1397.05 ISSUANCE.
   (a)    If upon inspection of such premises, the Building Commissioner determines that it complies with the codes, ordinances and regulations set forth in Section 1397.04, he shall issue the occupancy permit.
   (b)    If, upon inspection of such premises, the Commissioner determines that there is a violation of the Business Code, the Building Code, Fire Prevention Code or Zoning Code of the City, or other ordinances and regulations of the City applicable to the premises, he shall refuse to issue an occupancy permit until such time as the violation is corrected.
   (c)    All occupancy permits shall be issued in the name of the prospective occupant.
   (d)    An occupancy permit shall become void under any of the following circumstances:
      (1)    If any false statement has been made or any required information withheld by the applicant for a permit issued;
      (2)    For noncompliance of a use of premises with the requirements of this Building Code or other applicable codes, ordinances or regulations as hereinabove cited.
(3)   For refusal or failure of the occupant, operator, lessor, lessee or owner of the premises which is the subject to such permit, to comply with the provisions of this Business Maintenance Code or written order of the Building Commissioner issued pursuant to such provisions; or
      (4)   A change in the occupancy, tenancy or use of a business structure, or business unit or part thereof covered by the occupancy permit.
   (e)   Every improved lot in the City shall have a sidewalk across the entire frontage of the lot, within the right of way, five feet in width, located, constructed and maintained in accordance with the standards established by the City Engineer. Any street or part of a street with existing single-family residences not having sidewalks on the date of adoption of this section shall not be required to comply until the further order of Council. Before any certificate of occupancy is issued by the Building Commissioner for any new building a sidewalk shall first be constructed and installed across the frontage of the lot. If the Building Commissioner determines that compliance is impossible as a result of weather conditions, then the Building Commissioner shall require the applicant for a certificate of occupancy to deposit a cash bond with the City for the cost of constructing said sidewalk. Such bond shall be deposited with the Finance Director, subject to his or her regulations. The Building Commissioner shall direct the property owner to construct and install the required sidewalk at the earliest time that weather conditions permit. In the event that the property owner defaults, after thirty days’ written notice, the City may use the cash bond deposited by the owner. If the bond is insufficient, the Building Commissioner shall give thirty days written notice to the property owner to pay the outstanding balance, and, if unpaid, the sum shall be referred to the Law Director for collection.
(Ord. 2023-048. Passed 4-18-23.)