A. It shall be unlawful for any person to hereinafter occupy any dwelling or dwelling unit, or for any owner or agent of any dwelling or dwelling unit to permit the occupancy of any dwelling or dwelling unit, or addition thereto, or part thereof, by any person for any purpose until an occupancy permit has been issued by the Deputy Director granting the right for that person to occupy that dwelling or dwelling unit. The occupancy permit shall be issued only when the occupancy of the dwelling or dwelling unit by that person complies with all the provisions of this chapter.
B. The Deputy Director may issue a conditional occupancy permit under circumstances where a buyer has made an affidavit stating that he will correct deficiencies within a specified time. Such buyer may then occupy the dwelling while repairs are being made. At such time as the dwelling complies with all the provisions of this chapter, an occupancy permit will be issued as provided in subsection A of this section.
C. 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.
D.
1. The minimum fee for said occupancy permit shall be fifty-five dollars ($55.00) for all permits. An additional fee of thirty five dollars ($35.00) shall be charged in connection with any occupancy permit if the owner, lessor, seller, or their agent fails to be present at the appointed time scheduled for an inspection unless written notice of the cancellation of a scheduled inspection is delivered to the Office of the Deputy Director at least twenty four (24) hours in advance of the scheduled inspection. An additional fee of thirty five dollars ($35.00) shall be charged in connection with each and every subsequent inspection in connection with any occupancy permit if an inspection of the residential dwelling unit indicates that the residential dwelling unit has failed to meet the minimum Building and Housing Codes or standards of the City of Alton so as to permit the issuance of an occupancy permit. Said occupancy permit must be applied for and all fees 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 at which time of issuance no additional fee shall be charged, but any occupant must furnish such additional information as is required by the City of Alton pursuant to City Code or regulations. If any changes are made to an existing occupancy permit including adding or removing occupants, there shall be a ten dollar ($10.00) charge for each modification.
2. In the event the Deputy Director, or his or her agent, shall determine that an advanced inspection of the dwelling or the dwelling unit is required, as provided in section 9-2-9 of this chapter, an additional fee of seventy dollars ($70.00) shall be required to defray the cost of the inspection and administrative expenses incurred by the city.
E. 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.
F. In the event a person desires to continue to receive a utility service, such as natural gas, 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 deputy director 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.
In the event a property owner desires to restore a utility service, such as natural gas, water, electricity, etc., to a dwelling or a dwelling unit where no utilities are currently being provided, then upon application and without fee, the deputy director 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, then 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.
G. No occupancy permit shall be issued by the deputy director until such time as all refuse service fees, sewer service fees, fines or levies issued against the property in question are paid in full. The comptroller shall be responsible for checking with all appropriate departments to determine if such refuse fees, sewer service fees, fines or levies have been paid. The comptroller shall certify this information to the deputy director as requested.
H. No person or company shall provide natural gas, water, or electricity as a utility service to a dwelling or dwelling unit until and unless such person or company providing a utility service has verified that the city of Alton has issued a valid occupancy permit, a conditional occupancy permit, a retention of utility services permit, or a restoration of utility services permit as provided by this chapter. The person or company providing a utility service shall not permit the transfer of a utility service provided to a dwelling or dwelling unit from one utility service customer to another without requiring proof of a new occupancy permit, a conditional occupancy permit, a retention of utility services permit, or a restoration of utility services permit except as provided in subsection C of this section. (Ord. 4267, 1-11-1978; amd. Ord. 4356, 10-11-1978; Ord. 5810, 9-8-1993; Ord. 7161, 10-28-2009, eff. 11-1-2009; Ord. 7184, 3-10-2010; Ord. 7564, 4-26-2017; Ord. 7767, 8-13-2020)