A. Unlawful To Occupy: It is unlawful to use or occupy, or to permit the use or occupancy of, any building, property or premises prior to approval of a certificate of occupancy and zoning compliance (hereinafter referred to as "certificate") for the property development, premises and/or building by the city. It is unlawful to occupy, or to allow the occupancy or use of, any property development, premises or building that has a materially different design or greater intensity of use or different occupancy than specifically provided for in the approved certificate.
B. Certificate Of Occupancy And Zoning Compliance: A certificate of occupancy and zoning compliance shall be issued by the city administrator or a designee after a real property development and/or building is completed and has passed final inspection. A temporary certificate not to exceed a period of six (6) months may be issued if the city administrator or his designee makes a written determination that conditions of zoning, site plan or other required approvals have been substantially met, but that acceptable circumstances have prevented or necessitated a delay in the installation of certain improvements required by the approved site plan, and that such delay will not create a hazard or safety concern. During the months of October to April, a cash bond equal to one hundred percent (100%) of estimated completion costs shall be required prior to issuance of the temporary certificate. During the months of May to September, a cash bond equal to one hundred fifty percent (150%) of the estimated completion costs shall be required prior to issuance of the temporary certificate. A new certificate shall be required any time there is a change of design, use or occupancy classification.
C. Inspection And Release Of Bond: When a cash bond has been posted with the city, an inspection must be scheduled with city staff to determine that all conditions of zoning, site plan, or other required approvals have been met. Once the city administrator or his designee has determined that all conditions to the approval of the project have been met, the cash bond may be released and permanent occupancy and/or use granted. If conditions have not been met at the end of the six (6) month period, permanent occupancy will not be granted and the cash bond will be retained by the city. The retained funds shall be expended for the purpose of completing the required work which may be completed by city staff, contractor hired by the city, or others at the city's discretion and with city approval. Funds not expended for completion of the work shall be returned to the party who posted the bond.
D. Failure To Obtain Certificate Of Occupancy And Zoning Compliance: Occupation without obtaining a certificate of occupancy and zoning compliance or allowing to be occupied or used any residential, commercial, industrial or institutional property development and/or building, or premises, or for changing the use or occupancy classification as provided for in the certificate issued under this title, shall be a violation of this title, subject to prosecution as provided in this code.
E. Nuisance: The occupancy or use of any real property development and/or building for which a certificate has not been issued is hereby declared to be a nuisance and may be abated as such. It shall also be a nuisance for any real property development and/or building to be used or occupied with greater intensity or different use or design than authorized in its permits and certificates. (2001 Code § 89-1-109; amd. Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020)