(a) No vacant land, structure or building, unoccupied for a period of six (6) months, hereafter erected, altered or occupied, shall be used in whole or part without a Certificate of Occupancy from the Municipal Building and Zoning Inspector stating that the construction and the use of the building or premises complies and conforms with the ordinances, codes and regulations of the City of Twinsburg, Ohio, as well as all plans and drawings required and approved by the City. (see also §1153.04 C.O.T.) 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 (5) days after the Municipal 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 Municipal 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 (6) 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 of Twinsburg have been complied with and all items completed, except that any 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 must be constructed and maintained with materials acceptable to the City Building Commissioner.)
(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 issue.
(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 City Engineer or Building and Zoning Inspector equal to one hundred and fifteen percent (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 City Engineer or Building 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 (6) 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 (30) 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 monies 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 §1323.99 C.O.T. Monies held in escrow may be directed toward the payment of any penalties assessed under §1323.99. (Ord. 87-1989. Passed 7-11-89.)