(A) As referenced in this section, COMMERCIAL PROPERTY shall be defined as any property located within the Highway Business, Planned Business, Light Industrial or Heavy Industrial Zoning Districts used for non-residential purposes. In addition, any residential property wherein a home occupation has been authorized by the Zoning Administrator is not subject to the provisions of this section.
(B) Prior to every occupancy of every existing commercial property or part thereof, the Code Administrator and the Fire Chief shall cause an inspection to be made of the exterior and interior of the building and the property on which it is located to determine that the building and property are in compliance with all zoning, building and fire safety codes of the village.
(C) The building owner, owner’s agent, tenant or other person responsible for the building or part of the building to be occupied shall notify the Code Administrator of the intent to occupy the building.
(D) The designated representatives of the Code Administrator and the Fire Chief shall provide verbal notice of the inspection date and time to the owner, owner’s agent, tenant or other person responsible for the building or part of the building to be occupied. The owner, owner’s agent, tenant or other person responsible for the property and building or part thereof to be occupied shall not deny entry onto the property or the premises. If entry is refused, the Code Administrator or Fire Chief shall have recourse to the remedies provided by law to secure entry.
(E) The Fire Chief, upon completion of the inspection by the Fire Department, shall report his or her findings to the Code Administrator. The Code Administrator shall notify the owner of the results of the inspections by the Building and Zoning Department and the Fire Department.
(F) If the building and property are in compliance with all zoning, building and fire safety codes of the village, and if payment of the inspection fees has been received, the Code Administrator shall be authorized to allow occupancy of the building.
(G) If violations of the various building and fire safety codes are determined to exist, a written notice of violation and order to correct, in accordance with the applicable codes, shall be issued to the building owner by the Code Administrator. The building owner shall correct all violations prior to the occupancy. Authorization to occupy the building shall not be granted by the Code Administrator and the Fire Chief until an inspection has been conducted by the appropriate department(s) verifying that the violations have been corrected.
(H) If, at the time the building is re-inspected, code violations are found to exist, and in the judgment of the Code Administrator and Fire Chief, the conditions that are determined not to be in compliance would not materially affect the safety of the occupants and the public, the building owner may request permission to conditionally occupy the building. Said conditional occupancy may be authorized by the Code Administrator for a period not to exceed 30 days, and may be revoked at any time if the condition of the building or property warrants closure for the safety of the public and occupants. All violations shall be corrected within 30 days.
(I) The building owner may appeal the inspection findings in the manner provided in building and fire safety codes.
(Prior Code, § 15-105) (Ord. 1536, passed 12-1-2008)