Newark City Zoning Code
Chapter
41:18 Administration, Enforcement and Violations
§ 41:18-1 Administration.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:18-1-1 Enforcement of Title.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The provision of this Title shall be enforced by the Office of Inspections and Enforcement in the Department of Engineering.
§ 41:18-1-2 Construction Code Official.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Certificate of Occupancy, Issuance by Construction Code Official, Fees.
a.
Certificate of Occupancy. It shall be unlawful to use or permit the use of any building or premises, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly in its use or structure until a Certificate of Occupancy to the effect that the building or premises, or part thereof so created, erected, changed, converted, or enlarged and the proposed use thereof conform to the provisions of this Title, shall have been issued by the Construction Code Official. In the case of such buildings or premises, it shall be the duty of the Construction Code Official to issue a Certificate of Occupancy within 30 days after application for approval has been filed in his/her office by any owner of a building or premises, or the part thereof so created, erected, changed, converted or enlarged and if the proposed use thereof conforms with all the requirements herein set forth.
b.
A temporary Certificate of Occupancy under Subsection 1a hereof for a part of a building may be issued by the Construction Code Official. Upon application from the owner, the Construction Code Official shall issue a Certificate of Occupancy for any building or premises existing at the time of passage of this zoning ordinance (1-17-79) certifying, after inspection, the use of the building or premises and whether such use conforms to the provisions of this Title.
c.
It shall be unlawful to use or permit the use of any building or premises or part thereof, for which a Certificate of Occupancy has been issued and the use of which is changed at any time, unless the owner, tenant or other occupant of the building or premises shall notify the Construction Code Official in writing at least 10 days prior to such change in use, specifying in such notice the prior use and the proposed use after such change. Upon receiving such notice, the Construction Code Official shall cause an inspection of the premises to be made and if he/she finds that the proposed new use does not conform to the provisions of this Title or does not comply with all State Laws and City ordinances and regulations governing and concerning the location, construction, utilities, their repair and maintenance, of the building and such premises, he/she shall revoke the Certificate of Occupancy upon 10 days' notice in writing to the owner, tenant or other occupant of the premises.
d.
Every Certificate of Occupancy heretofore or hereafter issued shall expire at the end of every calendar year, beginning with the year 1971, unless it is renewed prior to the expiration of such calendar year by application to the Construction Code Official on forms prescribed by him/her. It shall be unlawful to use or permit the use of any building or premises, or part thereof, unless a currently valid Certificate of Occupancy for the premises is in effect. This section, however, shall not apply to premises used and continued to be used as a dwelling for three families or less.
e.
It shall be unlawful to use or permit the use of any building or premises, or part thereof, presently in existence and for which a Certificate of Occupancy has not previously been issued, unless a Certificate of Occupancy is obtained within 60 days after the effective date of this Chapter, in accordance with the provisions of Section 1a of this section.
f.
It shall be unlawful to use or permit the use of any building or premises; or part thereof for which a Certificate of Occupancy is received under this section other than a one-family dwelling, unless such certificate is displayed in some prominent place in such building or premises.
2.
Issuance by Construction Code Official.
a.
It shall be unlawful to use or for the owner to permit to be used for dwelling purposes any building or part of a building designed or constructed for commercial or industrial, or other than dwelling purposes, or to convert any such premises for dwelling use unless and until a Certificate of Occupancy for dwelling use has been issued by the Construction Code Official.
b.
It shall be unlawful to use or for the owner to permit to be used for commercial and industrial purposes any building or part of a building designed or constructed for dwelling purposes, or other than commercial and industrial purposes, or to convert any such premises for commercial and industrial use unless and until a Certificate of Occupancy for commercial and industrial use has been issued by the Construction Code Official.
3.
Fees.
a.
