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A. No building may be occupied, including in part, unless or until a certificate of occupancy has been issued by the building official. The building official shall, after an application therefore has been filed by the owner or the owner's agent, issue a certificate of occupancy for such building if, after inspection of the work authorized by applicable permits, it is found that such building substantially complies with the provisions of this title and all other requirements of the enforced codes applicable thereto.
B. The certificate of occupancy must show:
1. Building permit number;
2. Address of the building;
3. Name and address of the owner;
4. Description of that portion of the building for which the certificate is being issued;
5. Statement that the described portion of the building has been inspected for substantial compliance with the applicable enforced code for the group, division, and use for which the occupancy is certified;
6. The name of the building official;
7. The edition of the enforced code under which the permit was issued;
8. The type of construction;
9. The design occupant load;
10. The existence of an automatic sprinkler system and whether it was required; and
11. Any special requirements and conditions associated with the building permit.
C. The issued certificate of occupancy is not a certification or guarantee of total compliance with the applicable effective codes.
D. A temporary certificate of occupancy may be issued by the building official for the temporary use of a portion of a building prior to the completion and occupancy of the entire building. (Ord. 3280, 2-24-2020)
A. Any decision of a building official’s designee, including that of an inspector, may be appealed in writing to the appointed building official for a final decision. The building official may confirm or reverse the inspector. The final decision of the building official shall be in writing.
B. An appeal from the final written decision of the building official upon any matter affecting any of the codes adopted in this title or any other provision in this title may be taken to the board of appeals, which has powers and duties as provided in subsection 2-6-3D of this code, as well as the powers and duties of an appeals board in any of the codes adopted in this title.
C. Any appeal to the board of appeals must be in writing and delivered to the director of community development within thirty (30) calendar days of the building official's final decision. The board shall hear and render a decision on the appeal within thirty (30) days of filing, unless by agreement of the department and the appellant the time is extended.
D. An appeal from the decision of the board of appeals may be taken to the commission, by filing a written notice of appeal upon the clerk, within thirty (30) days after the decision of the board of appeals. The commission has the power to review the decision of the board of appeals, hear evidence relative thereto, and to revise, amend or alter the order of the board of appeals. (Ord. 3151, 4-23-2012; amd. Ord. 3280, 2-24-2020)
A. The city commission may, by resolution, at its sole discretion, waive the imposition of a portion or all of any fee imposed by the provisions of Title 3 of the city code for an affordable housing project.
B. For purposes of this section “affordable housing project” is defined as a housing project intended to house:
1. Homeless or disabled persons, as such terms are defined by the U.S. Department of Housing and Urban Development; or
2. Households with an annual income that does not exceed sixty percent (60%) of the area median income for the applicable household size in the Lewis and Clark County statistical area, as published by the U.S. Department of Housing and Urban Development.
C. A developer seeking waiver of fees pursuant to this section must submit an application, provided by the city, prior to the issuance of any certificates of occupancy for the project that is subject to the waiver request.
D. To grant a waiver of fees the city commission must find that:
1. The project meets the definition of an “affordable housing project;” and
2. The proposed waiver will not jeopardize the financial interests of the city. In making this determination, the city commission may consider any of the following factors:
a. The size of the project;
b. The number of persons proposed to be served;
c. The financial capability of the applicant to pursue the project without fee waiver;
d. The length of time the project is guaranteed to remain affordable;
e. The manner in which the applicant has guaranteed the project will remain affordable; and
f. Any other factor the city commission deems relevant.
E. The city commission may condition the waiver of fees to ensure the project remains affordable. Conditions imposed by the city commission can include, but are not limited to:
1. Time limitations;
2. Written agreements;
3. Guarantees;
4. Proof of income verification;
5. Annual certification of rents; and
6. Annual certifications of compliance.
F. The city must keep a record of all waivers of fees granted pursuant to this section.
G. If the city determines that an affordable housing project has violated any condition imposed, the city may seek the full balance of the waived fees, which may be attached as a lien against the property. (Ord. 3277, 12-9-2019; amd. Ord. 3280, 2-24-2020)
Any contractor who performs work without a permit when a permit is required by the applicable enforced code may have that contractor’s city business license suspended or revoked as provided for in Title 4 of this code and be subject to any applicable penalties. (Ord. 3151, 4-23-2012; amd. Ord. 3277, 12-9-2019; Ord. 3280, 2-24-2020)