1317.02 BIENNIAL COMMERCIAL OCCUPANCY PERMIT; FEE .

   (a)   Every owner, agent, lessee or party in control of a commercial structure in the City shall apply for a biennial Commercial Occupancy Permit or an Exemption from the Permit requirement, no later than December 31 of the year immediately prior to the first year of each two-year Permit period. No commercial structure shall be occupied unless a Commercial Occupancy Permit has been issued for the structure. The Commissioner may issue a temporary Permit to allow occupation or continued occupation of a commercial structure pending a full review of a pending application at the discretion of the Commissioner. The first two-year period for commercial structures occupied as of the effective date of this section shall begin on January 1, 2006, and applications for said period for existing occupied structures shall be submitted no later than March 1, 2006. For structures occupied after March 1, 2006, the permit shall be effective for the two-year period including the calendar year in which the permit is issued and the following calendar year.

   (b)    Application for the biennial Commercial Occupancy Permit shall be made with the Commissioner of Building by the owner, agent, lessee or party in control, and prospective occupant, of the commercial structure.

   (c)    The application shall include at least the following information:

      (1)   The street address of the commercial structure or specific address of the part thereof if the entire structure is not involved.

      (2)   The name and address of the owner of the structure, the Federal employer identification number or social security number of the owner of the structure, the Federal employer identification number or social security number of the person who will occupy the premises (if different from the owner), resident agent, if any, prospective occupant for which application is being made, agent or person in charge of the structure, and the telephone numbers where such persons may be reached during normal business hours. Each information form shall state that the information is necessary for tax purposes.

      (3)   The proposed use of the structure and hours of operation.

      (4)   The date of issuance of the special use permit, if any.

      (5)   The number of employees of the prospective occupant.

      (6)   An estimate of the peak number of users (e.g., visitors and customers), and of the time when that peak would usually take place.

      (7)   A sketch showing the number and placement of parking spaces to be made available to the prospective occupant.

      (8)   A statement by the owner, agent or other person in charge or control of the structure, and the prospective occupant, as to the party responsible for maintenance or repair of the structure.

      (9)   A statement as to whether the change of occupancy is being made pursuant to sale, lease, rental or change of use.

   (d)   A nonrefundable fee of one hundred dollars ($100.00) shall accompany each application for a biennial Commercial Occupancy Permit. There shall be no charge for the filing of an application for an Exemption from the Permit if submitted timely. An application is considered complete only when all information required on the form is accurately, legibly and fully provided and when the fee is paid.

   (e)   The fee for an application for a Permit, including a renewal, or an Exemption from the Permit requirement, submitted after the date on which the application is due shall be one hundred twenty five dollars ($125.00). An application is considered submitted only when it is complete as defined in this Section. If no application for a Permit or Exemption is submitted when required by this Section, the Commissioner shall charge the owner or operator one hundred twenty five dollars ($125.00).

   (f)    If the fee for a Permit or an Exemption is not paid as required, the Commissioner shall report the delinquency to the Director of Finance, who shall report the same to Council, which may thereupon assess the cost, together with the expense of assessing and collecting the same, upon the property for which the Permit or Exemption is required, and cause the assessment to be certified to the County Auditor for collection.
(Ord. 05-142. Enacted 12-19-05; Ord. 13-114. Enacted 12-16-13.)