A. Authority. The Village Manager shall have authority to issue certificates of occupancy; provided, however, that no such certificate shall be issued except in accordance with the provisions of this Section and the provisions of the Village Code governing development, building, and related matters.
B. Purpose. For the purposes of this Code, the certificate of occupancy provides a procedure for the inspection of completed premises to ensure their compliance with this Code and approved plans prior to commencement of the use or occupancy of such premises. The certificate may also evidence compliance with other provisions of the Village Code as set forth in those provisions.
C. Certificate Required. Unless a certificate of occupancy shall have first been obtained certifying compliance with the provisions of this Code:
1. No structure, or addition thereto, constructed, reconstructed, remodeled, altered, or moved after the effective date of this Code shall be occupied or used for any purpose; and
2. No land vacant as of the effective date of this Code shall be used or occupied for any purpose, except open space; and
3. Except for changes involving only substitution of occupants in existing dwelling units, no use or occupancy of any land or structure shall be changed to any other use or occupancy, whether or not construction, remodeling, alteration, or moving is involved.
D. Procedure.
1. Application. When no certificate of zoning compliance is required, applications for certificate of occupancy shall be filed in accordance with the requirements of Section 7-201 of this Code. When a certificate of zoning compliance has been issued, the application for that certificate shall also be treated as the application for a certificate of occupancy and shall be processed as such at such time as the applicant notifies the Village Manager in writing that the subject structure or use is ready for a certificate of occupancy in accordance with the certificate of zoning compliance.
2. Action on Application. Within 10 days following the receipt of a completed application or a written notice from the applicant in accordance with Paragraph D1 of this Section, the Village Manager shall cause the subject structure or premises to be inspected and shall take one of the following actions based on such inspection:
(a) If all work has been completed and the structure and use thereof are in full and complete compliance with all applicable provisions of this Code, other relevant codes and ordinances of the Village, the applicant's plans as approved, and any conditions attached to any approval issued pursuant to this Code, the Village Manager shall issue a certificate of occupancy.
(b) If, however, all work is not complete or is in any manner not in full compliance with all applicable requirements, the Village Manager shall deny the application and shall inform the applicant in writing of the specific deficiencies on which such denial is based, citing the particular provisions of the codes and ordinances of Village, the particular items in the applicant's plan or the applicable special approval conditions with respect to which compliance is lacking.
3. Content of Certificate. In addition to the matters required to be contained in a certificate of occupancy pursuant to other applicable provisions of the Village Code, each certificate of occupancy issued pursuant to this Section shall state the specific use of the subject property for which it is issued and shall set forth any conditions imposed in connection with any approval granted pursuant to this Code.
4. Filing of Certificates. Every certificate of occupancy issued pursuant to this Section shall be kept on file in the central address files and shall be a public record open to inspection pursuant to the provisions of the Illinois Freedom of Information Act.
E. Temporary Certificate of Occupancy. Notwithstanding the provisions of Paragraph D2 of this Section, when construction, reconstruction, remodeling, or alteration of a structure does not require the vacating of the structure, or when parts of the structure are finished and ready for occupancy before the completion of such construction, reconstruction, remodeling, or alteration and are certified upon inspection to be safe for use or occupancy and to be in full compliance with all applicable provisions of this Code, other relevant codes and ordinances of the Village, the applicant's plans as approved and any conditions attached to any approvals issued pursuant to this Code with respect to such structure or its premises, a temporary certificate of occupancy may be issued for a period not to exceed six months from its date, which temporary certificate shall bear on its face a statement of its temporary nature; provided, however, that no such temporary certificate shall be issued pursuant to this Code unless said structure also qualifies for a temporary certificate of occupancy issued pursuant to the Building Code. Temporary certificates of occupancy pursuant to this Section and the Building Code may be jointly issued.
F. Certificate of Occupancy for Existing Uses. The Village Manager may issue a certificate of occupancy certifying the lawful existence and use of any existing structure or use in the same manner, and subject to the same standards and limitations, as authorized by this Section with respect to new structures and uses. Such certificate of occupancy shall be prima facie evidence of the facts contained in it with respect to any structure or use as of the date of its issuance and shall remain effective for that purpose for so long as neither the use or structure nor the applicable provisions of this Code are changed.
G. Void Certificates. Any certificate of occupancy issued in violation of the provisions of this Code, whether intentionally, negligently, or innocently, shall be void ab initio and shall give rise to no rights whatsoever.