(a) The Building Inspector shall not issue a building permit to a non-owner occupant- applicant who presently is or has constructed a structure within the Village that is constructed in violation of this Building Code and has not been corrected in accordance with requirements of this Building Code at the time the application for a new permit is made.
(b) The Inspector shall advise the non-owner occupant-applicant wherein he is in default or in some respect failing to comply with this Building Code and shall inform such person that a new permit will issue upon compliance with the provisions of this Building Code and upon correction of any defects or deficiencies.
(Ord. 1985-69. Passed 12-9-85.)
(c) The Building Inspector shall not issue a building permit to any individual, firm, corporation, partnership, or other entity which is in arrears in any of the following trust and agency accounts at the time of their application for the building permit.
(1) Deposits for conditional use permits, development approval, zoning amendments, or variances made pursuant to the applicable provisions of the Village Zoning Code.
(2) Deposits for Engineer’s review, plot plan review, seeding or erosion control, pursuant to Chapter 1466 of the Codified Ordinances.
(3) Any deposits made for purposes of commercial architectural review by the Village or Architectural Board of Review review.
(4) Any deposits for subdivision review made pursuant to the Village’s subdivision rules.
Prior to issuing any building permit, the Building Inspector shall review the status of the applicable trust and agency accounts where such deposits are held and, if any arrearage is discovered in any such account which is the responsibility of the applicant, such building permit shall be withheld pending satisfactory payment to the Village of any such arrearage by applicant.
(d) The Building Inspector shall not issue a building permit to any individual, firm, corporation, partnership or other entity which has previously failed (after 1/1/88) to file a contractor’s wage statement with the Building Department, also identified as the “Contractor’s C.C.A. Tax Form CCA 120-61", as amended, within thirty days of substantial completion of any construction project which requires such statement, unless such form has been filed by the time of the request for the building permit.
(e) In the event the Building Inspector denies an applicant a building permit based upon paragraphs (a), (c) or (d) of this section, the applicant shall have the right to appeal such denial by filing a written notice of appeal with the Fiscal Officer who shall place such appeal on the agenda of the next regularly scheduled Council meeting. The notice of appeal shall state the basis for such appeal with particularity including any alleged error in the decision of the Building Inspector of Building Department. Council may hear such appeal at its next regularly scheduled meeting or establish a date for a special meeting for purposes of hearing such appeal, but in no event shall such hearing be held later than thirty days beyond the date of the filing of the notice, unless appellant consents to a continuance.
At such hearing, appellant shall have the right to present witnesses and other evidence, and to cross-examine any witness testifying against him. Council shall thereafter render its decision, reached by majority vote, within ten days. (Ord. 1991-33. Passed 6-10-91.)