(a) No owner, agent or person in charge of any dwelling structure used for purposes other than single-family uses shall rent or lease such structure or any part thereof for residential occupancy unless the owner thereof obtains a residential occupancy certificate issued by the Building Commissioner for such structure.
(b) Application for a residential occupancy certificate shall be made by supplying information necessary to determine compliance with applicable laws, ordinances, rules and regulations for the existing use or occupancy on forms supplied by the Building Department.
(c) If the owner of a dwelling structure resides outside of the County, he shall designate, in his application, an agent who is authorized by the owner to receive service of a notice of violation on the owner's behalf. The agent shall reside within the County, be eighteen years of age or older, and of sound mind. The owner shall supply the agent's name, current address and phone number on the application. The owner is obligated to notify the Building Commissioner, in writing, of any change in the agent's name, address and/or phone number.
(d) If it is found that the dwelling structure is in compliance with the City Building Code and all other laws, ordinances, rules and regulations, the Building Commissioner shall issue a residential occupancy certificate stating the
(1) Street address of the structure;
(2) Name, address and phone number and e-mail, if any, of the owner(s) of the premises. If the owner is a partnership, the names of all general partners shall be provided, if it is a corporation, the name of all shareholders shall be provided, and if it is a limited liability company, the names of all members shall be provided. The statutory agent name, address and phone number shall be provided if the owner is a corporation, limited liability company or limited liability partnership;
(3) Name, address, phone number and e-mail, if any, of the managing agent, if any;
(4) Name, address and phone number of the person employed by the owner to provide regular maintenance, if any.
(5) The name and phone number of the tenants, if any, residing on the premises or to reside on the premises immediately after the certificate is issued;
(6) Name of the representative of the owner who can be notified in case of any emergency affecting the premises and who has authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith;
(7) Use district the structure is in;
(8) Nature of the authorized occupancy;
(9) Building was found to be in compliance with the applicable Building Code and all other applicable laws, ordinances, rules and regulations.
(e) A residential occupancy certificate shall be valid for one year after the issuance date, unless it is renewed before that time in the same manner that the original was issued.
(f) Copies of all applications and residential occupancy certificates shall be kept on file by the Building Department as a public record.
(g) The Building Commissioner shall have the power to revoke a residential occupancy certificate if:
(1) An applicant makes a false statement relevant to the issuance of a certificate; or
(2) A structure is not in compliance with the requirements of this Building Code; or
(3) The owner, agent or person in charge of a structure refuses to comply with any provision of this Building Code required for the use, maintenance and/or occupancy of a structure.
(h) If the names, addresses and/or phone numbers of any person listed on a residential occupancy certificate change, the owner shall promptly notify the Building Commissioner, in writing, of the change, within seven days such change occurs. If the owner fails to notify the Building Commissioner in writing, the Building Commissioner may revoke the residential occupancy certificate until the owner supplies the Building Commissioner, in writing, with the changed name, address and/or phone number.
(i) In addition to revocation of the occupancy certificate, whoever violates subsection (h) hereof shall be fined not more than one thousand dollars ($1,000.00). Each three-month period that the violation continues shall constitute a separate offense.
(j) Upon discovery by the Building Commissioner that application for a residential occupancy certificate has not been made for a dwelling structure, notice shall be given to the owner of the structure to apply for an occupancy certificate within five days. Failure to comply within that time period shall be deemed a Building Code violation and shall subject the owner of the structure to the legal action and penalties prescribed herein.
(k) The owner, agent or person in charge of the dwelling structure shall openly post, at all times, the residential occupancy certificate at the main entrance. Such certificate shall contain the information required pursuant to subsection (d)(1) to (5).
(l) An application for a residential occupancy certificate shall be accompanied by a nonrefundable fee, in accordance with a separate schedule established by the City. No fee shall be charged for a dwelling unit occupied by the owner thereof.
(m) A residential occupancy certificate, issued under the provisions of this Building Code, is transferable whenever there is a change in the legal or equitable owner of record. Application for a transfer of a residential occupancy certificate shall be made on Building Department forms not more than thirty days after such change has occurred. The fee to be paid for each application of transfer shall be established by a separate ordinance by the City.
(n) A residential occupancy certificate issued pursuant to this Building Code shall become null and void whenever a change occurs in the use of the occupancy, in whole, or in part, of the structure without first obtaining a permit for such change. Application for a new residential occupancy certificate shall be made no more than thirty days after such change has occurred.
(Ord. 74-1988. Passed 8-17-88.)