[HISTORY: Adopted by the Board of Commissioners of the City
of Bordentown 10-8-1973 by Ord. No. 1973-7. Section 124-4 amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
Other amendments noted where applicable.]
A.
Prior to any change in ownership or occupancy of any house, dwelling,
apartment unit, boardinghouse unit, rooming house unit or premises,
whether by transfer of title, change of renting or leasing tenants
or otherwise, which is used, partially used or intended to be used
for human occupancy, a certificate of approval shall first have been
obtained from the Building Official of the City of Bordentown stating
that the building or the specified portion thereof, or particular
unit therein or premises comply with the requirements of this chapter
and all other ordinances of the City of Bordentown regulating and
governing matters of health, sanitation, maintenance and use of any
structure for human occupancy.
B.
Such certificate of approval shall be requested, processed and issued
in accordance with the following:
(1)
Application shall be made in writing by the owner or the owner's
agent or representative to the Building Official of the City of Bordentown
prior to a change in ownership or occupancy, requesting an inspection
by said Building Official, or his or the City of Bordentown's
designated representative or agency, specifying the premises to be
inspected, the location thereof, the name(s) of the present owner(s)
and tenant(s) and lessee(s) and the name(s) of the prospective purchaser(s)
or tenant(s) and lessee(s), the required inspection fee shall be tendered
and paid to the City Clerk with the application.
(2)
The requested inspection shall be made and an inspection report containing
all existing violations as may be found of all City of Bordentown
ordinances regulating and governing matters of health, sanitation,
maintenance and use of any structure for human occupancy shall be
set forth as separate items by the inspecting official in a written
report which shall be submitted to the person applying for the inspection.
(3)
All of said violations shall be corrected prior to any change of ownership or occupancy or, in the alternative, may be assumed by the prospective purchaser on the condition that such violations be corrected within 30 days from the date of said report or within any extension of said thirty-day period granted by the Building Official or his representative, except that no extension in excess of 60 days shall be granted and except further that the violations set forth in Subsection B(4) below must be corrected prior to a change in ownership or occupancy.
(4)
All violations which, in the judgment of the inspecting official,
pose a positive, clear and serious present or potential threat to
the health, safety or welfare of any present or potential occupant
shall be so designated upon the inspection report, and such violations
must be corrected prior to any change in ownership or occupancy.
(5)
A single reinspection may be requested without additional fee by
the person making the original application within 30 days of the date
of the inspection report, and a reinspection shall be made within
30 days of the date of the inspection report, or as soon thereafter
as the inspecting official can schedule such reinspection in instances
where the prospective purchaser has assumed responsibility for correction
of violations, but any additional or later reinspection shall only
be made upon payment of the required inspection fee.
(6)
Upon an inspection report being rendered without any violation being
disclosed, or upon any disclosed violation being remedied and corrected
prior to reinspection, the Building Official shall issue to the applicant
a certificate of approval for the subject premises so qualifying which
shall be valid until the next occurring change in ownership or occupancy
or any subsequent inspection by the Building Official or his representative
as shall disclose ordinance violations, whichever occurs first.
The City of Bordentown shall not, by the performance of inspections
and reinspections required hereby, become or be considered to be a
guarantor to any owner, purchaser, tenant or other person as to the
condition of any building, unit or premises inspected or a participant
in any contractual relationship between any persons or parties as
to the same.
Any person who shall be the owner, purchaser, tenant, lessee,
agent of owner, rental agent or real estate agent, broker, firm, company,
partnership or corporation as shall transfer, sell, buy, occupy, rent,
lease or otherwise change the ownership or occupancy of any structure
regulated or encompassed by this chapter without complying with the
requirements concerning the obtaining of a certificate of approval
shall be subject to the penalties imposed for the violation of this
chapter.
