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(a) A temporary Certificate of Occupancy may be granted by the Building Inspector when the requirements of Section 1309.02 have not been met or have been delayed for valid reasons, if the Building Inspector determines, at his or her sole discretion, that the building and/or structure may be occupied without endangering the health and safety of any person.
(b) The Building Inspector shall refuse a temporary Certificate of Occupancy to an applicant who has:
(1) Outstanding and unpaid judgments against them arising from or growing out of failure to perform work under a construction contract or failure to perform work in a good and workmanlike manner.
(2) Previously obtained a building permit by making material misrepresentations.
(3) Previously performed work on a premises knowing that the permit therefor was obtained by material fraudulent misrepresentations.
(4) Previously performed construction in any un-workmanship manner. See Section 1321.04.
Failure to comply with a written directive from the City pertaining to building, site improvement or landscaping, failure to obtain a Final Occupancy Permit following the expiration of a temporary Certificate of Occupancy or any other violation of City ordinances.
(c) Prior to the issuance of a temporary Certificate of Occupancy, the Building Inspector may require that the applicant provide an escrow agreement from a lending institution or bank for any work that is not completed and/or unfinished. The amount required for escrow is the estimated cost of completion plus an additional ten percent. The escrow funds will not be released to the owner, developer, agent or other responsible person unless approved by the City. The escrow agreement shall terminate upon the issuance of a Final Occupancy Permit.
(d) At the time of the issuance of a temporary certificate, the time of complete compliance with the requirements for an occupancy permit shall be stated on the temporary Certificate of Occupancy.
(e) A temporary Certificate of Occupancy issued by the Building Inspector shall only be valid for a period set by the Building Inspector, not to exceed six (6) months, unless otherwise extended by the Building Inspector for good cause where circumstances beyond the control of the applicant prevent completion. The Building Inspector shall provide notice to the owner, if different than the applicant, and the Building Inspector shall give consideration to any objections by the owner.
(f) An applicant who fails to obtain a Final Occupancy Permit following the expiration of the temporary Certificate of Occupancy shall be guilty of a misdemeanor of the fourth degree. A separate offense shall be deemed committed each day during which or on which an offense occurs or continues. It is an affirmative defense to a charge under this section if the applicant established an escrow account as set forth under division (c) of this section for all of the not completed and/or unfinished work. Additionally, failure to obtain a Final Occupancy Permit prior to the expiration of issuance of the temporary Certificate of Occupancy may result in the refusal of future building permits.
(Ord. C30-88. Passed 5-16-88; Ord. C45-11. Passed 10-3-11.)