A. Certificate Required:
1. No building or addition thereto, constructed after the effective date hereof, shall be used or occupied until an occupancy certificate has been issued by the Village Clerk after inspection by the building inspector. No certificate of occupancy for any building or addition thereto shall be issued without the submission of a spotted survey verifying the location of said building on the lot in question. Said spotted survey shall be submitted by the applicant as soon as is practicable following the completion of the foundation for said building. (Ord. 473-90, 12-10-1990; amd. Ord. 529-92, 7-13-1992)
2. No change in occupancy and no change in use within the same zoning classification shall be made until an occupancy certificate has been issued by the building inspector.
3. No change in use after a change in zoning classification shall be made until after an inspection by the building inspector and the issuance of an occupancy certificate.
4. An occupancy certificate shall also be required for occupancy after the extension of a main building or the remodeling of any building which includes a change in the bearing walls, supports, chimneys or roof. (Ord. 529-92, 7-13-1992)
B. Application For Certificate: An application for an occupancy certificate, permanent or temporary, must be submitted to the Village Clerk, on forms supplied by the Village and shall be signed by the record owner, as well as the contractor performing work on the property. If only a change of occupancy or use is involved, forms shall be signed by the record owner only, provided there is no contractor performing work on the property. Such occupancy certificate must be issued prior to the time the new occupants take possession or a new use is made of the premises. (Ord. 1190-06, 11-20-2006)
C. Fee: The fee for an occupancy certificate, when applied for in connection with construction, shall be part of the building permit fee. When application for an occupancy certificate is made in connection with a change of occupancy or use, there shall be a fee as set forth in subsection 11-1-1H4 of this Code. (Ord. 1796-17, 12-13-2017)
D. Issuance Of Certificate:
1. No occupancy certificate for a building or addition thereto shall be issued until construction has been completed and the premises have been inspected and certified by the building inspector to be in full and complete compliance with the plans and specifications and the Building Code of the Village 2 .
2. No occupancy certificate, following a change in occupancy or use, shall be issued until the building inspector has inspected the premises and has certified that there are no Building Code violations. The occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than seven (7) days after the building inspector is notified in writing that the premises are ready for occupancy or that a change in occupancy or use will be made. (Ord. 529-92, 7-13-1992)
E. Temporary Certificate Of Occupancy:
1. A temporary certificate of occupancy may be issued when the structure created, erected, changed or converted is nearly complete and use or occupancy of the premises will not, in the opinion of the Chief Operating Officer, present a hazard to the occupants. Both the owner and any contractor must sign any application for a temporary certificate of occupancy. In addition, prior to the issuance of a temporary certificate of occupancy the owner and contractor must execute an agreement, acceptable in form to the Village Attorney, providing as follows:
a. That all corrections indicated on the final inspection check sheet shall be completed within six (6) months of the issuance of the temporary certificate of occupancy;
b. That reinspection of the subject premises shall be permitted within the six (6) month period in order to verify the corrections;
c. That failure to make the corrections within the six (6) month period shall be cause for the Village to record the final inspection check sheet with the Recorder of Deeds of Lake County, Illinois;
d. That the owner and contractor shall defend, indemnify and hold harmless the Village, its officers, agents and employees from any and all claims, losses or damages which may be incurred by reason of occupancy of the premises prior to the issuance of a final certificate of occupancy; and
e. That there shall be posted a cash bond or letter of credit, in a form satisfactory to the Village Attorney, in an amount equal to one hundred fifty percent (150%) of the Village's estimate of completion costs prior to the issuance of the temporary certificate of occupancy. In the event that a structure for which a temporary occupancy certificate has been issued has not been fully completed so as to comply with all applicable Village ordinances at the end of the six (6) month period, the owner and contractor agree that the Village may cause said premises to be vacated and to remain vacated until full compliance with all applicable ordinances of the Village has been obtained. During the time period of the temporary certificate of occupancy, all cash bonds and/or letters of credit required in connection with the issuance of the building permit will be held by the Village. Failure to complete all items on the final inspection check sheet may cause the forfeiture of any or all cash bond or letter of credit with respect to said structure and the Village may record said final inspection check sheet with the Recorder of Deeds for Lake County, Illinois. The Village has the right, but not the obligation, to utilize the cash bond or letter of credit posted hereunder to cause the completion of any remaining items necessary to obtain a permanent certificate of occupancy. (Ord. 1642-16, 3-21-2016)
f. Prior to expiration of the temporary certificate of occupancy, the Village may extend the time period by a period of three (3) months from the date of issuance of the temporary certificate of occupancy. The Village may grant a three-month extension no more than two (2) times for a total of six (6) months. There shall be a fee for a temporary certificate of occupancy extension as set forth in subsection 11-1-1H4 of this Code. (Ord. 1796-17, 12-13-2017)
F. Authority To Note Deficiencies: The Chief Operating Officer or building inspector shall be free to note any deficiency in the plans, specifications or construction of improvements for which building permits are required hereunder, irrespective of whether plans and/or specifications have been approved and regardless of whether building permits or occupancy certificates have been issued. (Ord. 473-90, 12-10-1990; amd. Ord. 1290-09, 8-17-2009)
Notes
| 1 | 1. See section 9-16-4 of this Code. |
| 2 | 1. See chapter 1 of this title. |