[Adopted 1-21-1981 by Ord. No. 1420]
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WHEREAS, pursuant to Chapter 476, P.L. 1979,_ of the Laws of the State
of New Jersey, the governing body may adopt an ordinance regulating the maintenance
and conditions of any unit or dwelling space, upon the termination of occupancy,
in any residential rental property for the purpose of safety, healthfulness
and upkeep of the structure and the adherence to such other standards of maintenance
and condition as are required in the interest of public safety, health and
welfare; and
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WHEREAS, the Town of West New York is desirous of adopting such ordinance.
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Be it ordained by the Board of Commissioners of the Town of West New
York, County of Hudson, State of New Jersey, as follows:
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Every landlord as hereinafter defined, including landlords of limited-dividend
housing properties, with more than two apartment dwelling units per structure,
as such terms are hereinafter defined, shall obtain and file an apartment
certificate of occupancy before any apartment unit in said structure is leased
to a new tenant not already in possession at the effective date of this article.
Applications for an apartment certificate of occupancy shall be on a
form furnished and supplied by the Division of Housing Inspection of the Town
of West New York.
Every application for an apartment certificate of occupancy shall:
A.
State the name and former address of the person renting
said apartment unit and the names of all the other occupants who will reside
in that apartment unit for a period in excess of 30 days in any calendar year,
and should any persons under 18 years of age be included in the apartment
unit, their names and ages should be stated on the application.
B.
Identify the dwelling unit to be rented by providing
the mailing address of said unit as it will be listed on the mailbox or post
office address of the tenant and as posted in the hallway and building directory
of the structure.
C.
State that the apartment building or structure conforms to all the requirements of Chapter 414, Zoning, Building and Housing Codes[1] of the Town of West New York, as well as any specific written
agreements between the Town of West New York and the landlord, the urban renewal
plan, if applicable, and all other ordinances and codes of the Town of West
New York in force at the time of the application for the certificate of occupancy.
D.
State that there are no violations in existence in the
dwelling unit to be rented.
E.
State that the proposed occupancy by this tenant conforms to the standards set forth in Chapter 414, Zoning, and the Building and Housing Codes of the Town of West New York and all other ordinances and codes of the Town of West New York in force at the time of the application for the certificate of occupancy.
Such certificate shall be issued within five days after receipt of such
application, but only provided that a representative of the Division of Housing
Inspection has determined that all requirements of all applicable Building
and Housing Codes and ordinances in effect are complied with.
A.
Pending the issuance of such a certificate, a temporary
apartment certificate of occupancy may be issued by the Department of Housing
Inspection for a period not to exceed 90 days so that the landlord may remove
any minor violations of the Building and Housing Codes of the Town of West
New York. If the minor violations are not removed within said ninety-day period
or repairs or alterations completed so as to be in compliance with the applicable
requirements of the Town of West New York, the temporary certificate of occupancy
may, in the discretion of the Division of Housing Inspection, be:
(1)
Revoked, in which event the dwelling unit shall be vacated
within 30 days from receipt of such notice of revocation, and it shall be
the landlord's responsibility to take all steps necessary in good faith
to accomplish this requirement;
(2)
Extended for such reasonable period as shall afford the
occupant or owners an opportunity to complete good faith efforts to remove
the violation; or
(3)
Such other action as shall serve the public welfare of
the Town of West New York.
B.
A temporary certificate of occupancy may be issued for
an apartment or dwelling by the Division of Housing Inspection if there are
minor violations, as defined in this article, provided that such temporary
certificate may be revoked at the expiration of 90 days from the date of its
issuance if the minor violations noted in the certificate are not fixed, repaired
or removed within that time period to the satisfaction of the Inspector.
[Amended 11-23-1994 by Ord. No. 118/94]
Request for inspection to the Division of Housing Inspection shall be
accompanied by an application fee of $50, and if no violations are found in
the apartment dwelling unit, the Department shall issue a certificate of occupancy.
A.
Requests for the issuance of a temporary apartment certificate
of occupancy shall be accompanied by a fee of $50 per apartment dwelling unit.
B.
A certificate of occupancy or temporary certificate of
occupancy shall stipulate the maximum number of occupants permitted in each
apartment dwelling unit.
There will be no need for an inspection of an apartment dwelling unit
if the entire building in which the unit is located or the dwelling unit has
been inspected within 12 months prior to the date of the application.
Any person who shall violate or fail to comply with any provisions of
this Article shall be subject to a fine not to exceed $50 or to imprisonment
for a period not to exceed 90 days, or both, at the discretion of the Judge
at the court before whom such person shall be found guilty.
Any person aggrieved by denial of a certificate of occupancy may appeal
in writing to the Director of the Department of Public Affairs. The Director
of the Department of Public Affairs shall hear their appeal, render a decision
thereof and file a decision with the Town Clerk not later than five days following
the submission of the appeal, unless such period of time has been extended
with the consent of the applicant. If such decision may affirm, reverse or
modify the decision of the Division of Housing Inspection or amend the matter
for further action, a copy of the decision shall be forwarded by ordinary
mail to the applicant. Failure to hear an appeal and render and file a decision
thereon within the time limit prescribed in this section shall be deemed the
denial of the appeal for the purposes of a complaint application or appeal
being made to a court of competent jurisdiction. A record of all decisions
made by the Director or by the Commissioner of the Department of Public Affairs
shall be properly indexed and subject to public inspection during business
hours. The Commissioner of the Department of Public Affairs shall provide
rules for the appellate procedure set forth herein and for the operation of
the within article, in toto, as he deems fit.
As used in this article, the following terms shall have the meanings
indicated:
Any self-contained residential unit containing at least a stove or
oven and bathroom and sleeping accommodations for one or more persons.
Includes every person who lets occupancy for remuneration and shall
include sublessors.
Any substantial compliance with the plumbing, electrical, fire safety
and construction codes of the Town of West New York which, in the opinion
of the inspector, will have no significant impact on the health, safety or
welfare of the occupants of the dwelling or unit being inspected and is capable
of being corrected within 90 days after the inspection without causing removal
or disturbance to the tenants in occupancy.
Does not include owner-occupied two-family dwellings.
