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No operations or use of premises requiring a permit shall be commenced until the permit therefor has been secured and is on hand at the site of the operations or use. The Commissioner of Buildings shall be given at least twelve hours notice of the starting of work under a permit. Failure to give such notice shall be a violation of this Code and shall make the permit holder liable to the penalty provided by this Code.
(Ord. 178-1959. Passed 9-14-59.)
DIVISION B - CERTIFICATES OF OCCUPANCY
(a) All Structures. Before any new building or structure shall be occupied or used, the owner or his or her agent shall apply for and obtain from the Commissioner of Buildings, as a condition precedent to the occupancy or use of such building or structure, a Certificate of Occupancy. A Certificate of Occupancy shall be applied for at the same time as the application for a building permit. Such Certificate, however, shall only be issued after the erection of the building or structure has been completed and found by inspection to be in conformity with the provisions of this Code and in compliance with all then existing Codes and ordinances of the City, and having sanitary sewer facilities, public water main connections and a completed pavement for access to the premises, which has been constructed in accordance with at least the minimum standards and specifications of the City Engineer. The owner shall be held responsible for completing the work until the Certificate of Occupancy is issued. No such building or structure may be lawfully used or occupied until the Certificate of Occupancy is issued.
(b) Residential Structures, One to Three Dwelling Units. Before any person occupies or uses anyone to three unit dwelling or residence, the owner shall certify in writing that he or she shall be responsible for completing the landscaping on the premises as follows:
(1) Time frame. Landscaping shall be completed within 120 days following issuance of a certificate of occupancy unless such date occurs after October 1 of a year. In that event, the time for completion shall be extended to June 1 of the following year.
(2) Assignment. An owner may assign the responsibility of final landscaping over to another person, such as a tenant, with written documentation to the Building Commissioner. A valid assignment is conditioned upon approval by the Building Commissioner.
(c) Minimum Standards. Growing and/or non-growing landscaping is required on the entire lot, except for such portions as are occupied by the house, garage, driveway or other permitted improvements. Growing landscaping consist of grass, trees, bushes and other living plants. Excluding the tree lawn, not more than 15% of the lot and 25% of the front yard may consist of non-growing landscape. Landscape plans that are in excess of the minimum standards of non-growing landscaping must be reviewed by the Architectural Review Board.
(Ord. 178-1959. Passed 9-14-59; Ord. 249-2007. Passed 12-17-07.)
A Certificate of Occupancy for any existing multiple family rental or one/two family rental may be obtained by applying to the Housing Manager and supplying the information and data necessary to determine compliance with applicable laws, ordinances, rules and regulations for the existing use or occupancy or intended use or occupancy. The Housing Manager shall issue a Certificate of Occupancy or Temporary Certificate of Occupancy if it is found, through inspection, that the building conforms to the applicable violation class laws, ordinances, rules and regulations necessary to receive such certification.
A Certificate of Occupancy for any existing commercial structure may be obtained by applying to the Building Commissioner and supplying the information and data necessary to determine compliance with applicable laws, rules and regulations for the existing use or occupancy or intended use and occupancy.
(Ord. 201-1997. Passed 10-6-97.)
A Certificate of Occupancy shall be issued within five days after written application therefor, if the building or structure at the time of such application shall be entitled thereto. Copies of Certificates of Occupancy shall be furnished, on request, to persons having a proprietary interest in the building or structure.
(Ord. 178-1959. Passed 9-14-59.)
A Temporary Certificate of Occupancy shall be issued by the Housing Manager to all multiple family and one/two family rental dwellings if said building adheres to all “A” Class violations as defined in Section 1755.30. Such a Temporary Occupancy Permit shall not be issued to a building that jeopardizes life and/or property.
Upon request of the holder of a permit, or of the owner, the Commissioner of Buildings may issue a Temporary Certificate of Occupancy for part of a commercial structure, provided that such temporary occupancy or use would not jeopardize life and/or property.
The Housing Manager and/or Commissioner of Buildings shall revoke any Temporary Certificate of Occupancy issued under this section for any failure to comply in full with this Code within the timelines established for compliance by either the Housing Manager and/or the Commissioner of Buildings.
(Ord. 201-1997. Passed 10-6-97.)
(a) A Certificate of Occupancy shall also be required in the following cases and no such building or structure may be lawfully used or occupied until the Certificate of Occupancy is issued. Such Certificate shall be necessary:
(1) Where a used building or structure has been altered and a building permit has been issued for such work; or
(2) Where the Housing Manager and/or the Commissioner of Buildings finds a building to be in a dilapidated condition and is substandard, which building endangers the health, morals or safety of inhabitants by becoming unsafe, unsanitary or unhealthful. In such event, he or she shall post a copy of his or her order on the premises and shall forward a copy to the owner of record, by certified mail if his or her residence can be obtained. His or her order shall set forth in what respects the building is substandard.
(b) Each applicant for a Certificate of Occupancy shall be furnished a printed form. The Housing Manager and/or the Commissioner of Buildings shall maintain a record of all applications filed with him or her and of all Certificates issued by him or her, which shall be kept on file in the Division of Buildings. A copy shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land affected.
(c) The Commissioner of Buildings and the Housing Manager is hereby empowered to examine and inspect any building or structure and to further issue a removal order where he or she finds that a building or structure is used before the issuance of a Certificate of Occupancy, where one is required as provided in this section. All persons or corporations occupying or using any building or structure, together with the owner and any person or corporation who or which has been employed as a builder or contractor in connection with any construction or alteration where a Certificate of Occupancy is required and has not been issued, shall be deemed in violation of the things set forth in any order of the Housing Manager and/or Commissioner of Buildings and of the provisions of this Code, and particularly of this section. Any unauthorized removal of a notice posted by the Housing Manager and/or the Commissioner of Buildings shall likewise constitute a violation of this Code and shall subject any such person to the penalties provided in this Code for violations.
(Ord. 201-1997. Passed 10-6-97.)
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