(a) No vacant land, structure or building hereafter erected or altered shall be occupied or used in whole or in part without a certificate of occupancy from the Building and Zoning Inspector stating that the construction and use of the building or premises complies and conforms with the ordinances, codes and regulations of the City, as well as all plans and drawings required and approved by the City. Without such compliance and conformance no certificate of occupancy shall be issued.
(b) Application for certificate of occupancy shall be made with the application for building permit or may be directly applied for where no building permit is necessary and shall be issued or refused in writing within five days after the Building and Zoning Inspector has been notified in writing that the building or premises is ready for occupancy.
(c) A record of all such certificates shall be kept in the office of the Building and Zoning Inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the property.
(d) In the event that weather conditions prevent the completion of a premises intended for occupancy, and in that event only, the Building and Zoning Inspector may issue a temporary occupancy permit upon application for a period not to exceed six months, except when such period is extended as provided below. Such permit shall issue, however, only when all requirements of the Zoning Code, Building Code and Regulations, Site Regulations and other regulations of the City have been complied with and all items completed, except that any or all of the following items need not be complete for issuance of a temporary permit:
(1) Final grading.
(2) Landscaping.
(3) Placement of lot pins and other monumentation.
(4) Sidewalks.
(5) Permanent driveway (However, a temporary drive in accordance with Section 1341.03(m) must be constructed and maintained).
(e) A temporary occupancy permit shall be applied for, on forms provided by the City, by the owner of the premises to be occupied and the builder or builders contracted to complete the work. Owners succeeding to the premises during the period of the temporary permit shall reapply together with the builder or builders then contracted to complete the work, but the duration of the original temporary permit shall apply and shall not be extended except as provided below. All applicants shall agree to the terms and conditions of the temporary permit and to the procedure outlined herein. Without such agreement no temporary permit shall be issued.
(f) Applicants for a temporary occupancy permit shall establish at the time of application, an escrow account as described herein. Such account shall have deposited into it an amount to be determined by the Engineer or Building and Zoning Inspector equal to 115% of the cost of work yet to be done hereunder and shall be established at a financial institution and under terms and conditions satisfactory to the City, which terms and conditions shall be prescribed on a form escrow agreement to be provided by the City. Such agreement shall specify that the Engineer or Building and Zoning Inspector shall have the sole authority to release funds so deposited to the builder/contractor completing the work required hereunder, and that he shall do so when the work is complete and in accordance with applicable regulations.
(g) Applicants for a temporary occupancy permit, to include both the owner and builder/contractor, shall complete the work necessary to obtain a permanent occupancy permit within six months of the date of issuance of the temporary permit. Such time limit shall not be extended except for severe weather conditions, in which event the time for completion may be extended by the Building and Zoning Inspector for a period not to exceed thirty days after the date construction becomes feasible, which date shall be ascertained by the Building and Zoning Inspector.
(h) Upon the satisfactory completion of the required work, a permanent occupancy permit shall be issued, and any unused moneys in escrow shall be returned to the applicants as their interests appear.
(i) If the required work remains undone after the time period or periods prescribed in subsection (g) hereof, each applicant shall be subject to the penalty prescribed in Section 1323.99. Moneys held in escrow may be directed toward the payment of any penalties assessed under Section 1323.99.
(Ord. 54-1978. Passed 7-25-78.)
(Ord. 54-1978. Passed 7-25-78.)