[HISTORY: Adopted by the Mayor and Council of the Borough
of Penns Grove 12-20-1977 by Ord.
No. 77-12 (Ch. 106 of the 1986 Code). Amendments
noted where applicable.]
[Amended 9-3-1985 by Ord.
No. 85-12; 6-17-1986 by Ord. No. 86-5]
As used in this chapter, the following terms shall have the
meanings indicated:
A room or group of rooms which forms a single unit to be
occupied by one or more persons for living, sleeping, cooking and
eating. For the purposes of this chapter, a dwelling unit is not a
building or structure to which the provisions of regulations for the
New Jersey Uniform Construction Code and the State Uniform Construction
Code Act, N.J.S.A. 52:27D-119 et seq., concerning the issuance of
certificates of occupancy are applicable.
A dwelling unit shall be considered occupied when a tenant
moves furniture or other belongings into the dwelling unit in anticipation
of residing therein.
Any person occupying a unit which is not also occupied by
the owner(s) of record is considered a tenant.
[Added 5-6-2014 by Ord.
No. 2014-4]
[Amended 3-20-1990 by Ord. No. 90-4; 3-15-1994 by Ord. No. 94-7]
A.Â
A certificate of occupancy is not required to be obtained by a person,
persons, association, partnership or corporation or other entity or
any combination thereof who or which owns, manages, conducts or operates
a dwelling unit upon the transfer of title thereto to any other person,
persons, association, partnership, corporation or other entity or
any combination thereof.
B.Â
No person, persons, association, partnership or corporation or other
entity or any combination thereof who or which owns, manages, conducts
or operates a dwelling unit shall occupy, rent, lease, let or sublet
or permit the same to be tenant or owner occupied or re-rented without
first securing from the Housing Officer of the Borough a certificate
of occupancy for said dwelling unit.
[Amended 5-6-2014 by Ord.
No. 2014-4]
C.Â
No person, persons, association, partnership or corporation or other
entity or any combination thereof who or which owns, manages, conducts,
or operates a commercial property shall rent, lease, let, sublet,
occupy, or permit the same to be occupied or re-rented without first
securing from the Housing Officer of the Borough of Penns Grove a
certificate of occupancy for said commercial property.
[Added 10-7-2003 by Ord.
No. 2003-15; amended by Ord. No.
2004-5]
[Added 2-19-1980 by Ord.
No. 80-2; amended 10-7-2003 by Ord. No. 2003-15]
Applications to secure a certificate of occupancy shall be made
to the Housing Officer's office upon approved form, submitting
all required information. Upon making of said application, the Housing
Officer shall arrange for inspection of the dwelling structure to
determine that its condition complies with the regulations governing
zoning, building, plumbing, electrical, health and safety, fire or
fire prevention, minimal housing standards, and any rules and regulations
established pursuant thereto of this chapter. No certificate of occupancy
shall be issued to the owner of any building or structure whose real
property taxes and water and sewer charges are not current, except
when the application results from a change of ownership of the dwelling
or structure, in which case the Housing Officer may issue a conditional
certificate of occupancy, with a condition being payment of all taxes
and sewer and water charges by the settlement agent at the transfer
of title.
[Added 5-4-1982 by Ord.
No. 82-3]
Any person, group of persons, association, partnership or corporation or any combination thereof selling or otherwise transferring legal title to real property, located in whole or in part within the limits of the Borough of Penns Grove, on which is situate a dwelling unit as defined herein, shall, prior to or at the time of transfer of title, provide the purchaser or transferee with written notice of the requirement to secure a certificate of occupancy as set forth in § 213-2 hereof and file evidence of such notice to the purchaser or transferee with the Borough Housing Officer within five days of the date of said transfer of title.
[Amended 5-19-1987 by Ord. No. 87-5; 3-19-1996 by Ord. No. 96-6; 5-6-2014 by Ord. No. 2014-4]
A.Â
No certificate of occupancy shall be issued for a dwelling unit unless
the condition of the same complies with all of the ordinances of the
Borough now in existence or hereafter enacted or adopted pertaining
to building, plumbing, electrical, zoning, health, safety, fire or
fire prevention and minimum housing standards and all departmental
regulations established pursuant to said ordinances or laws.
B.Â
The owner of the inspected property shall be responsible for the
correction of violations as indicated in the written notification
by the Housing Officer or his representative to the owner. Upon correction
of the violations, the owner of the inspected property shall notify,
in writing, the Housing Officer in order that a reinspection for the
purpose of requiring correction of the earlier violations may be made.
This procedure shall be followed and repeated until all violations
have been corrected.
The Housing Officer of the Borough of Penns Grove shall be the
officer who has the duty to enforce this chapter.
[Amended 2-19-1980 by Ord. No. 80-2; 3-5-1985 by Ord. No. 85-1; 11-6-1990 by Ord. No. 90-15; 10-7-2003 by Ord. No. 2003-15; 5-6-2014 by Ord. No. 2014-4]
All applicants for the issuance of a certificate of occupancy
shall be charged $50 per dwelling unit for the initial inspection
and the first reinspection. A fee of $25 will be charged for each
additional reinspection necessary, said charges being payable to the
Borough of Penns Grove.
[Amended 6-17-1986 by Ord. No. 86-5; 5-6-2014 by Ord. No. 2014-4]
Any person, group of persons, association, partnership or corporation
or any combination thereof who or which shall violate any of the terms
of this chapter shall, upon conviction, be subject to a fine of not
less than $100 nor in excess of $2,000 or imprisonment for a term
not in excess of 90 days, or both.
All other ordinances or parts of other ordinances, to the extent
that any such ordinances or parts of any ordinances are inconsistent
with the provisions hereof, are hereby repealed to the extent of such
inconsistency. Nothing contained in this chapter shall be deemed or
construed in any manner to affect, repeal or invalidate the required
procedures for application for the issuance of a certificate of occupancy
pursuant to the provisions of the regulations for the New Jersey Uniform
Construction Code and the State Uniform Construction Code Act, N.J.S.A.
52:27D-119 et seq.
