§ 151.12 CERTIFICATE OF OCCUPANCY.
   A certificate of occupancy shall be required for the completion of any construction project which requires a building permit under this chapter. It shall be unlawful to occupy any building or structure, which requires a building permit, without a permanent or temporary certificate of occupancy issued by the Department of Development.
   (A)   Enforcement. The Director of Development, or his or her designee, shall be responsible for the enforcement of this section.
   (B)   Issuance. A permanent certificate of occupancy shall be issued by the Department of Development upon passing a final inspection certifying the project meets or exceeds the provisions of building code and this chapter.
   (C)   Temporary certificate of occupancy. If the project has not been fully completed, but has satisfied all life safety provisions of the building code and this chapter the applicant may request a temporary certificate of occupancy at the time of final inspection,
      (1)   All requests for a temporary certificate of occupancy must be made in writing to the Department of Development no later than two days prior to a scheduled final inspection. The request must identify which items on the project are not completed.
      (2)   Surety. All applicants requesting a temporary certificate of occupancy must provide a contractor's quote for the completion of all work as well as a financial surety in the amount of 120% of the contractor's quote. The financial surety is fully refundable at the time of issuance of a permanent certificate of occupancy.
      (3)   Fee. All requests for a temporary certificate of occupancy must pay an administrative fee of $500 prior to the final inspection. This administrative fee is non-refundable regardless if the inspection passes or fails.
      (4)   Duration. A temporary certificate of occupancy is valid for a period of up to six months from the date of issuance.
      (5)   Remedy. If, at the time of expiration of the temporary certificate of occupancy, the required work has not been satisfactorily completed, the town may utilize the provided surety to complete the work. The town may utilize it's own forces, or hire a third party to compete the necessary work to bring the permit into compliance with building code and/or the Bargersville Zoning Ordinance and Development Standards.
      (6)   Authority. Requests for a temporary certificate of occupancy shall be at the discretion of the Director of Development or his or her designee.
      (7)   Erosion control. In the event that a temporary certificate of occupancy is requested for incomplete yard work, all erosion control, as specified on the approved SWPPP for the property must be in place and maintained.
   (D)   Seasonal temporary certificate of occupancy. The Department of Development is authorized to establish a seasonal timeframe for issuance of a seasonal temporary certificate of occupancy. A seasonal temporary certificate of occupancy must be requested with the final inspection. Applicable administrative and surety fees shall not be applied to a seasonal temporary certificate of occupancy.
      (1)   Applicability. Seasonal temporary certificate of occupancy requests shall only be valid for incomplete yard work (finish grading, seeding, sod, and landscaping).
      (2)   Authority. The Director of Development or his or her designee, after considering historic and projected weather conditions and any other conditions deemed relevant by the Director of Development or his or her designee, shall determine a start date and end date of the seasonal temporary certificate of occupancy.
      (3)   Duration. The start date, and end date will be determined individually based upon the discretion of the Director of Development.
      (4)   Erosion control. In the event that a seasonal temporary certificate of occupancy is requested, all erosion control, as specified on the approved SWPPP for the property must be in place and maintained.
(Ord. 1989-5, passed 5-9-1989; Ord. 1999-6, passed 5-11-1999; Ord. 2017-21, passed 10-31-2017; Ord. 2022-11, passed 6-28-2022) Penalty, see § 151.99