(A) General. The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official.
(B) Appointment. The code official shall be appointed by the President of the Village Board of Trustees of the jurisdiction.
(C) Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the President of the Village Board of Trustees, the code official shall have the authority to appoint a/an deputy(s). Such employees shall have powers as delegated by the code official.
(D) Liability. The code official, member of the Board of Appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code.
(E) Permit to occupy.
(1) Permit required.
(a) It shall be unlawful for any person owner or agent thereof to occupy or use, or to permit any person to occupy or use any premises for any purpose including the movement of furniture, equipment or other personal property into said premises until a permit to occupy has been issued by the code official. The permit so issued shall state that the condition of the premises and its proposed occupation complies with all of the provisions of this code as far as can be determined by a visual inspections of the premises and a review of the records.
(b) Exception. Persons legally and continually occupying a premise prior to December 1, 2015 shall not be required to obtain a permit to occupy.
(2) Application for occupancy. It shall be unlawful for any person to knowingly make any false statements on an application for permit to occupy a dwelling unit as to the names, relationships, ages, or number of occupants who will occupy the dwelling unit. One of the following documents shall be submitted with application: copy of lease, sales contract or closing papers.
(3) Action on an application. The code official shall examine or cause to be examined all applications for permits within a reasonable time after filing. No certificate of occupancy will be issued until an inspection of the premises has been completed and approved. No inspection shall be required for a dwelling unit that is less than five years of age.
(4) Suspension of permit. Any permit issued shall become invalid if the occupancy is not commenced within six months after issuance of the permit.
(5) Revocation of permit. The code official may revoke a permit in case of any false statement or misrepresentation of facts in the application on which a permit was based, or in the event a structure or part thereof is condemned pursuant to this code.
(F) Fees. The fees for activities and services performed by the Department in carrying out its responsibilities under this code shall be indicated in the following schedule.
(1) Inspection permit fee of $50 per unit shall be paid prior to the village conducting an inspection of a multi-family rental structure (apartments). It shall be the responsibility of the property owner/agent to make advance payment of the fee and schedule the required inspection with the village. An inspection shall be valid for a period of one year. The dwelling unit does not have to be re-inspected during that period, even if the occupancy changes.
(2) Inspection permit fee of $100 shall be paid prior to the village conducting an inspection of a single family residence. It shall be the responsibility of the property owner/agent to make advance payment of the fee and schedule the required inspection with the village. An inspection shall be valid for a period of one year. The dwelling unit does not have to be reinspected during that period, even if the occupancy changes.
(3) Inspection permit fee of $75 shall be paid prior to the village conducting an inspection of a manufactured/mobile home. It shall be the responsibility of the property owner/agent to make advance payment of the fee and schedule the required inspection with the village. An inspection shall be valid for a period of one year. The dwelling unit does not have to be re-inspected during that period, even if the occupancy changes.
(4) Inspection permit fee of $100 shall be paid prior to the village conducting an inspection of a duplex/condominium. It shall be the responsibility of the property owner/agent to make advance payment of the fee and schedule the required inspection with the village. An inspection shall be valid for a period of one year. The dwelling unit does not have to be reinspected during that period, even if the occupancy changes.
(5) A copy of an existing certificate of occupancy shall be a fee of $20.
(6) The certificate of occupancy fee of $30 shall be paid at the time certificate is issued. It shall be the responsibility of the tenant/occupant to apply for certificate of occupancy after application for occupancy has been approved.
(7) (a) A re-inspection fee of $50 shall be paid when initial inspections fail or no access to structure. It shall be the responsibility of the property owner/agent to make the advance payment prior to scheduling a re-inspection.
(b) Exception. For inspections that fail for minor code violations the Building and Zoning Director shall use their discretion in waiving the re-inspection fee.
(8) All fees shall be non-refundable.
(Ord. 1806, passed 2-5-2018)