[HISTORY: Adopted by the Mayor and Council
of the Borough of Atlantic Highlands as indicated in article histories.
Amendments noted where applicable.]
[Adopted 8-9-1977 by Ord. No. 704]
[Amended 5-22-1990 by Ord. No. 967-90]
A.
No owner of property, agent of an owner, real estate
agent or broker, firm, company, partnership, corporation or person
or persons shall sell, rent or lease or suffer to allow any person
or persons to live in or occupy as an owner, tenant or otherwise any
dwelling, unit or apartment unless a certificate of occupancy, certifying
that said dwelling, unit or apartment is fit for human habitation
and that said dwelling, unit or apartment is in compliance with all
other ordinances of the Borough of Atlantic Highlands, shall first
be obtained from the Construction Official of the Borough of Atlantic
Highlands. Such certificate of occupancy shall be granted or denied
within 10 days from the date of the application for the same.
B.
Certificate required for commercial buildings. No
owner of property or agent shall sell, rent, or allow any person or
business to occupy, any building or part thereof for any nonresidential
use unless a certificate of occupancy, certifying that said building
or part thereof is in compliance with all ordinances of the Borough
of Atlantic Highlands, shall first be obtained from the Construction
Official of the Borough of Atlantic Highlands. Such certificate of
occupancy shall be granted or denied within 10 business days from
the date of application for the same. In addition to the regular application
fee, the owner of the property shall pay all charges of the municipal
engineer if the Construction Official determines that an inspection
by the municipal engineer is required.
[Amended 5-22-1990 by Ord. No. 967-90]
A.
The Construction Official shall cause to be prepared
appropriate application forms for such certificate of occupancy, which
forms shall be available at the office of the Municipal Clerk.
B.
The Construction Official shall also cause to be prepared
appropriate forms of such certificate of occupancy.
In addition to requirements that an application
for a certificate of occupancy establish that the dwelling, unit or
apartment meet the standards as noted herein, it shall also be a requirement
that each dwelling shall be provided with a minimum of one approved,
listed and labeled smoke detector, sensing visible or invisible particles
of combustion, installed in a manner and location consistent with
its listing. When actuated, the detector shall provide an alarm suitable
to warn the occupants within the dwelling.
[Added 12-13-1977 by Ord. No. 715]
The Construction Official shall have the power to cause to be prepared appropriate application forms for the issuance of temporary certificates of occupancy. Said temporary certificates of occupancy shall be issued for the purpose of allowing an owner, agent of an owner, etc., of property to sell, rent and/or lease said property based upon the Construction Official's issuing a temporary certificate of occupancy. However, in no event shall any owner, agent of an owner, etc., be allowed to live in or occupy any dwelling, unit or apartment unless or until a permanent certificate of occupancy as per § 128-1 above is obtained.
Any person, firm or corporation who shall violate any of the provisions of this article, or who shall violate an order of the Construction Official after duly made and promulgated pursuant to this article, or who interferes with the Construction Official or any other person authorized to exercise the powers of the Construction Official, shall, upon conviction in the Municipal Court, be subject to a penalty as provided in Chapter 1, Article II, General Penalty; and such action in and penalties imposed by the Municipal Court may be in addition to any other action or proceedings in this article. Each day that a violation is permitted to exist shall constitute a separate offense.
[Adopted 2-20-1991 by Ord. No. 988-91]
As used in this article, the following terms
shall have the meanings indicated:
The Borough of Atlantic Highlands, County of Monmouth, State
of New Jersey.
Any number of individuals related by blood, marriage or adoption,
and their domestic employees, living together as a single housekeeping
unit and sharing rooms and other housekeeping facilities in common.
A building containing one or more rooms used, rented or hired
out on a transient basis to be occupied for sleeping purposes only,
and not containing individual eating and cooking facilities.
The person designated by the Borough of Atlantic Highlands
to inspect and issue certificates of occupancy.
A building containing one or more rooms with individual entrances,
used, rented or hired out on a transient basis to be occupied for
sleeping purposes only and not containing individual eating and cooking
facilities.
No person, firm, partnership, association, corporation
or the like shall rent, lease or suffer or allow any person or persons
except members of the family, to live in or occupy, as a tenant, any
room, dwelling, apartment, house trailer, mobile home or the like,
except if the same is part of a motel or hotel and provided that unless
a certificate of occupancy is obtained from the Inspector after an
inspection thereof certifying that said room, dwelling, apartment,
house trailer, mobile home or the like is fit for human habitation
and is in compliance with all applicable federal and state laws and
ordinances of the Borough.[1]
Applications for certificates of occupancy shall
be made in writing to the Inspector and shall state:
A.
The name, address and principal place of business
of the owner.
B.
Such description of the room, dwelling, apartment
or the like, by street number or otherwise, as will enable the Inspector
easily to locate the same.
C.
The name and address of the principal place of business
of the agent, person, association or corporation, if any, appointed
by said owner for the management of the same.
The owner shall, not more than 30 days prior
nor less than 10 days after a tenant removes from and vacates a room,
dwelling, apartment or the like, file with the office of the Inspector
a statement containing the address of the premises and the number
or other specific description of the place vacated.
No such vacated room, dwelling, apartment or
the like shall be rented or occupied in whole or in part by any new
tenant until an inspection has been made by the Inspector to determine
whether such room, dwelling, apartment or the like is in violation
of any applicable federal or state law or ordinance of the said Borough.
If no such violation exists, the Inspector shall issue a certificate
of occupancy; otherwise, he shall notify the owner in writing setting
forth the specific violations existing.
An inspection pursuant to § 128-7 shall be made, and either a certificate of occupancy or a notice of violation shall be issued, as aforesaid within five business days from the date of application. If said inspection is not accomplished in said five-day period, the room, dwelling, apartment or the like may be occupied by the new tenant but subject to the right of the Borough to cause said room, dwelling, apartment or the like to be inspected and, if a violation is found, to cause said premises to be vacated within 10 days from the date of notice thereof.
A certificate of occupancy issued pursuant to
this article shall be posted in a conspicuous place in the said room,
dwelling, apartment or the like upon the issuance thereof.[1]
Any person, firm, partnership, association, corporation or the like who shall violate any provision of this article shall be subject to a fine of not less than $100 nor more than such penalty as provided in Chapter 1, Article II, General Penalty. Each day shall be considered a separate violation.[2]
