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(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.)
No change of occupancy shall be made in a building or structure that is not consistent with the last issued Certificate of Occupancy for such building or structure, unless a new Certificate of Occupancy is secured. The occupancy of a building or structure shall not be deemed to have changed because of a temporary vacancy or change of ownership or tenancy. The re-establishment in a building or structure, after a change of occupancy has been made, of a prior use that is not permitted in a new building or structure of the same type of construction, is prohibited. A change from a specifically prohibited use to another specifically prohibited use shall not be made.
(Ord. 178-1959. Passed 9-14-59.)
When separate approvals are required by this Code or by other applicable laws, ordinances, rules or regulations for the installation or use of equipment or appurtenances, it shall be unlawful to use or permit the use of such equipment or appurtenances until such approvals have been given. When the use of such equipment or appurtenances is essential for the use or occupancy of the building or other structure, the Housing Manager and/or the Commissioner of Buildings shall withhold the issuance of a Certificate of Occupancy until such approvals have been given.
(Ord. 201-1997. Passed 10-6-97.)
The Certificates of Occupancy issued for multiple dwellings and for buildings of institutional assembly and educational occupancy classifications, and for other buildings when deemed necessary for control of the occupancy, shall be securely affixed in a conspicuous place in the building, where directed by the Housing Manager and/or the Commissioner of Buildings.
(Ord. 201-1997. Passed 10-6-97.)
In rooms or spaces of the assembly occupancies, the number of persons who may legally occupy such room or space shall be marked on placards by the Housing Manager and/or the Commissioner of Buildings and such placards shall be securely affixed by the owner of the building or his or her authorized agent near the entrances to such room or space so as to be conspicuously visible to persons entering such room or space. It shall be a violation of this Code to occupy such room or space, or permit it to be occupied, at any one time by more than the number of persons marked on such placard. The Housing Manager and/or the Commissioner of Buildings may also require the posting of placards stating the maximum number of persons who may legally occupy certain buildings and parts of buildings of industrial occupancy classification.
(Ord. 201-1997. Passed 10-6-97.)
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