(A) No building permit shall be issued for any lot or parcel in the village until such time as the applicant has deposited the sum required by this section for an occupancy permit to insure that an occupancy permit is issued on the subject property after full compliance with the regulations of the village. The amount of the deposit shall be $1,000 for each nonresidential building, and $500 per dwelling unit in residential buildings. Such deposit shall be by check or in cash. At the time of receipt, the occupancy permit escrow amount shall be deposited in a separate fund to be known as the occupancy permit escrow fund and in a separate interest-bearing bank account.
(B) At such time when the final inspection has been made of the subject property and if all requirements of the village have been met, the Building Administrator shall issue an occupancy permit. The Village Collector, upon notification by the Building Administrator, will then refund to the applicant, without interest, the amount of the appropriate occupancy permit escrow fund. Such amount shall not be returned to the applicant until such time as the Building Administrator certifies in writing that all requirements have been met. If any building or unit is not in full compliance with the regulations of the village, and the applicant has failed to bring it into full compliance within 30 days after written notice from the village to do so, the occupancy permit escrow shall be forfeited to the village.
(C) It shall be the responsibility of the applicant to request a refund of the occupancy permit escrow fund amount, and if no such request is received within three years from the date the deposit was made, then the village shall be entitled to use any amount remaining in said occupancy permit escrow fund for general corporate purposes.
(D) Occupation of any building or unit prior to the issuance of an occupancy certificate by the Building Administrator, shall result in the following:
(1) Total deposit monies herein shall be forfeited to the village.
(2) Upon notice and appropriate hearing as otherwise provided in this code, the village will immediately turn off the water service to the property and service shall not be resumed until such time as the village issues an occupancy permit.
(3) The penalties set forth in § 150.999 shall apply, including monetary penalties and barring, for a set period of time, the issuance of building permits to contractors in violation.
(Ord. 05-05, passed 4-18-05; Am. Ord. 05-33, passed 3-27-06)