1313.103 INSPECTION PRIOR TO ISSUANCE.

   Upon application for an occupancy permit, the Building Commissioner shall forthwith cause to be made an inspection of the premises which is the subject of such application. Such inspection shall be made for the purpose of determining compliance or noncompliance with the provisions of the Housing Code, the Building Code and the Zoning Code of the City, and any other ordinances and regulations of the City applicable to the construction, alteration, maintenance, use or operation of dwelling structures, dwellings or dwelling units. The applicant shall cooperate with the Commissioner and his inspectors in arranging for entry into such premises for the purpose of making such inspection, and failure to cooperate shall be grounds for refusal of an occupancy permit. No new occupancy or change in occupancy shall take place prior to the issuance of such occupancy permit.

(Ord. 1973-24. Passed 3-19-73.)

1313.104 ISSUANCE

   (a)   If, upon inspection of premises, the Building Commissioner determines that it complies with all codes, ordinances and regulations set forth herein, he shall issue the occupancy permit.

   (b)    If, upon inspection of such premises, the Commissioner determines that there is a violation or violations of the Housing Code, the Building Code or Zoning Code of the City, or other ordinances or regulations of the City applicable to the construction, alteration, maintenance, use or operation of dwelling structures, dwellings or dwelling units or appurtenances thereto, he shall refuse to issue an occupancy permit until such time as the violation or violations are corrected.

   (c)    All occupancy permits shall be issued in the name of prospective occupant.

   (d)    Any occupancy permit shall become void under any of the following circumstances:

      (1)    If any false statement has been made by the applicant for a permit issued.

      (2)    For noncompliance of a structure or its use with the requirements of the Housing Code or other applicable codes, ordinances or regulations.

      (3)    For refusal of failure of the occupant, operator, lessor or owner of the premises which is the subject of such permit to comply with the provisions of this Code or a written order of the Building Commissioner issued pursuant to such provisions.

      (4)    A change in the occupancy, tenancy or use of a dwelling structure, dwelling or dwelling unit or part thereof covered by the occupancy permit.

         (Ord. 1973-24. Passed 3-19-73.)

1313.105 APPLICABILITY.

   Any person having a pecuniary interest in the conveyance, lease, rental or other change in the ownership or occupancy of a dwelling structure, dwelling or dwelling unit, including,  but not limited to, an occupant, operator, owner, seller, purchaser, lessor or lessee, and further including but not limited to, real estate brokers, lending institutions and title companies, who participate in a transaction in which an occupancy permit is required and is not obtained, shall be subject to the criminal sanctions hereinafter provided.

(Ord. 1973-24. Passed 3-19-73.)

1313.106 FEES.

   An application for an occupancy permit shall be accompanied by a fee as established by City Council for each dwelling structure, dwelling or dwelling unit, commercial building, structure or tenant space covered by the application.

(Ord.  2020-72.  Passed 5-18-20.)

1313.107 PREMISES DEFINED.

   "Premises" as defined for the purpose of this chapter, means a lot, parcel or plot of land, including the buildings, structures, driveways and sidewalks thereon, but not a motel or hotel. (Ord. 1973-24. Passed 3-19-73.)

1313.108 EXPIRATION OF PERMIT.

   Any occupancy permit shall expire on any change in occupancy; if the change is within ninety days of the last change in occupancy, the Building Commissioner may waive reinspection and/or the required permit fee. (Ord. 1973-24. Passed 3-19-73.)

1313.109 APPEAL

   Any applicant, upon refusal of the Building Commissioner to issue an occupancy permit, may appeal such decision to the Planning and Zoning Commission by serving upon its Clerk a notice of appeal in writing within fifteen (15) days of the Building Commissioner’s refusal.

(Ord.  1999-195.  Passed 8-7-00.)

1313.110 LIABILITY OF CITY.

   The City, by the issuance of an occupancy permit, in no way guarantees or insures the holder thereof or the subsequent occupant of the premises, or any other interested party, that there is not a violation and/or violations of the Housing Code, the Building Code or Zoning Code of the City, or other ordinances or regulations of the City, applicable to the construction, alteration, maintenance or operation of dwelling structures, dwellings or dwelling units or appurtenances thereto.

(Ord. 1973-24. Passed 3-19-73.)