(A) Except as otherwise provided herein, it shall be unlawful for the owner or any agent of an owner to occupy or permit the occupancy by any third party of any residential dwelling or dwelling unit within the village until such time as an occupancy permit has been issued by the village. Nothing in this subchapter shall prohibit the transfer of ownership or possession of the dwelling or dwelling unit prior to the issuance of an occupancy permit so long as division (B) below is complied with fully. Residential occupancy permits are valid for two years from the date of application.
(B) It shall be the responsibility of the owner, seller, lessor, or transferor of any residential property located within the village to assure that an occupancy permit will be issued or is issued to any transferee or occupant assuming possession from the owner, seller, lessor, or transferor of the property; and, if necessary, to provide for the corrections of any violations whether such corrections take place prior to or after a transfer of ownership or possession of the property and before the issuance of the occupancy permit.
(C) An occupancy permit can be applied for:
(1) In person at the Village Clerk’s office at the Village Municipal Building; or
(2) By mail, with the application to be sent to:
Village Clerk
Brighton Municipal Building
206 S. Main Street, Box 458
Brighton, IL 62012
(D) After an application is submitted:
(1) The applicant must contact the village within seven days of the application to set up an appointment for an inspection;
(2) The inspection must be performed within 30 days from the date of application;
(3) The occupancy permit must be obtained within 30 days from the initial inspection, which allows time for the correction of all identified violations; and
(4) Property may be occupied prior to the inspection, provided there are no life safety issues.
(E) If the owner, seller, lessor, or transferor provides a true and correct copy of this subchapter to the purchaser, transferee, or lessee, and thereafter obtains the purchaser’s, transferee’s, or lessee’s written consent to assume full responsibility to obtain the occupancy permit, and if necessary, to correct any violations that may exist to obtain such occupancy permit, then, upon filing an original of the written consent signed by the party to be so bound, with the village’s Building and Zoning Administrator, the obligation to correct any such violations prior to the issuance of any occupancy permit shall then be the responsibility of the purchaser, transferee, or lessee, who shall be bound thereby without further notice.
(F) For the purposes of divisions (A) and (B) above, the transfer of possession of a residential dwelling or dwelling unit does not entitle the transferee or possessor of the dwelling or dwelling unit to occupy the dwelling or dwelling unit until an occupancy permit is issued. No overnight occupancy shall be allowed pending any occupancy permit inspection and the actual issuance of any occupancy permit.
(G) This section shall not apply to transfers of residential real estate wherein the transferee notifies the Building and Zoning Administrator, in writing, of intent to demolish, within 90 days of the transfer, any buildings located thereon. The Building and Zoning Administrator may, for good cause shown, extend the demolition period for one additional period of 90 days. No overnight occupancy shall be allowed within any dwelling or dwelling unit that is subject to this demolition exception.
(H) This section shall apply to any transfers of dwelling or dwelling units taking place after the effective date of this section with the exception of those transfers under contract for sale on or before the effective date hereof.
(Prior Code, § 9-4-1) (Ord. 817, passed 1-9-2017) Penalty, see § 151.99