above and if the landlord disputes such finding, a hearing respecting
same, which may be informal, shall be held before the Chief Inspector
not more than seven days thereafter at which time the landlord shall
have the opportunity to submit any evidence on his behalf, and at
the conclusion of the hearing the Chief Inspector shall either affirm
the finding previously made, or modify or reverse the same.
In the event that the Chief Inspector determines that the condition
of the dwelling unit does violate an ordinance, code, statute or regulation
as provided above, but that occupancy thereof for a short period of
time will not endanger life, safety or health, and if the landlord
agrees to correct such violation within a period of time to be prescribed
by the Chief Inspector, which shall not be in excess of 60 days, then
the Chief Inspector may issue a temporary certificate of occupancy
permitting occupancy of the dwelling unit for such period of time;
provided, however, that before issuing such temporary certificate
of occupancy, the Chief Inspector shall first estimate the maximum
reasonable cost of curing said violation and shall cause the landlord
to deposit with the City of Englewood a sum equal to 1 1/2 times
said estimated cost, the same to be held by the City to ensure the
performance of the required corrective work. If the landlord does
cure said violation within the prescribed time period, such deposit
shall be returned to him; otherwise, the Chief Inspector shall be
authorized to cause the corrective work to be done and to apply the
deposit to cover the cost thereof, after which any portion of said
deposit which shall not have been used for said purpose shall be returned
to the landlord.
The actions to be taken hereunder by the Chief Inspector may
be taken either by the Chief Inspector or any person delegated or
appointed by him to do so.
Any person who violates any provision of this article shall
be fined not more than $500 or imprisoned for not more than 90 days,
or both. Each day on which a violation occurs or continues shall be
deemed a separate offense.
