CROSS REFERENCE. For special processing of applications for licenses or permits involving any land, building or use and occupancy thereof, see Section 2:4-4.2 of these Revised General Ordinances.

The provision of this Title shall be enforced by the Construction Code Official. (R.O. 1966 C.S. § 27:6-1)

a. 1. 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 thirty (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.

2. A temporary Certificate of Occupancy under subparagraph a., 1. 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.

3. 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 ten (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 ten (10) days notice in writing to the owner, tenant or other occupant of the premises.

4. 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 (3) families or less.

5. 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 sixty (60) days after the effective date of this chapter, in accordance with the provisions of paragraph a, 1 of this section.

6. 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.

b. 1. 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.

2. 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.

c. 1. A Certificate of Occupancy shall not issue 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 Department 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.

2. 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.

3. The determination as to approval or disapproval shall be made within thirty (30) days, but no occupancy permit shall become effective before thirty (30) days from date of application.

4. 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 thirty (30) days after the date of the application.

5. Upon approval, an Occupancy Permit or renewal shall issue upon payment of the required fee.

6. If the application is rejected, written notice is to be given to the applicant.

7. 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.

(R.O. 1966 C.S. § 27:6-2; Ord. 6 S+FO, 12-01-88 § 27:6-2c(7))