§ 150.17 CERTIFICATES OF OCCUPANCY.
   (A)   Occupancy permits. No structures or additions thereto constructed, moved, remodeled or reconstructed after the effective date of this chapter shall be occupied and used for any purpose, and no land vacant on the effective date of this chapter shall be used for any other use, unless an occupancy permit shall first have been obtained from the village certifying that the proposed use or occupancy complies with all provisions of this chapter.
      (1)   Application for occupancy permit. Every application for a building permit shall be deemed an application for an occupancy permit. Every application for an occupancy permit for a new or changed use of land or structure where no building permit is required shall be filed with the Director of Fire and Building and be in such a form and contain such information as the Director of Fire and Building shall provide by general rule.
      (2)   Application for occupancy permits for commercial/industrial uses. All applications for an occupancy permit for any use to be located In a commercial/industrial district, whether or not a building permit is required, shall be accompanied by sufficient information to enable the Director of Fire and Building to inspect the premises prior to occupancy and determine that all the applicable performance standards of the village can and will be complied with at all times.
      (3)   Issuance of occupancy permit. No occupancy permit for a structure or addition thereto constructed, moved, remodeled or reconstructed after the effective date of this chapter shall be issued until such work has been completed, including off-street parking and loading spaces, and the premises have been inspected by the Director of Fire and Building and determined to be in full and complete compliance with the plans and specifications upon which the issuance of the building permit was based. No occupancy permit for a new use of any structure or land shall be issued until the premises have been inspected by the Director of Fire and Building and determined to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located. The Director of Fire and Building 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 or occupancy permits have been issued. All occupancy permits shall be executed by the Director of Fire and Building.
   (B)   Yielding of occupancy by contractor. A contractor shall not yield occupancy of a building to the owner or tenant, nor shall the building owner yield occupancy to a tenant until a certificate of occupancy for the building has been issued and posted.
   (C)   Re-inspection. If a building or any part thereof fails any aspect of a final inspection, the contractor shall correct violations of this chapter or other ordinances and then notify the village that the building is ready for re-inspection. When the village finds that the building is substantially completed after one or more re-inspections, it shall issue a certificate of occupancy.
   (D)   Supplemental requirements. Notwithstanding any provision in this chapter to the contrary, the following items shall be required prior to the issuance of a final occupancy certificate:
      (1)   All fees and charges due and payable to the village shall be paid.
      (2)   The water meter and raceway (conduit) for the remote water meter reader shall be installed and in service.
      (3)   The buffalo box (water shut off) shall be adjusted to grade, accessible and operable.
      (4)   Driveway and flatwork shall be completed.
      (5)   Any replacement or repair to damaged village right-of-way shall be completed.
      (6)   All yards and parkway areas shall be sodded or seeded.
      (7)   All other required landscaping shall be installed.
      (8)   Address numbers shall be affixed to the building.
      (9)   Final grading and "as built" survey submitted to and approved by Village Engineer.
      (10)   Final approval of Fire Department for applicable fire protection requirements.
      (11)   All required documentation from testing or certification agencies for equipment.
   (E)   Temporary occupancy permit. When in the opinion of the Director of Fire and Building a structure is substantially complete and meets the minimum life safety and health and sanitation codes but exterior work on the structure and final grading, landscaping or public improvements have not been completed due to weather, the Director may issue a temporary certificate of occupancy; provided that the builder or owner posts a cash bond in accordance with § 150.12; and further provided that the temporary certificate of occupancy shall expire no later than six months from the date of issuance. A temporary occupancy certificate shall contain such conditions as the Director of Fire and Building deems appropriate. In the event that any construction or building as to which a temporary occupancy permit has been issued has not been fully completed so as to comply with all applicable village ordinances at the end of six months, or at the end of any extension period granted by the Director, the Director of Fire and Building may require said premises to be vacated and to remain vacated until the premises fully comply with all applicable ordinances of the village.
(Ord. 1123, passed 1-28-20)