It shall be unlawful to use or permit the use of any building, structure or premises, or part thereof, hereafter created, erected, changed, converted, altered or enlarged, wholly or partly, in its use or structure, until a certificate permitting the occupancy thereof shall have been applied for and issued therefor by the Construction Official of said Borough of Westville. Such certificate shall show that such building, structure or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter or a determination of the Land Use Board.

Upon written request from the applicant, the Construction Official of said Borough of Westville shall issue a certificate of occupancy for any building or premises existing at the time of the passage of this chapter, certifying after inspection the extent and kind of use made of the building or premises, and whether such use conforms to the provisions of this chapter.

It shall be unlawful to change the use or permit a change in occupancy of a commercial or industrial structure until a certificate permitting the occupancy of that building shall have been applied for and issued therefor by the Construction Official of the Borough of Westville. Such certificate shall show that such building, structure or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter or a determination of the Land Use Board and in conformity with the governing laws, regulations and ordinances.

All buildings or structures used, occupied or offered for occupancy as dwelling units or as apartments on a lease or rental basis shall be inspected by the Construction Official or his representative on every initial occupancy or change in ownership after the effective date of this section.

No owner, agent, broker or person shall sell to any person or persons to occupy or live in, as an owner, tenant or otherwise, any dwelling unit or apartment unless a certificate of occupancy certifying that the dwelling unit or apartment is fit for human habitation and that the dwelling unit or apartment is in compliance with all other ordinances of the Borough of Westville shall have first been obtained from the Construction Official or his representative.

Approval or disapproval for occupancy shall be based on applicable Borough ordinances and laws of the State of New Jersey and shall include but not be limited to such conditions as those included in this chapter and in Article 19, Maintenance, of the Regulations for the Construction and Maintenance of Hotel and Multiple Dwellings, as promulgated by the State of New Jersey, Department of Community Affairs, adopted July 19, 1968, and amendments thereto.

The owner of the subject property shall be responsible to make written application for inspection. The Construction Official or his representative, within five working days of the receipt of such application, shall make such inspection and, upon determining that this chapter and all applicable laws which the Borough is empowered to enforce have been complied with, shall issue a certificate of occupancy permitting occupancy of the inspected dwelling unit. Such certificate of occupancy shall indicate that compliance has been met.

If upon inspection by the Construction Official or his representative the dwelling unit is found not to be in compliance, the owner shall thereupon be notified in writing within 72 hours of such noncompliance with such written notification specifically setting out those violation(s) requiring correction.

Upon correction of the violation(s), the owner shall notify the Construction Official, in writing, who shall, within five days, reinspect the required correction(s). This procedure shall be followed until all violations have been corrected, at which time a certificate of occupancy shall be issued.

The owner making application shall be charged a fee of $75 for the initial inspection and issuance of the certificate of occupancy for each dwelling or rental unit inspected and a fee of $25 for each reinspection required.

The penalty for failure to obtain a certificate of occupancy as provided herein shall be a fine of not more than $200 or imprisonment for not more than 30 days, or both.[2]

Any owner or agent and any person or corporation who shall violate any of the provisions of this chapter or who shall fail to comply herewith or with any of the requirements hereof or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises shall be liable to the penalties in Chapter 1, Article I, § 1-15, General Penalty. Each and every day such violation continues shall be deemed a separate and distinct offense.

The owner of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, building contractor, agent, person or corporation employed in connection therewith and who assists in the commission of such violation shall each be guilty of a separate offense and, upon conviction thereof, shall each be liable to the penalties as specified in Subsection A.