1375.04 ISSUANCE.
(a) If, upon inspection of the premises, it is determined that the same is in compliance with this Housing Code, the Building Commissioner or his assistant shall issue an occupancy permit to the purchaser or tenant. Such occupancy permit shall be picked up within sixty days after the date of inspection or re-inspection which resulted in its issuance. An occupancy permit shall be valid until change in use or occupants or any title transfers.
(b) If, upon inspection, it is determined that the premises are in substantial compliance with the Housing Code and any interior violations are completed and re-inspected, the Commissioner or his assistant may, at his discretion, issue a qualified time-limited occupancy permit to the purchaser or tenant, subject to the correction of minor violations within a specified period of time. Such qualified permit shall be issued only upon completion of an agreement signed by the owner specifying a time period for completion of such corrections, which period shall have been approved by the Commissioner or his assistant and indicating that prior to the transfer of title to the premises, the seller or purchaser or landlord or tenant has placed in escrow an amount of money at 1 ½ times, approved by the Building Commissioner or his assistant, to cover the cost of required corrections. Funds shall be released from escrow in the manner set forth in Section 1375.06. Failure to complete the corrections within the agreed time period shall void such qualified permit. No qualified permit shall be issued where corrections required as a result of a prior change of occupancy have not been completed.
(c) Where extensive violations are found, or where conditions exist which are determined to be a hazard to the health, safety or welfare of the occupants of a dwelling structure, the Building Commissioner or his assistant may, at his discretion, issue a qualified time-limited occupancy permit for the Transfer of Title Only to the purchaser, subject to the correction of all violations within a specified period of time. Such qualified permit shall be issued only upon completion of an agreement signed by the owner specifying a time period for completion of such corrections, which period shall have been approved by the Building Commissioner or his assistant and indicating that prior to the transfer of title to the premises the seller or purchaser has placed in escrow an amount of money at 1 ½ times, approved by the Building Commissioner or his assistant, to cover the cost of required corrections. Where there is noncompliance with a written notice, or in case of an emergency situation, the Commissioner or his assistant shall proceed in the manner prescribed by Sections 1379.03 and 1379.04.
(d) The owner, agent or operator of any structure or premises shall have the right to appeal the denial of an occupancy permit in the manner prescribed by Section 1379.08.
(Ord. 2006-071. Passed 4-4-06.)