(A) Prohibition. It shall be unlawful to occupy or use, or permit the occupancy or use of any building or premises or part thereof, hereafter created, erected, changed or converted wholly or partly, until a certificate of occupancy has been issued and indicates that the building or premises or the part thereof so created, erected, changed or converted, and the proposed use thereof, conform to the provisions of this subchapter.
(B) Conditional certificate of occupancy.
(1) A conditional certificate of occupancy may be issued:
(a) When the structure created, erected, changed or converted is nearly complete;
(b) Use or occupancy of the premises will not, in the opinion of the Director of Community Development, present a hazard to the occupant;
(c) The owner enters into a written agreement with the city in a form approved by the City Attorney and containing at least the terms set forth below in divisions (B)(2)(a) through (B)(2)(f) below; and
(d) Posts a cash bond in a sum equal to the cost of the work remaining to be completed, but in any event no less than an amount as set by Council.
(2) The agreement required pursuant to division (B)(1)(c) above shall provide:
(a) That the owner will make all corrections indicated on the final inspection check sheet within six months of the issuance of the conditional certificate of occupancy;
(b) That the owner will permit the reinspection of the subject premises within the six-month period in order to verify the corrections;
(c) That failure to make the corrections within the six-month period shall be cause for the city to record a notice of the deficiencies on the final inspection check sheet with the County Recorder of Deeds;
(d) That the owner will defend, indemnify and hold harmless the city, its officers, designees and employees from any and all claims, loss or damages which may be incurred by reason of occupancy of the premises prior to the issuance of a final certificate of occupancy;
(e) That the owner, in consideration of the granting of the conditional certificate of occupancy, agrees to complete or correct the items listed on the final inspection check sheet; and
(f) That, subject to the provisions of § 150.153, the city shall return the cash bond required pursuant to this division (B) upon the owner’s full and timely satisfaction of the owner’s obligations under the agreement.
(C) Certificate of use. It shall be unlawful to occupy or use or permit the occupancy or use of any nonhabitable building or premises or part thereof, hereafter created, erected, changed or converted wholly or partly, until a certificate of use, to the effect that the building or premises or the part thereof so created, erected, changed or converted, and the proposed use thereof, conform to the provisions of this chapter.
(Prior Code, § 9-82) (Ord. 94-11B, passed 4-21-1994; Ord. 03-60, passed 11-20-2003) Penalty, see § 150.999