Wood Ridge City Zoning Code
ARTICLE XV
Certificate of Compliance
[Added 6-20-1990 by Ord. No. 90-5]
§ 530-104 Purpose.
The purpose of this article is to provide, through the certification process, an orderly and convenient method of inspection of buildings to determine compliance with this chapter and to assist the Tax Assessor in updating property record cards.
§ 530-105 Certificate required.
A.
No person, persons or organization of persons shall sell or transfer title to any structure, portion of a structure or unit in a structure, or re-let or lease any structure, portion of a structure or unit in a structure until such person, persons or organization of persons shall have first obtained a certificate of land use compliance, certifying:
(1)
That the property may be continued to be used as before.
(2)
The number and designation of the unit(s) covered by the certificate.
(3)
That the structure, part of a structure or unit in the structure is in compliance with the provisions of this chapter.
B.
No person, persons or organization of persons shall purchase, accept title and then occupy or permit the occupancy of any portion of a structure or unit without receiving from the transferor or from the Borough the certificate of land use compliance described above.
§ 530-106 Exceptions.
A certificate of land use compliance is not required for transfers of new construction, provided that the original certificate of occupancy was issued within 18 months of the transfer of the property.
§ 530-107 Effect on existing tenancies.
In the event that there is a tenant under an existing lease at the time of a transfer of title, such tenant shall be permitted to continue his or her occupancy; however, the transfer of title shall not be permitted until the certificate of land use compliance has been obtained. The tenant shall cooperate with the landlord in connection with any necessary alterations required to obtain the certificate.
§ 530-108 Inspection of premises prior to issuance.
Before a certificate of land use compliance shall be issued, the Zoning Officer or his designee shall make an inspection of the premises to determine if the structure, part of a structure or unit complies with this chapter. The certificate will only be issued if the property so complies. The Tax Assessor or his designee may accompany the inspecting personnel for the purpose of obtaining information for tax assessment purposes.
§ 530-109 Application for certificate of land use compliance; fee. [1]
Applications for a certificate of land use compliance shall be submitted to the Zoning Officer of the Borough of Wood-Ridge, and the certificate will either be issued or rejected within 10 business days of the receipt of the application. The fee for a certificate of land use compliance shall be $25 for transfer of one- and two-family dwellings, $50 for three- and four-family dwellings, and $100 for five or more residential dwellings, business, commercial or industrial units or buildings and shall be payable upon submission of an application therefor. The fee for a certificate of land use compliance for the re-letting of a residential apartment or commercial or professional rental unit shall be $25, payable upon submission of an application therefor.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
§ 530-110 Period of validity.
A certificate of land use compliance shall be valid for a period of 180 days after issuance but shall only be valid for one transfer of the subject property.
§ 530-111 Violations and penalties.
A.
A reasonable attempt shall be made to give a violator an opportunity to obtain a certificate before a conviction is sought for such violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B.
Any person, persons or organization of persons convicted of a violation of the provisions of this article shall, upon conviction thereof, be punishable as set forth in Chapter 1, General Provisions, Article II, of the Code.
[Amended 2-26-2007 by Ord. No. 2007-1[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C.
It shall not be a defense to a proceeding hereunder that any person charged hereunder acted in the belief that some other person, persons or organization of persons was to obtain the certificate, it being the expressed intention of the Mayor and Council that all persons responsible for the certificate shall be equally liable for a violation of the provisions hereof.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
D.
Each day the violation continues after the first conviction thereof shall constitute a new and separate offense.
