Required. Each time there is an erection, alteration, transfer of title within the Borough; and each time there is a rental of property within the Borough, which property is used as, or proposed to be used, in whole or in part as a apartment within an apartment complex or within any other single or multifamily residential structure permitted within the R-A Zone, the owner of such property must obtain from the Construction Official a Certificate of Continued Occupancy certifying that the property may be continued to be used as it is currently being used and certifying that the use of the property is a permitted use in the R-A Zone, by virtue of either the fact that the use is a permitted use in the R-A Zone or by virtue of the fact that the use is a valid nonconforming use in the R-A Zone or a permitted use by legal variance procedure.

It shall be unlawful for an owner to use or permit the use of any premises, building or part thereof hereafter erected, altered, converted, enlarged, or rerented, wholly or in part, until a Certificate of Continued Occupancy, applied for at the time of application for a building permit, shall have been issued by the Construction Official. The Certificate shall show that the premises, building or part of the building and the proposed use thereof conform to the requirements of the Borough Land Use and/or Construction Regulations. It shall be the duty of the Construction Official to issue a Certificate of Continued Occupancy only when he is satisfied that the premises, building or part of a building and the proposed use thereof conform to the provisions of all applicable codes and ordinances of the Borough.

Fee for Certificate. The fee for a Certificate of Continued Occupancy shall be one hundred ($100.00) dollars payable to the Borough of Little Ferry.

Editor's Note: Fee restated from § 13-1.6.

Inspection of Premises. Before a Certificate of Continued Occupancy shall be issued, the Construction Official and/or his designee shall make an inspection of the premises to determine whether the Certificate may or may not be issued.

Application. Application for a Certificate of Continued Occupancy shall be submitted to the Construction Official and once the application has been received by the Construction Official, the Certificate indicating whether the proposed and/or present use may or may not be continued shall be issued within ten (10) business days of the receipt of the application.

Notice of Violation; Penalty. In the event an owner of the property in the R-A Zone fails to obtain a Certificate of Continued Occupancy; the Construction Official shall notify the property owner of the violation by sending a notice of violation at the subject premises. In the event the property owner fails to thereafter obtain a Certificate of Continued Occupancy, the property owner shall be subject to a fine of not less than two hundred fifty ($250.00) dollars nor more than one thousand ($1,000.00) dollars per day for each day of continuing violation or a confinement to not more than ninety (90) days in jail or both for each summons issued. Each day a violation continues, beyond the date fixed for compliance in the notice provided for herein, shall constitute a separate offense.

If, after inspection, it is determined that there is a violation of any health, safety, fire, construction or property maintenance statute, code, rule or regulation warranting the revocation of the Certificate of Continued Occupancy, the Construction Official shall (1) immediately revoke the Certificate of Continued Occupancy (2) notify the owner of the property of the violation (3) inform the owner of the property that he will have forty-eight (48) hours to remedy the situation. After forty-eight (48) hours a summons shall issue and be returnable in the Municipal Court within thirty (30) days from the date of the original notice to owner. Notice to owner shall be deemed sufficient if the Construction Official speaks with the owner personally, leaves a message on a voice mail or other answering device or service, or by mail. Notice by mail will be deemed received by the property owner twenty-four (24) hours after mailing. Each day the violation is not corrected after the initial forty-eight (48) hours shall be deemed a new violation for purposes of fine and penalties and no further notice to the owner is required.

If, after inspection pursuant to paragraph b of this subsection, the Construction Official determines that there is or may be a violation of any health, safety, fire, construction or property maintenance statute, code, rule or regulation that is not within his statutory responsibilities, the Construction Official shall have the obligation to notify the appropriate authority of the alleged violation in order for that authority to take the appropriate action. All such notifications to other authorities shall be brought to the attention of the Borough Administrator and the Mayor and Council.

Notice of Violation; Penalty.

Suspension of Fines and Penalties. Fines and penalties for violations under paragraph b,1 herein may be suspended by the Construction Official, at his sole discretion, if the violation has been corrected within seven (7) days of the initial notice of such violation, except in the case where the property owner in question has been previously been found guilty of any violation covered under paragraph b of this subsection for either the subject property or any other property owned in Little Ferry. In such case, there shall be no suspension of fine or penalty.