A. Applicability Of Section: Every dwelling and every dwelling unit within the corporate limits of Alton shall conform to the requirements of this section, irrespective of the zoning classification of such building and irrespective of when such building may have been constructed, altered or repaired, except as hereinafter provided.
B. Transfer Of Ownership/Occupancy:
1. Except as otherwise provided herein, it shall be unlawful for the owner of any dwelling or dwelling unit to sell, lease, rent, or otherwise transfer possession thereof to another until he has first secured an occupancy permit, authorizing such occupancy by the buyer, lessee, renter, or transferee, as the case may be, and has delivered the said permit to such purchaser, transferee or lessee.
2. If there are violations of this chapter which must be abated before an occupancy permit is issued, it shall be the responsibility of the owner, seller, lessor or transferor to abate such violations; provided however, that if the owner, seller, lessor or transferor first provides a true and correct copy of all such violation notices to the purchaser, transferee or lessee and thereafter obtains the purchaser's, transferee's or lessee's written undertaking to abate such violations, upon filing a copy of the said written undertaking, signed by the party to be so bound, with the zoning administrator, the obligation to abate such violations shall then be the responsibility of the said purchaser, transferee or lessee, who shall be bound thereby without further notice.
3. This section shall not apply to transfers of real estate wherein the transferee notifies the zoning administrator, in writing, of his/her intent to demolish any buildings located thereon within ninety (90) days of the transfer of such real estate and does so demolish the buildings within the said period of time. The zoning administrator may, for good cause shown, extend the said period of time for one additional period of ninety (90) days.
C. Occupancy Permit Required:
1. It shall be unlawful for any person, firm or corporation to hereinafter occupy, or for any owner or agent thereof to permit the occupancy of any dwelling, dwelling unit, or addition thereto, or part thereof, except an owner occupied dwelling or dwelling unit, for any purpose until an occupancy permit has been issued by the zoning administrator. The occupancy permit shall be issued when the occupancy complies with all the provisions of this section.
2. This section shall not apply to any occupancy in existence at the time of the adoption of this chapter, nor shall a family be considered in violation of this section by reason of births or deaths within a family or by reason of the return of a family member.
3. The occupancy permit must be applied and paid for by the owner, lessor, or seller; said occupancy permit will not be issued until such time as there is an actual change of occupancy, but occupant must furnish such additional information as is required by the issuing authority.
4. It shall be unlawful for any person to knowingly make any false statement in his application for an occupancy permit including the names, ages, relationships, or number of occupants who will occupy the premises.
5. In the event a person desires to continue to receive a utility service, such as water, electricity, etc., to a dwelling or a dwelling unit during a period of time that the dwelling or dwelling unit actually has no occupants, then upon application and without fee, the zoning administrator may issue a retention of utility services permit. A retention of utility services permit shall be valid only so long as the dwelling or dwelling unit has no occupants.
6. In the event a property owner desires to restore a utility service, such as water, electricity, etc., to a dwelling or a dwelling unit where no utilities are currently being provided, then upon application and without fee, the zoning administrator may issue a restoration of utility services permit. Said permit shall be valid for a period of time not to exceed sixty (60) days. If upon the conclusion of the sixty (60) days the property owner has not obtained the necessary permits leading to the legal occupancy of said dwelling or dwelling unit, or the property owner is using said dwelling or dwelling unit contrary to the provisions of this code, the city shall have the right to order the person(s) providing utility service(s) to discontinue utilities to the dwelling or dwelling unit in question.
7. No occupancy permit shall be issued by the zoning administrator until such time as all sewer service fines, fees or levies issued against the property in question are paid in full. The zoning administrator shall be responsible for checking with all appropriate departments to determine if such sewer service fees, fines or levies have been paid.
D. Utilities:
1. It shall be unlawful for any person that provides a utility service, such as water, electricity, etc., to provide its service to any building, or addition thereto, or part thereof, that is to be used as a dwelling or dwelling unit until an occupancy permit or retention of utility services permit has been issued by the zoning administrator concerning the dwelling or dwelling unit to be served by said utility and until said occupancy permit or retention of utility services permit is presented to said utility service. The owner of a dwelling can, however, contact the appropriate electric company to have the utilities changed over to his or her name in the event that the tenants move out without sufficient notice. In the event that the utilities are placed back in the owner's name, the owner has seven (7) days to obtain a retention of services permit from the office of the zoning administrator.
2. If no attempt has been made by the property owner to get a retention of services permit at the end of the seven (7) consecutive days, then the utility company shall discontinue their services. This section shall not apply to any occupancy in existence at the time of adoption of this chapter.
E. Change Of Use: Any change in use of any building or premises shall be approved by the zoning administrator prior to issuance of an occupancy permit. The purpose of this approval is to ensure that adequate parking is provided on site, that the new use is permitted in the zoning district, and that there are no violations of this zoning ordinance. (Ord. 6734, 6-11-2003)