(A) No certificate of occupancy for any building or structure erected, altered or repaired after the adoption of this subchapter shall be issued unless such building or structure was erected, altered or repaired in compliance with the provisions of the subchapter. It shall be unlawful to occupy any such building or structure unless a full, partial or temporary certificate of occupancy has been issued by the Building Commissioner.
(B) In addition, lot inspections shall be required prior to the issuance of a certificate of occupancy. Upon the request of the permit holder for the first final inspection of a given discipline (plumbing, electrical or building), the lot inspection shall be made within 48 hours of the request (exclusive of weekends and/or holidays) in the same manner as all other inspections.
(C) Some lot improvements are weather dependent such as the installation of sidewalks and driveways, final grading, sodding, seeding and the like.
(1) In the event that weather is a genuine factor in a lot lacking all of the final required improvements, an occupancy permit may be issued subject to the withholding of the occupancy escrow, until such time as all of the conditions required for a satisfactory lot inspection have been met.
(2) Failure to complete all final required lot improvements within one year of the initial lot inspection shall result in the forfeiture of the escrow as required by the building permit application.
(3) Forfeiture of the escrow does not void the builder’s responsibility to complete the lot improvements. Forfeited escrows will be used to help complete the lot improvements to the extent they are able to do so.
(a) Workmanship. All work on the construction, alteration and repair of buildings and other structures shall be performed in a good and workmanlike manner according to accepted standards and practices in the trade.
(b) Violations. It shall be unlawful for any person, firm or corporation, whether as owner, lessee, sub-lessee or occupant, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure, other than fences, in the town, or cause or permit the same to be done, contrary to or in violation of the provisions of this Code.
(c) Right of appeal. All persons shall have the right to appeal the Building Commissioner’s decision first through the Board of Zoning Appeals and then to the Fire Prevention and Building Safety Commission of Indiana in accordance with the provisions of I.C. 4-21-13-2-7 and 4-21.5-3-7.
(d) Remedies. The Building Commissioner shall, in the name of the town, bring actions in the Criminal or Civil Courts of the county, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Building Commissioner, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this subchapter.
(Ord. 2009-749, passed 9-8-2009) Penalty, see § 152.99