A. No land shall be occupied or used in a manner different than that existing on the effective date hereof, and no building or structure hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Officer and Inspector stating that the building, structure or land improvement complies with all the building and health laws and the provisions of this Title. No change of use shall be made in any building, structure or land improvement or part thereof, now or hereafter erected or altered, without an occupancy permit having been issued by the Building Officer and Inspector, and no permit shall be issued to make such change unless it is in conformity with the provisions of this Title and amendments thereto. Nothing in this Chapter shall prevent the continuance of the present occupancy or use of any existing building, structure or lane improvement, except as may be necessary for the safety of life and property.
B. No certificate of occupancy permit for a change of use in an existing building, structure or land improvement shall be issued until the premises have been inspected and certified by the Building Officer and Inspector to be in compliance with applicable requirements for the zoning district in which it is located.
C. Application for a certificate of occupancy shall be made coincident with the application for a zoning certificate and shall be issued within ten (10) days after the erection or alteration of the building or structure has been completed. A record of all certificates of occupancy shall be kept on file in the office of the Building Officer and Inspector and copies shall be furnished on request to any person having proprietary or tenancy interest in the land, building or structure affected. A fee of five dollars ($5.00) shall be charged for each original certificate, and one dollar ($1.00) for each copy thereof.
D. Pending the issuance of a regular certificate of occupancy, a temporary permit may be issued to be valid for a period not to exceed six (6) months from its date, during the completion of any building, structure or land improvement or during partial occupancy thereof. Application for a temporary permit shall be accompanied with a statement covering the items of work to be completed and the reasons the temporary permit is requested. (Ord., 5-15-1974)
E. Notwithstanding any above provisions prohibiting the issuance of occupancy permits for residential, commercial or industrial buildings prior to the completion of the construction and installation of facilities, within the construction thereof, the Building Officer and Inspector, at his discretion, may issue or cause to be issued an occupancy permit for such buildings, the construction of which is incomplete, when in the determination of the Building Officer and Inspector the issuance of such occupancy permit will not affect the health, safety and welfare of the occupants of such buildings nor of other persons who may be on the premises and site of such buildings.
The Building Officer and Inspector shall, prior to the issuance of such occupancy permit, require the owner of such building or the construction contractor thereof, or both, to deposit with the Village the sum of money in cash, bond, or letter of credit which he deems sufficient in amount to complete the construction of said building or the installation or required facilities therein and any land improvements required by code, plus twenty five percent (25%). No such occupancy permit shall be issued until and unless such deposit shall have been made prior to the completion of the construction otherwise required by this Section.
Examples of items that are not completed that the Building Officer and Inspector may consider in issuing an occupancy permit when construction is not complete include, but are not limited to the following: gutters, down spouts, patios, decks, cabinets, fixtures, yard grading, driveways, unfinished bathrooms, unfinished second floors in two (2) story homes, damaged sidewalks, window well drains, exterior caulking and interior trim.
Said deposit shall be held in a separate account by the Village and shall be returned to the person depositing the same upon the Building Officer and Inspector's written statement that the unfinished construction for which such deposit was required has been completed in accordance with the provisions so stipulated by ordinance.
All construction work for which said deposit is being held must be completed no later than six (6) months from date of occupancy. Any portion remaining unfinished after the six (6) month period shall be just cause for the forfeiture of the total amount deposited. (Ord. 1996-18, 7-9-1996)