A. Generally: Upon sufficient showing of good cause and subject to the limitations set forth in subsection B of this section, the building official is empowered, with the advice and consent of the community development director, to issue a temporary certificate of occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure.
B. Limitations: No temporary certificate shall be issued for any incomplete construction code requirements which would result in substantial hazard or be injurious to the health, safety or welfare of any person or which would result in the violation of any ordinance of the city or law of the state of Utah.
C. Procedure: In order to obtain a temporary certificate, the applicant must execute a written agreement to fully complete, repair and/or replace improvements or work within the time prescribed, not to exceed one hundred eighty (180) days from the date of issuance of the certificate and pay any required fees and bonds.
D. Extension: An applicant holding an unexpired temporary certificate may apply in writing for an extension of time within which work may be completed showing that circumstances beyond the control of the applicant have prevented action from being taken within the time required. Upon sufficient showing, and payment by the applicant of a fifty dollar ($50.00) extension fee, the city may extend the time for completion. Such extension shall only be permitted once and shall not exceed a period of one hundred eighty (180) days.
E. Breach: In the event the applicant fails to timely and fully complete, repair and/or replace said improvements in a satisfactory manner, the city may thereafter use the funds comprising any bond or other sufficient security approved by the city retained to cause the improvement to be completed, repaired and/or replaced. If the funds received from the bond are not sufficient to pay the total cost of completion, repair and/or replacement of the improvements and the fifteen percent (15%) overhead fee, or if a bond was not retained, the applicant shall be obligated to pay to the city all deficiency amounts. The city shall pursue all civil and criminal legal remedies to ensure payment and/or reimbursement for deficiency amounts. In addition, the city may file a notice of noncompliance with the county recorder's office for applicant's failure to comply with the temporary certificate of occupancy.
F. Compliance: Upon timely and satisfactory completion, repair and/or replacement of said improvements, and compliance with all other construction code provisions and applicable laws, the building official shall issue a certificate of occupancy and release any unexpended portion of any bond retained by the city to the applicant, less fifteen percent (15%) of the total cost to complete, repair and/or replace the improvements to cover overhead and administrative costs of the city. (Ord. 168, 3-7-1995)