The inspector shall, within three working days of the inspection or sooner, deny or grant a certificate of occupancy in the following manner:
(a) Issuance. Upon the determination by the inspector that the premises in question substantially comply with the BOCA National Property Maintenance Code, as adopted in Chapter 1480 of these Codified Ordinances, then such inspector shall issue the certificate of occupancy to the applicant within three working days, or sooner, from the date of such inspection.
(b) Pending Application. If the premises is determined to be in violation of any of the provisions of such Code, the inspector shall order the violations to be corrected within a specified period of time. A reinspection shall then be made and if the premises are in compliance, a certificate of occupancy shall be issued forthwith.
(c) Elimination of Code Violations. Any and all violations stated in the report of the inspector must be eliminated or corrected prior to the issuance of a certificate of occupancy. If any and all violations are not eliminated or corrected within the time specified in the report of the inspector, the owner shall be deemed to be in violation of this chapter and subject to the fines and penalties contained herein.
(d) Denial. If, after the inspector determines that the premises are not in compliance with all the provisions of the BOCA National Property Maintenance Code, and such compliance could not be effected prior to the scheduled occupancy of the premises, he or she shall set forth a reasonable time frame in which to correct these violations. After his or her reinspection of the premises and his or her finding that such corrections were not effected within the time frame set for such purpose, he or she shall thereupon serve notice or order denying the issuance of a certificate of occupancy and shall inform the owner, agent or person in charge of the premises of the penalty provisions as stipulated in the BOCA National Property Maintenance Code. However, the inspector shall withhold, for good cause, the issuance of the certificate of occupancy and prohibit the premises to be occupied until correction of the outstanding violations is achieved.
(e) Exception. In the event that the culmination of the sale of a premises would be jeopardized if violations are unable to be corrected within the specified time frame, a certificate of occupancy may be issued by the inspector if violations are not corrected, provided that all of the following are true.
(1) Security is posted with the Village in a sufficient amount to cover all expenses needed to correct the violations, but not less than five hundred dollars ($500.00) plus all reinspection fees and contingency expense.
(2) The new owner, in addition to posting the cash security bond, states in writing that he or she expressly undertakes and assumes responsibility for the corrections within a time frame not to exceed thirty days. The new owner shall also authorize the inspector to enter the dwelling within five working days after the required date of compliance to ascertain if the corrections have been made either by him or her or the previous owner.
(3) The original owner understands that the abatement of any of the violations found during the occupancy inspection is his or her responsibility, and in the event that the new owner refuses to accept responsibility for the repair of the violations under the provisions of paragraph (e)(2) hereof, he or she shall be required to abate the violations or be subject to the penalties contained herein.
(Ord. 809-A. Passed 3-14-94.)