(A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“CERTIFICATE OF COMPLIANCE.” A building or demolition permit to be issued by the city by and through the Mayor and City Council or duly authorized representative.
“SQUARE FOOTAGE.” The number of square feet on every floor, including all finished portions of basements, calculated to the outside of exterior walls.
“CONSTRUCTION OF IMPROVEMENTS.” Any new construction or addition hereto which new construction or addition may be considered a fixture to real estate, including but not limited to, residential, commercial, industrial or other buildings of all kinds, including but not limited to, swimming pools, driveways, parking pads or outbuildings.
(B) No person, firm, or entity shall begin construction or demolition or engage in the construction or demolition of any improvement as defined herein without first having applied to and obtained from the city a certificate of compliance.
(C) Fees payable to the city for certificates of compliance shall be as follows:
(1) Construction or demolition on residential property, five ($.05) cents per square foot;
(2) Construction or demolition on property other than residential property eight ($.08) cents per square foot;
(3) No fee assessed under this section shall be less than thirty ($30) dollars.
(4) Entities which build wheelchair ramps or other structures for the purpose of creating accessibility for handicapped persons are hereby specifically made exempt from payment of fees as provided for in this section.
(D) (1)As a condition precedent to the issuance of a certificate of compliance, a bond or deposit shall be made to the city by the individual or entity involved in the construction or demolition of construction for the purpose of assuring that the work to be done is in compliance with all applicable city ordinances. The amount of the deposit shall be three hundred ($300.00) dollars for a single family residential unit, two thousand ($2000.00) dollars for a multi-family residential unit and five ($.05) cents per square foot, but not less than two thousand ($2000.00) dollars for commercial or industrial construction. Projects which will require the expenditure of no more than two thousand ($2000.00) dollars shall be exempt from this section.
(2) Upon completion of the project and satisfaction of all sections of this and other applicable ordinances, statutes and regulations, funds on deposit with the city shall be refunded to the recipient of the certificate of compliance.
(E) Certificates of compliance issued hereunder shall be displayed on the premises in a conspicuous location when construction or demolition begins, and shall remain displayed during the entire period of construction or demolition.
(F) (1) A certificate of compliance shall expire or terminate three (3) months from the date of the construction, if required has been obtained and the construction of authorized improvements(s) has in good faith begun. If the certificate was issued for wrecking, demolition or removal of a building, the certificate of compliance shall expire if work has not in good faith begun within thirty (30) days from the date of issue.
(2) If construction was begun in accordance with subsection (a), a certificate of compliance for any type of building or addition shall terminate twelve (12) months from its date unless the improvement is completed within that time.
(G) Applicants hereunder shall be responsible for making adequate provisions for drainage, both during the period of construction or demolition and after work thereon is completed. Applicants shall ensure that water will not be diverted from its natural flow to the detriment of the land surrounding the real estate subject to certificates of compliance.
(H) If at any time during an applicant's project, he shall be found to be in violation of any section of this section or any work on any building or structure is bound to be contrary to the provisions of this section or any other ordinance of the city, or in a dangerous or unsafe manner, or the applicant by reason of set-offs shall not have made the required deposits with the city, that work shall immediately be stopped. The notice that work is to cease shall be in writing, and shall be given to the owner of the property, his agent, or any person at the work site who is in a position of authority and the notice shall state the conditions under which work may be resumed.
(I) The failure to construct, erect, maintain, wreck, demolish or remove a structure in accordance with the terms of the approved and issued certificate of compliance shall constitute a violation of this section.
(Ord. 5-2005, passed 2-21-05; Am. Ord. 19-2005, passed 7-5-05) Penalty, see § 150.99