§ 150.42 CERTIFICATE OF OCCUPANCY; REQUIREMENTS.
   (A)   No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Director has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this chapter or of other ordinances of the town. Certificates presuming to give authority to violate or cancel the provisions of this chapter or other ordinances of the town shall not be valid.
   (B)   Before a certificate of occupancy will be issued, the following requirements shall be met:
      (1)   The dwelling unit and/or structure must be completed to the extent that the occupant's safety and health will not be endangered.
      (2)   All utility services used must be permanently connected and be operating. This includes sewer, water, gas and electricity.
      (3)   Property address numbers must be displayed on the front of the structure next to the front entrance, and if possible under the front door entrance light. The numbers must be at least four inches in height and be contrasting in color with the background.
      (4)   All exterior doors must have the stoop, handrails (where needed), and the appropriate steps permanently installed. These installations must have a deep and firm enough bearing to prevent heaving and settling in the future.
      (5)   All front or main entrances must have a safe and suitable walkway extending to the sidewalk or to the driveway.
      (6)   Driveways of a hard surface at least 16 feet in width shall be installed according to the specifications set forth in Chapter 154. Driveways shall not extend into the street curb and gutter system as to obstruct the flow of water in the gutter.
      (7)   The sidewalks as specified by town ordinances must be installed.
      (8)   Parkways and private yards must comply with Chapter 53.
      (9)   In all approved subdivisions, all appropriate street signs, as specified by Chapter 154, must meet Street Department specifications and be in the proper place for the street in which the dwelling unit is located.
      (10)   The street on which the dwelling unit is located must have two inches binder course over base.
      (11)   All required fire hydrants must be installed and operating properly. The fire hydrant's outlets must be facing as specified by the Fire Department.
      (12)   In areas where the Postmaster requests mail boxes be grouped, a mounting rack must be provided for the occupant’s mail box.
      (13)   (a)   In the event that the requirements set forth in divisions (B)(4), (5), (6), (7) and (8) cannot be met for any valid reason a permit may be issued upon the filing of a bond or a cash escrow deposit adequate to insure the completion of each item. The applicant shall submit estimates for each of the unfinished items to the Director for review and determination of the final amount of the bond or escrow deposit.
         (b)   All unfinished work shall be completed within eight months from the issuance of the occupancy permit, or if not completed, the bond and/or cash deposit shall be forfeited to the town which shall have the right, by and through its agents and/or employees, to use said funds and to enter upon the premises to complete the required work.
         (c)   Upon completion of each requirement, the Director shall be notified by the applicant. Upon such notification, the Director shall conduct an inspection and upon approval by the Director, the applicable portion of the security may be released by the Town Clerk-Treasurer. If the Director does not approve the installation of the specific requirements, the Director shall notify the applicant in writing giving the reasons for disapproval.
         (d)   In the event that a lending institution requires an escrow account to be retained to cover such unfinished work, then the town may, upon the submission of adequate proof of the
existence of the escrow by an authorized representative of the lending institution, accept said escrow account in lieu of an additional bond and/or cash deposit with the town at the time of the issuance of the occupancy permit.
   (C)   The Director is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Director shall set a time period during which the temporary certificate of occupancy is valid.
   (D)   The Director shall, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this chapter wherever the certificate is issued in error, or on the basis of incorrect information supplied or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this chapter.
(Ord. 2011-16, passed 12-27-11) Penalty, see § 10.99