A. Certificate Required: It is unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, until a certificate of occupancy shall have been issued therefor by the City building inspector stating: that the proposed use of the building or land conforms to the requirements of this chapter; that a stamped certification from a licensed design professional has been submitted to the City Clerk-Treasurer stating that the stormwater system was constructed in accordance with the approved design and is functioning properly; and that the building, proposed use of the building and land conforms to all other conditional provisions that may have been imposed.
B. Temporary Certificate: A temporary certificate of occupancy may be issued by the building inspector for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion.
C. Fees And Charges: The City Council shall establish by resolution a schedule of fees and charges for occupancy permits.
D. Records Kept: The City Clerk-Treasurer shall maintain a record of all certificates of occupancy, and copies shall be furnished upon request to any person as provided by law.
E. Limitations And Restrictions:
1. Failure to obtain a certificate of occupancy shall be a violation of this section.
2. Certificates issued on the basis of plans and applications approved by the building inspector authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this section.
F. Violation And Penalty: In addition to taking whatever criminal action allowed by law, the City Attorney may take steps to civilly enjoin any violation of this section. Penalties for failure to comply with or violations of the provisions of this section shall constitute a misdemeanor punishable by fine or imprisonment as provided in section 1-4-1 of this Code. Each day such violation continues shall be considered a separate offense. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense. Nothing contained in this section shall prevent the City Council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this section or of the Idaho Code. (2010 Code)