A. Occupancy Certificates: 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 certificate shall first have been obtained from the village certifying that the proposed use or occupancy complies with all provisions of this chapter and section 9-4-2 of this code. The building official shall approve such certificate of occupancy.
1. Application For Occupancy Certificate: Every application for a building permit shall be deemed an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land or structures where no building permit is required shall be filed with the building official and be in such a form and contain such information as the building official may prescribe.
2. Issuance Of Occupancy Certificate: No occupancy certificate for a structure or addition thereto to be 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 spaces and site landscaping, and the premises inspected by the building official or his duly authorized agent and determined to be in full and complete compliance with the plans and specifications upon which the issuance of the building permit was based. Pending the issuance of a permanent occupancy certificate, a temporary occupancy certificate may be issued to be valid for a period of time not to exceed six (6) months from its date of issuance. A cash bond in an amount equal to one hundred fifty percent (150%) of the village's estimate of completion costs shall be submitted with any application for a temporary occupancy certificate. A temporary occupancy certificate shall contain such conditions as the building official may prescribe.
3. Requirements For Granting Occupancy Certificate: No occupancy certificate shall be granted for the use of any building or structure within a subdivision or lot division approved under this title until storm water detention including restoration, underground utilities, streets up to the binder course, street signs and streetlights are installed and operable.
4. Landscape/Second Lot Grading Survey Guarantee Deposit: In addition to any other fees payable at the time that a certificate of occupancy shall be issued, there shall be deposited with the village, cash adequate security in the amount of one thousand five hundred dollars ($1,500.00) per lot which shall be known as the landscape/second lot grading survey guarantee deposit. The deposit shall be in addition to any project performance bond or letter of credit previously established with regard to the property. The purpose of this landscape/second lot grading survey guarantee deposit shall be to assure that the individual lot has been properly graded and that the final landscaping conforms to the approved grading plan. The village shall return the amount of the deposit or release the amount of the security as soon as a second lot grading survey meeting the requirements of subsection 8-1-6D of this chapter is submitted to and approved by the community development department. The amount of the landscaping guarantee deposit shall be held or remain available for the benefit of the village until approval by the village of the second lot grading survey. The village shall notify the person depositing the landscape guarantee deposit of any specific defect existing in the drainage of the lot. In the event that the defect is not corrected after reasonable notice, the village may utilize the funds to correct the defect. Provided, however, that the utilization of this grading guarantee deposit shall not prevent the village from taking other action against the person responsible for the defect in drainage. Without regard to any other provision of this title, the village shall not release the grading guarantee deposit until the entire area immediately affected by the drainage characteristics of the individual lot shall have also been found to comply with the ordinances of the village relating to drainage.
5. Occupancy Variance Deposit: A variance from any part of the requirements for the issuance of a certificate of occupancy for single-family lots may be granted by the village community development director in light of an inability of the builder to complete such requirements due to inclement weather or upon other good cause shown. When a variance is so issued, there shall be deposited with the village a cash payment commensurate with the cost of the unfinished item(s) per lot, which shall be known as the occupancy variance deposit. The purpose of this occupancy variance deposit shall be to assure that the items not completed will be completed within sixty (60) days after the weather, soil conditions or other impediment to completion allows for the uncompleted work to be finished. The village shall hold the amount of the deposit until the work has been completed. In the event that the defect is not corrected within the sixty (60) day period set forth above, the village may, after reasonable notice to the individual or entity having so deposited said funds, utilize the funds to correct the defect. Provided, however, that the utilization of this occupancy variance deposit shall not prevent the village from taking other action against the person responsible for the defect preventing the issuance of the certificate of occupancy, including, but not limited to, the filing of a lawsuit for injunction, writ of mandamus, ordinance violation or the revocation of the occupancy permit. Without regard to any provision contained within this title, the village shall not release the occupancy variance deposit until the entire area immediately affected by the uncompleted items of the individual lot shall have also been found to comply with the ordinances of the village. In the event that the conditions of the occupancy variance and/or the conditions of the certificate of occupancy are not satisfied, the village shall be entitled to take any action against the person responsible for the defect preventing the compliance, including, but not limited to, the filing of a lawsuit for injunction, writ of mandamus, ordinance violation or the revocation of the occupancy permit.
B. Supplemental Requirements: Notwithstanding any provision within this chapter to the contrary, the following conditions, improvements and supplemental documentation 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 remitted.
2. Any replacement or repair to damaged curbs and gutters, streets, sidewalk, driveway and street lighting shall be completed.
3. Address numbers clearly visible from the street shall be affixed to the building.
4. Applicant shall be in full compliance with all village codes.
5. The property owner of any/all buildings containing mechanical or meter rooms shall provide the village with a set of keys to said room or rooms. In the event that the locks to these rooms are changed, owner shall provide village with an updated set of keys to said room or rooms within twelve (12) hours of said change. (Ord. 2008-O-005, 1-14-2008)