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A. A temporary six (6) month occupancy permit for any structure or building may be issued by the director of community development if, for reasons of inclement weather or otherwise, the builder/developer or property owner has been unable to complete final grading, landscaping and installation or repair of sidewalks, or furnish a final lot grading survey as stipulated in subsection 10-1-5D of this chapter. All other provisions of said subsection 10-1-5D must, however, have been met. Issuance of a temporary occupancy permit shall be contingent on the following:
1. A written statement listing the uncompleted work necessary to bring the building site into compliance and an estimate of the cost thereof shall be filed with the director of community development. The validity of said cost estimate shall be verified by the village engineer.
2. The builder/developer or property owner shall establish with the village clerk an escrow account consisting of a cash deposit, certified check, or cashier's check in an amount equal to one hundred fifty percent (150%) of the estimated cost of uncompleted work in subsection A1 of this section. The village clerk shall issue a receipt for said account listing the work to be accomplished and identifying, by legal description, the property for which a temporary occupancy permit is being requested. A copy of the receipt shall be filed with the director of community development.
3. A written agreement signed by the builder/developer, property owner and/or contract purchaser shall be submitted to the director of community development within six (6) months of the date of issuance of the temporary occupancy permit and their understanding that, upon expiration of the temporary occupancy permit, it shall thereafter be unlawful for the building or structure to be occupied and that the escrow account established in subsection A2 of this section shall be subject to forfeiture.
B. Upon completion of all improvements, submittal of the final grading survey, and approval thereof by the village engineer, the director of community development shall then issue a regular occupancy permit, and the village clerk shall refund in full the escrow account previously established. If the builder/developer or property owner fails to complete the required improvements within the six (6) month period allotted, the director of community development shall authorize the use of the escrow funds provided in subsection A2 of this section to complete the required improvements.
C. Any person, firm or corporation violating any provision of this section shall be subject to the penalty prescribed in section 1-4-1 of this code. (1978 Code § 4-1-11; amd. 2011 Code)