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It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof, hereafter created, changed, converted or enlarged, wholly or partly, until a certificate of occupancy, which shall be a part of the building permit, shall have been issued by the Building Inspector. Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this Ordinance. It shall be the duty of the Building Inspector to issue a certificate of occupancy provided that he has checked and is satisfied that the building and the proposed use thereof conform with all the requirements of this Ordinance and the Building Code. No permit for excavation or construction shall be issued by the Building Inspector before he is satisfied that the plans, specifications, and intended use conform to the provisions of this ordinance.
Upon written request from the fee owner, the Building Inspector shall issue a certificate of occupancy for any building or premises existing at the time of enactment of this Ordinance, certifying, after inspection, the extent and kind of use made of the building or premises, and whether such use conforms with the provisions of this Ordinance.
A certificate of occupancy shall be required of all lawful nonconforming uses of land or buildings created by this Ordinance. A fee as provided for in SECTION 19.0 of this Ordinance shall be charged for said certificate. Applications for such certificates of occupancy for nonconforming uses of land and buildings shall be filed with the Building Inspector by the owner or lessee of the land or building occupied by such nonconforming uses within six (6) consecutive calendar months of the effective date of this Ordinance. Failure to apply for such certificate of occupancy will place upon the owner and lessee the entire burden of proof that such use of land or buildings lawfully existed on the affective date of this Ordinance. It shall be the duty of the Building Inspector to issue a certificate of occupancy for lawful nonconforming uses upon application and such certificate shall identify the intent to which the nonconforming uses exist at the time of issuance of such certificate.
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator. The Zoning Administrator shall record properly such complaint, immediately investigate, and take action thereon as provided by this Ordinance and the State Statutes, Commonwealth of Kentucky.
Any person or entity violating any of the provisions herein shall, upon conviction in the Campbell District Court, be guilty of a Class B misdemeanor and shall be subject to fine and/or imprisonment in accordance with the penalties for a Class B misdemeanor as provided for in the Kentucky Revised Statutes.
(Am. Ord. O-2014-017, passed 9-22-2014; Am. Ord. O-2016-024, passed 12-12-16)
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