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A. Right of Entry: In order to safeguard the safety, health and welfare of the public, the director of building and zoning is authorized to attempt to obtain consent to enter at any reasonable time from any owner, occupant, or other person in charge of a building, structure or property subject to this code for the purpose of making inspections and performing duties under this code. Such owner, occupant, or other person in charge shall be informed that entry by the director of building and zoning is sought for the purpose of making inspection and performing duties under this code. Failure to give consent to entry under this section shall not be punishable by fine or imprisonment.
B. Search Warrant in Absence of Consent: If the director of building and zoning, after a reasonable attempt to obtain consent, does not receive consent to enter a building, structure or property subject to the code as described herein, the director of building and zoning may seek in the 18th Circuit Court a search warrant. An owner, occupant or other person in charge of a building, structure or property subject to the provisions of this code, who is presented with a search warrant obtained pursuant to this code, shall not refuse, impede, inhibit, interfere with, restrict, or obstruct entry and free access to any part of the structure or premises where an inspection authorized by the search warrant is sought to be made.
C. Procurement of Search Warrants: A search warrant sought pursuant to this code shall be sought in the 18th Circuit Court. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued:
1. Eyewitness account of violation.
2. Citizen complaints.
3. Tenant complaints.
4. Plain view violations.
5. Violations apparent from village records.
6. Property deterioration.
7. Age of property.
8. Nature of alleged violation.
9. Similar properties in the area.
10. Documented violations on similar properties in the area.
11. Passage of time since last inspection.
12. Previous violations on the property.
D. Re-occupancy of Abandoned Residential Building or Structure: No abandoned residential building or structure shall be re-occupied until it has been inspected and found to be in full compliance with all applicable Village codes and ordinances and is approved by the director of building and zoning, all fees are paid in full, and all other conditions set forth in this code are satisfactorily complete.
E. Occupancy Inspection: No building or part thereof, hereafter erected, or the structure of which shall hereafter be altered or repaired and for which erection, alteration or repair a permit shall be required as provided in the village code, and no existing building in which the character of the occupancy is to be changed, shall be occupied or used in whole or in part until a certificate of occupancy shall have been issued by the director of building and zoning. Such certificate shall carry the certification of the director of building and zoning that said building or part thereof conforms to the requirements of this and any other applicable village code or ordinance, and that said building, construction, alteration, or repair has been substantially completed in accordance with plans and specifications upon which a building permit required by village code was issued.
F. New Occupancy in Existing Non-Residential Space: No property, premises, building or tenant space within a non-residential building or structure shall be occupied or reoccupied without first having been inspected by the village building department and the appropriate fire protection district to insure compliance with public health, safety and any other applicable village code or ordinance requirements. This verification of compliance is to be initiated through a building permit application for an occupancy inspection.
G. Change in Use - Occupancy Certificate Requirements: No building upon which a certificate of occupancy shall have been issued shall be used for a different classification or group occupancy until a certificate of occupancy for such different use shall have been issued by the director of building and zoning; provided, however, that no certificate of occupancy shall be issued in any event unless the occupancy or use of the building complies with the zoning law. "Change of occupancy" is not intended to mean change of tenant or proprietor, provided the new tenant is to occupy the building for a purpose, which would not involve its reclassification into a different occupancy group. (Ord. 20-02, 4-12-2020)