(A) Occupancy variance deposit. A variance from the requirements for occupancy may be granted by the building official, or his or her designee, in light of an inability of the builder to complete such requirements due to inclement weather or upon other good cause shown as being beyond the control of the builder. Such requirements for occupancy shall include completion of all work items associated with the approved building permit or permits for the occupied space within the premises. A variance shall not be granted from health or life safety code requirements.
(1) When a variance is so issued, there shall be submitted to the village a cash deposit in the amount of 125% of the estimated probable cost of construction of the incomplete work, including the cost of completion of as-built plans if so required by the Village Engineer. The estimated probable cost of construction shall be approved by the building official or his or her designee.
(2) The purpose of the occupancy variance deposit shall be to ensure that the items not completed at time of occupancy will be completed within 60 days after the weather, soil conditions or other impediment to completion allows for the incomplete work to be finished. Upon granting of an occupancy variance, occupancy of the premises shall be permitted. The amount of the deposit shall be held by the village, and the issuance of a certificate of occupancy shall be withheld until such time as the work has been completed.
(3) If the specific defects pertaining to the occupancy variance deposit are not corrected within the 60-day period set forth above, the village shall notify the party which submitted the occupancy variance deposit of the specific defect still preventing the issuance of a final certificate of occupancy and the release of the deposit. The village may, after reasonable notice, utilize the funds to correct the defect. The utilization of this occupancy variance deposit shall not prevent the village from taking other action against the person responsible for the defect preventing the issuance of the certificate of occupancy, including but not limited to the filing of a lawsuit for injunction, ordinance violation or the withdrawal of the occupancy permit.
(4) Without regard to any provision contained within this Code, the occupancy variance deposit shall not be released by the village until the entire area immediately affected by the incomplete work items shall have also been found to comply with the ordinances of the village.
(B) Performance guarantee deposit. A temporary postponement of the requirements for completion of landscaping or landscape appurtenances may be granted by the building official, or his or her designee, in light of an inability of the builder to complete such work due to inclement weather or upon other good cause shown as being beyond the control of the builder. Such requirements shall include completion of all landscaping or landscape appurtenance work items associated with the approved building permit or permits for a premises or common area adjacent thereto, if applicable. Approval of such postponement shall not be granted unless the premises has otherwise been deemed ready for occupancy and all health and life safety code requirements have been completed.
(1) When a temporary postponement of the requirements for completion of landscaping or landscape appurtenances is approved by the building official, there shall be submitted to the village a cash deposit in the amount of 125% of the estimated probable cost of construction of the incomplete work. The estimated probable cost of construction shall be approved by the building official or his or her designee. Such cash deposit shall be known as the performance guarantee deposit.
(2) The purpose of the performance guarantee deposit shall be to ensure that the items not completed at time of occupancy will be completed within 60 days after the weather, soil conditions or other impediment to completion allows for the incomplete work to be finished. Upon granting of a temporary postponement of the requirements for completion of landscaping or landscape appurtenances, a certificate of occupancy shall be issued and occupancy of the premises shall be permitted. The amount of the deposit shall be held by the village until such time as the work has been completed.
(3) If the specific defects pertaining to the performance guarantee deposit are not corrected within the 60-day period set forth above, the village shall notify the party which submitted the performance guarantee deposit of the specific defect still preventing the release of the deposit. The village may, after reasonable notice, utilize the funds to correct the defect. The utilization of this performance guarantee deposit shall not prevent the village from taking other action against the person responsible for the defect preventing the release of the deposit, including but not limited to the filing of a lawsuit for injunction or ordinance violation.
(4) Without regard to any provision contained within this Code, the performance guarantee deposit shall not be released by the village until the entire area immediately affected by the incomplete work items shall have also been found to comply with the ordinances of the village.
(C) Temporary certificate of occupancy. A temporary certificate of occupancy may be granted by the building official, or his or her designee, to allow occupancy of all or a portion of a building provided certain requirements are satisfied, but when all of the requirements that would allow for the issuance of a full certificate of occupancy have not been satisfied. A temporary certificate of occupancy shall not be issued when there are incomplete health or life safety code requirements in the space for which temporary occupancy is being requested.
(1) In making a request for a temporary certificate of occupancy, the permit applicant shall submit the following:
(a) A written summary detailing the nature of and reason for the request, the intended schedule for full project completion, and a list of the remaining incomplete work as required under the approved building permit;
(b) The clerical fee in the amount of $80 for one- and two-family residential construction permits, and $160 for commercial, industrial, institutional, and multi-family residential construction permits; and
(c) Payment in the amount of $80 for each additional required inspection.
(2) A temporary certificate of occupancy shall be valid for a time period as established by the building official, or his or her designee.
(Ord. 2010-04-23, passed 4-5-2010; Ord. 2013-04-11, passed 4-15-2013; Ord. 2020-04-11, passed 4-6-2020)