When used in this chapter, the following definitions apply:
ACCESSORY STRUCTURE
A building or structure that is on the same lot as, subordinate to,
under the same ownership or control as and used for the purpose customarily
incident to the use of the main or primary building or structure.
DWELLING UNIT
A structure or portion of a structure that is used for human habitation
and other residential purposes, including any accessory structure.
NONRESIDENTIAL UNIT
A structure or portion of a structure that is used for nonresidential
purposes.
OWNER
Any person who, alone or jointly or severally with others, shall
have legal or equitable title to any premises, with or without accompanying
actual possession thereof, or shall have charge, care or control of any premises
as owner or agent of the owner or as fiduciary, including but not limited
to executor, executrix, administrator, administratrix, trustee, receiver or
guardian of an estate, or as a mortgagee in possession, regardless
of how such possession was obtained. Any person who is a lessee subletting
or reassigning any part or all of any premises shall be deemed to be a co-owner
with the lessor and shall have joint responsibility over the portion of the
premises sublet or assigned by said lessee.
PERSON
Includes individuals, corporations, companies, firms, associations,
societies, partnerships, groups of persons or any combinations thereof.
PREMISES
A lot, plot or parcel of land, including buildings or structures
thereon.
STRUCTURE
Anything that is built or constructed and permanently affixed on
or under the ground or upon another structure or building, including accessory
structures.
No owner shall sell, rent or lease any dwelling unit to any person intending
to use the dwelling unit for residential purposes, or allow any person to
inhabit any dwelling unit, or sell, rent, lease or allow the occupancy of
a nonresidential unit, unless the owner has obtained from the Construction
Official a certificate of continued occupancy.
If the application for a certificate states that the dwelling unit is
not intended for residential occupancy or human habitation, the Construction
Official may waive the requirement for a certificate of continued occupancy.
The waiver shall state that the dwelling unit shall not be used for human
habitation or residential occupancy until a certificate of continued occupancy
is obtained pursuant to this chapter.
If a dwelling unit or nonresidential unit is not occupied within six
months of the issuance of a certificate of continued occupancy, the certificate
will expire, and a new certificate must be obtained before occupancy.
This chapter shall not apply to hotels, rooming houses or motels that are generally occupied by tenants or guests for less than 30 successive days, dwelling units regulated by the Department of Community Affairs, dwelling units not intended for human habitation or new construction, for which inspection and a certificate of occupancy is required by the Uniform Construction Code and §
209-30 of this Code.
Any person convicted of a violation of this chapter shall be subject
to a fine of not more than $1,000, and/or a prison term not exceeding 90 days.