1385.04 ISSUANCE.
(a) If, upon inspection of the premises, it is determined that the same is in compliance with this Apartment Maintenance Code, the Building Commissioner or his assistant shall collect the required fee and shall issue an occupancy permit to the seller, lessor, owner or their agent with a copy to the purchaser or tenant. Such occupancy permit shall be picked up within sixty days after the date of inspection or reinspection which resulted in its issuance. An occupancy permit shall be valid for one year from its date of issuance.
(b) If, upon inspection, it is determined that the premises are in substantial compliance with the Apartment Maintenance Code, the Commissioner or his assistant may, at his discretion, issue a temporary occupancy permit to the seller, lessor, owner or their agent with a copy to the purchaser or tenant, subject to the correction of minor violations within a specified period of time. Such temporary permit shall be issued only upon completion of an agreement signed by the seller, lessor, owner or their agent specifying a period of time 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, tenancy or occupancy of the premises, the seller, lessor, owner or their agent has placed or will place in escrow an amount of money, approved by the Building Commissioner or his assistant, to cover the cost of required corrections. In the event there is no escrow established for the transfer, tenancy or occupancy, the seller, owner, lessor or their agent, shall deposit the required amount of money with an escrow agent selected jointly by the seller, lessor, owner or their agent and the Building Commissioner.
Funds shall be released from escrow in the manner set forth in Section 1385.06. Failure to complete the corrections within the agreed time period shall void such temporary permit. No temporary 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 the multi-family structure, the Building Commissioner or his assistant shall refuse to issue an occupancy permit. Such refusal shall be in writing, and shall list the corrective measures required. Upon receiving such written refusal and list of corrective measures required from the Building Commissioner or his assistant, the seller, lessor, owner or their agent shall give the prospective purchaser, tenant or agent a copy of the written refusal and list of corrective measures required, prior to entering into an agreement with the purchaser for the transfer of title to the property or the tenant for tenancy of the property, or if the seller, lessor, owner or their agent does not enter into a written agreement for the transfer or tenancy, prior to the filing for record of a deed to the property or tenancy by the tenant.
Such written refusal and list of corrective measures required shall be a public record of the City which shall constitute notice to all subsequent purchasers, transferees, tenants or any other persons who acquire any interest in the real property in which the violations exist and which may be enforced against their interest in the real property without further notice or order to them.
No occupancy or change of occupancy shall take place until such corrections have been made and approved and an occupancy permit has been issued. 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 1395.03 and 1395.04.
(d) The owner, lessor, 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 1395.08.
(e) Whether or not a sale or lease is actually consummated, the owner, seller, lessor or agent shall cause cited violations to be corrected within the time prescribed by the initial citation order unless a longer time period is agreed to by the Building Commissioner or his assistant. Failure to do so shall constitute a violation of the Apartment Maintenance Code and subject the seller, lessor, owner or agent to the penalty set forth therein.
(Ord. 99-078. Passed 4-20-99.)