A Certificate of Occupancy shall not be issued unless and until the owner has complied with all State and Federal laws and City ordinances and regulations, governing and concerning the location, construction, utilities, facilities, their repair and maintenance, of the building and such premises for which application has been made nor shall it issue after the creation, erection, change, conversion or enlargement, wholly or partly, of any building or structure unless and until the plans for such creation, erection, change, conversion or enlargement shall have been approved (i) by the Fire Division as conforming to applicable laws, ordinances and regulations within its jurisdiction, and (ii) by every other municipal agency having jurisdiction thereof as conforming to applicable laws, ordinances and regulations within such agency's jurisdiction. The Construction Code Official shall have the power and authority to promulgate rules and regulations specifying the procedure and forms of determining the necessity for and manner of obtaining all approvals required under this section.
b.
Applications, accompanied by the required fee shall be paid by the owner to the Construction Code Official, on forms provided therefor. The fee shall become the property of the City as cost of processing application. The determination as to approval or disapproval shall be made within 30 days, but no occupancy permit shall become effective before 30 days from date of application.
c.
No permit for change from commercial and industrial use to a dwelling use or from a dwelling use to a commercial and industrial use shall become effective until at least 30 days after the date of the application.
d.
Upon approval, an Occupancy Permit or renewal shall issue upon payment of the required fee. If the application is rejected, written notice is to be given to the applicant.
e.
Every application for a Certificate of Occupancy submitted to the City shall be accompanied by certification that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of the application. The certification shall be made by the City's Tax Collector on a form provided by the City. If it is found that taxes or assessments are due or delinquent on the property, a Certificate of Occupancy shall not be issued until such payment is received by the City or adequate provision for the payment thereof is made in such a manner that the City will be adequately protected.
§ 41:18-2 Certificate of Code Compliance.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:18-2-1 Certificate of Code Compliance.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Any person who intends to sell, transfer or convey, by deed or otherwise, any residence, dwelling, apartment house or structure intended for human habitation must make application to and receive from the Director, Department of Engineering, of the City of Newark, New Jersey or his/her designee, a certification that such residence conforms to the housing and zoning ordinances of the City of Newark. The granting of any certification of code compliance shall not free an owner, seller or buyer of property of their obligation to comply with any other ordinance or statute applicable to the property, and in particular, shall not free the owner of the obligation of complying with the Uniform Construction Code. The seller or seller's realtor, attorney or broker shall be permitted to procure the Certification of Code Compliance once available for distribution.
§ 41:18-2-2 Fees for Certificate of Code Compliance.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Fees for inspections for a Certificate of Code Compliance shall be as follows:
Type | Fee |
|---|---|
1 to 2 unit dwelling | $400 |
3 to 10 unit dwelling | $500 |
11 to 20 unit dwelling | $1,000 |
21 to 40 unit dwelling | $2,000 |
41 to 100 unit dwelling | $5,000 |
Over 100 unit dwelling | $10,000 |
Minimum plus $25 for each unit over 100 units. | |
§ 41:18-2-3 Violation.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
It shall be a violation of this Chapter to transfer, convey or sell the title to property, subject to this ordinance prior to the issuance of a Certificate of Code Compliance. It shall also be a violation if, upon an inspection it shall be determined that any violation of the housing and/or zoning regulations exists. A Certificate of Code Compliance shall not be issued when there are existing violations but instead a list of violations shall be issued to the seller within 15 days after the inspection has been completed. A copy of the inspection shall be made available to the seller's realtor and/or broker upon request. If the seller fails to abate the violations listed by the Inspector, no Certificate of Code Compliance shall be issued. Any violation described by the Inspector shall be abated within 20 days of the receipt of the list of violations.
§ 41:18-2-4 Exclusions.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
This Chapter shall not apply to the initial sale of newly constructed structures. This Chapter shall not apply to judicial sales or the sale of property owned by the United States, the State of New Jersey or the City of Newark nor shall it apply to the sale, transfer or conveyance of residential structures between husband and wife, parent and child and siblings or to the transfer of residential property by an executor/administrator of an estate or to any other transfer of residential premises for a consideration of less than $100.
