A. Certificate Required:
1. A certificate of occupancy shall be obtained before:
a. Any vacant land is hereafter occupied or used except for agricultural purposes other than intensive livestock or poultry farming.
b. Any building hereafter erected or structurally altered is occupied or used.
c. The use of any such building is altered.
2. A certificate of occupancy shall not be required for anyone who has occupied their home (meaning that this exception only applies to personal residences) prior to January 1, 2001.
3. It shall be the duty of the person who applied for a building permit on any said building to request all necessary inspections so that a certificate of occupancy may be issued.
B. Application; Issuance: Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made to the building official as part of the application for construction or alteration of such building. The certificate shall be issued within ten (10) days after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this title.
C. Temporary Certificate: Pending the issuance of such a certificate, the building official may issue a temporary certificate of occupancy for a period of not exceeding six (6) months during the completion of the erection or alteration of such building. The temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter except under such restrictions and provisions as will adequately ensure the safety of the occupants.
1. Site Improvement Agreement And Financial Guarantee: Following the approval of a building permit and before the issuance of a temporary certificate, the applicant, as may be applicable, shall guarantee to the City the completion of all remaining uncompleted exterior amenities as required by this title and shown on the approved building permit plans. This guarantee shall be made by means of a site improvement agreement and a financial guarantee as provided below:
a. The applicant shall execute the site improvement agreement on forms provided by the City. The agreement shall be approved as to form and content by the City Attorney and shall define the required remaining work and reflect the terms required to guarantee the performance of the work by the applicant. The Zoning Administrator shall administer the execution of agreements administratively.
b. The required work includes, but is not limited to, private exterior amenities such as landscaping, ground cover, screening, fences, retaining walls, private driveways or other surfacing, parking areas, curbs, sidewalks, grading, drainage systems, water quality ponds, utilities, erosion control, and other similar facilities.
c. A financial guarantee shall be submitted with the executed site improvement agreement as provided herein:
(1) The financial guarantee submitted to the City shall be in the form of a cash escrow or other security as deemed acceptable by the City.
(2) The amount of the financial guarantee shall be established by the Zoning Administrator based upon an itemized estimate of the cost of all required work or shall meet the minimum amounts established in the City’s adopted fee schedule. The financial guarantee shall be in the amount of one hundred percent (100%) of the approved estimated cost. The applicant shall be responsible to pay any cash fees to cover administration of the agreement as established in the City’s adopted fee schedule.
d. The time allowed for the completion of the required improvements shall be set out in the site improvement agreement and shall not exceed one year to complete the work. Any agreements established in the fall of a given year due to the non-growing season shall complete all improvements by June 1 of the following year. If the improvements are not completed by the time set out in the site improvement agreement or by June 1 of the following year for non-growing season agreements, the financial guarantee may be forfeited. The City may then abate the violation and assess the cost to the property with the addition of any administrative fees. The City may grant up to a sixty (60) day extension after a written request of the landowner.
e. The applicant shall notify the City in writing when all or a portion of the required improvements have been completed in accordance with the approved plan and may be inspected. Upon receipt of such notice, the Zoning Administrator shall be responsible for the inspection of the improvements to determine if the performance of the work is acceptable based on the standards outlined in this title and based on the improvements outlined in the approved building permit plans. Any required work failing to meet such standards shall not be deemed to be complete and the applicant shall be notified in writing as to required corrections. Upon determination that the work has been completed, the City shall arrange for the financial guarantee to be released by the City Council.
D. Use Or Change Of Vacant Land: Written application for a certificate of occupancy for the use of vacant land or for a change in the character of the open use of the land as provided in this title shall be made before any such land shall be so occupied or used. Such a certificate of occupancy shall be issued within five (5) days after the application therefor has been made if the use is in conformity with the provisions of this title.
E. Statement Of Compliance: Every certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this title.
F. Record: A record of all certificates of occupancy shall be kept on file in the office of the building official.
G. Permits Not Requiring A Certificate Of Occupancy: For grading permits, demolition permits, and other permit types that do not necessitate a Certificate of Occupancy, the City may require a site improvement agreement and financial guarantee to be put in place prior to issuance of such a permit. Said site improvement agreement and financial guarantee shall be governed under the terms set forth under subsection C.1 of this section. (Ord. 2018-001, 1-2-2018; amd. Ord. 2019-001, 3-19-2019; Ord. 2021-020, 12-21-2021)