[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 3-15-2023 by Ord. No. B-546.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 83, Certificates of Occupancy, Apartment, adopted 5-4-1977 by Ord. No. C-78, as amended.
Property owners and nonresidential tenants so identified herein are required to obtain a certificate of occupancy (CO) or certificate of continued occupancy (CCO) as follows:
A. 
A CO shall be required for all new construction.
B. 
A CO shall be required for rehabilitation of any existing structure that alters the use, bulk, number of dwelling units or number of bedrooms, or where the scope of work requires the building or a portion thereof to be vacated.
C. 
A CO shall be required for the structure and each dwelling unit in any building involved in a change of ownership type, including, but not limited to, conversion from a single-owner building to condominium ownership.
D. 
A CO shall be required for each nonresidential tenancy when a commercial space is rehabilitated, renovated, built out, or otherwise altered or modified in any way that required the issuance of a building permit or subcode permit.
E. 
A CCO shall be required for each nonresidential tenancy where no building or subcode permits are required for fit-out.
F. 
A CCO shall be required for change of owner/operator of an ongoing business operation.
A CO or CCO is not required for the resale or transfer of ownership of a preexisting building, condominium unit, or tenant unit, except as required in § 83-1 above.
Applicants for a certificate of occupancy or certificate of continued occupancy shall submit the following information and documents as required by the Building Department and the City of Hoboken.
A. 
A completed application form as provided by the Building Department and made available on the City's website.
B. 
Copies of all issued building subcode inspection stickers, as applicable.
C. 
A certificate of zoning or written waiver from the Zoning Officer that no zoning certification is required.
D. 
A copy of the final development fee calculation completed by the Tax Assessor of the City of Hoboken for all nonexempt construction and/or rehabilitation projects pursuant to Chapter 65B of the Municipal Code of the City of Hoboken. This is not applicable for certificates of continued occupancy.
E. 
Copies of all required approvals by other state, county or local government agencies having jurisdiction.
F. 
Application, inspection, permit closure and development fees as directed by the Building Department. Separate checks or payments may be required for certain fees or portions thereof.
A. 
Zoning Officer certification. The fee for final inspection of new construction or rehabilitation shall be as set forth in Chapter 196 of the Municipal Code of the City of Hoboken. The fee for certification of use for a CCO shall be $100.
B. 
Building Department fees shall be determined by the Department pursuant to Chapter 86 of the Municipal Code of the City of Hoboken.
C. 
Development fees, when applicable, shall be calculated by the Tax Assessor in accordance with Chapter 65B of the Municipal Code of the City of Hoboken.
A. 
A certificate of occupancy or certificate of continued occupancy shall be issued within 10 days after receipt of a complete application and all required documents, provided the Zoning Officer, Building Inspector and Construction Official have determined that all requirements of all applicable building and housing codes and ordinances in effect are complied with.
B. 
The Construction Official, at his/her discretion, may issue a temporary certificate of occupancy (TCO) in certain circumstances, upon consent from the Zoning Officer. A TCO shall expire 90 days from the issue date. The TCO may be extended one time for an additional 90 days after which the TCO shall be revoked, and the premises vacated.
A certificate of occupancy or certificate of continued occupancy may be revoked, and an order to vacate the premises may be issued, under the following circumstances:
A. 
The premises are being used for an illegal purpose.
B. 
The premises are being used for a purpose that is inconsistent with the use designated on the CO or CCO.
C. 
Expiration of a temporary CO or CCO.
D. 
The premises are found to be unsafe for human habitation.
Any person who shall violate or fail to comply with any provisions of this chapter shall be subject to a fine of not less than $200 nor greater than $1,000 for each day the violation shall continue or imprisonment for a period not to exceed 90 days, or both, at the discretion of the Judge of the Hoboken Municipal Court.