If the premises are sold, transferred or conveyed within six months from the date of the issuance of the Certificate of Code Compliance, no further inspection shall be required. If sold, transferred or conveyed after six months from the date of issuance, a further inspection shall be required and a new Certificate of Code Compliance shall be issued as set forth herein.
§ 41:18-2-5 Appeals.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
A notice of any violation of the Housing and Zoning Regulations of the Department of Engineering may be appealed by the seller to the Director by sending a notice of appeal to the Director at his/her office, which shall be received within 10 days of the date of the notice of violation. The Director shall set the matter down for a hearing before him/her or his/her designee. The determination of the Director or his/her designee shall be final.
§ 41:18-2-6 Regulations.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Director of the Department of Engineering is authorized and empowered to issue such regulations as he/she may deem reasonably necessary to carry out the purpose of this Chapter. Such regulations shall be in writing and shall be given to the seller at the time that he or she files their application and shall be on file with the City Clerk of the City of Newark.
§ 41:18-2-7 Extensions for Compliance.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The seller or buyer of any residence who requests an extension to comply with the requirements of this Chapter shall be granted such an extension, if the estimated repairs to the property exceed $5,000 or otherwise appear because of inclement weather or other conditions to be so expensive or difficult to complete that they cannot be finished within the time allowed by the Director of the Department of Engineering. In regard to a request for an extension, the Director shall consider a certified statement of costs from the contractor in charge of the repairs. If an extension has been granted, the Director of the Department of Engineering may permit the structure to be sold with a Conditional Certificate of Compliance if it appears that the seller or buyer will abate the violations within the time described in the notice of extension. Where such a sale is allowed the Conditional Certificate permitting the sale shall state the conditions that are to be remedied as well as the time for compliance. The final Certificate of Compliance shall be issued only after the conditions in the Conditional Certificate have been met.
§ 41:18-2-8 Penalty.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Failure of any seller to abate a violation of these Housing and Zoning Regulations or a violation of this Chapter concerning sales, transfers and/or conveyances of residential property without a Certificate of Code Compliance, shall be punishable by a fine not exceeding $2,000 but not less than $500 or by imprisonment for a term not exceeding 90 days, or both.
§ 41:18-2-9 Effective Date.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
This Chapter upon final passage and publication in accordance with the law shall be deemed effective retroactively as of January 5, 1990 in regard to residential structures that are listed for sale after January 5, 1990 by a realtor licensed in the State of New Jersey. This Chapter shall not affect the sale of property listed for sale by a realtor, or agreed to be sold by a seller or buyer as evidenced by a contract prior to January 5, 1990.
§ 41:18-3 Violations.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:18-3-1 Penalties.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Unless otherwise provided herein or by law, any person who violates any provision of this Title XLI shall upon conviction thereof, be punished by one or more of the following penalties: (1) a fine not exceeding $1,000; (2) imprisonment for any term not exceeding 90 days; or (3) a period of community service not exceeding 90 days, provided however, that when the maximum penalty fixed by an applicable State Statute is less, by force of said State Statute or by judicial construction, than any penalty fixed in these Revised General Ordinances, then the limitation of such State Statute shall be applicable.
2.
For any and every violation of any other provision of this Title, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who commits, takes part, or assists in such violation shall exist, shall, for each and every violation, be punished by one or more of the following penalties: (1) a fine not exceeding $1,000; (2) imprisonment for any term not exceeding 90 days; or (3) a period of community service not exceeding 90 days, provided, however, that when the maximum penalty fixed by an applicable State Statute is less, by force of said State Statute or by judicial construction, than any penalty fixed in the Revised General Ordinances, then the limitations of such State Statute shall be applicable.
3.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
4.
Any building or part thereof which has been constructed in violation of this Title and for which a subsequent application and request for a variance has been denied, shall be demolished at the expense of the owner, general agent or contractor of the premises.