Beachwood City Zoning Code
§ 17-12.3A
Certificate of Continued Occupancy.
[Ord. #2006-04, §§ 1—6]
a.
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
CERTIFICATE OF CONTINUED OCCUPANCY
Shall mean the certificate issued by the Borough of Beachwood Zoning/Code Enforcement Office serves notice that based on a general inspection of the visible parts of the dwelling or dwelling unit, there are no unsafe conditions found and the dwelling is approved for continued occupancy.
DWELLING UNIT, APARTMENT, LIVING UNIT OR OTHER SIMILAR DESIGNATION
Shall mean any room or group of rooms located within a dwelling or building and forming a single habitable unit, for one (1) or more persons, for the purpose of living, sleeping, cooking and sanitation needs.
HOUSING INSPECTOR
Shall mean a Borough assigned officer designated by the Borough Zoning/Code Enforcement Officer from said department.
OCCUPANT
Shall mean any individual living or sleeping in a building or having possession of a space within a building.
OWNER
Shall mean any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the State, County or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
b.
Certificate of Continued Occupancy required.
1.
No owner of any dwelling or dwelling unit shall sell said unit unless said individual shall first obtain a Certificate of Continued Occupancy from the Zoning/Code Enforcement Office of the Borough of Beachwood. In the event of a sale without the assurance of a Certificate of Continued Occupancy, both the owner or seller and the purchaser shall be deemed to have violated this subsection.
2.
An owner shall make application for a Certificate of Continued Occupancy in a reasonable time prior to closing of title of any residential premises. A Certificate of Continued Occupancy shall be valid for a period of sixty (60) days after the date of issuance of the Certificate after which the Certificate will expire.
c.
Adoption of property maintenance standards by reference.
1.
Prior to the issuance of a Certificate of Continued Occupancy, the Housing Inspector shall conduct an inspection of the dwelling unit, residential premises or any other building. The inspection shall be in accordance with the provisions of the International Property Maintenance Code of 2000 or such amendments and additional additions as may from time to time be adopted by the International Code Council and is hereby adopted. Chapter 1, Administration, shall be deleted in its entirety. This Code establishes the minimum regulation governing the condition and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and habitation or use.
2.
A copy of the International Property Maintenance Code of 2000 or such amendments and additional additions as may from time to time be adopted by the International Code Council is placed on file in the Office of the Borough of Beachwood Zoning/Code Enforcement Officer and will remain on file there for the use and examination of the public.
d.
Interpretations.
1.
Whenever there are practical difficulties involved in carrying out the provisions of this subsection or Code, the Zoning/Code Enforcement Officer or his representative shall have the authority to grant modifications for individual cases, provided the Zoning/Code Enforcement Officer or designee shall first find that the special individual reason makes the strict letter of this subsection or Code impractical and the modifications are in compliance with the intent and purpose of the subsection or Code and that such modifications do not lessen the health and safety requirements. The detailed action granting modification shall be recorded and entered into the department files.
2.
Neither the Zoning/Code Enforcement Officer nor his or her designee shall be deemed to be granted any authority under this subsection to act in any manner inconsistent with the requirements, restrictions or obligations of the Uniform Construction Code, Chapter 23 of the New Jersey Administrative Code.
e.
Fee for Certificate of Continued Occupancy.
1.
The fee for Certificate of Continued Occupancy for all dwelling units shall be fifty ($50.00) dollars.
2.
The fee for each reinspection for a Certificate of Continued Occupancy shall be twenty ($20.00) dollars.
f.
Violations and penalties. Any person who violates any one or more paragraphs of this subsection shall be subject to a fine of not more than $500.00 for each separate offense and/or confinement in the Ocean County Jail for a period of not more than ninety (90) days.
