Land shall not be occupied or used and a residential one-, two- or three-family building which has been erected or altered shall not be occupied or used until a Certificate of Occupancy has been applied for and issued by the City of Wickliffe Building Department as follows:
(a) Certificate Required.
(1) Occupancy of a building. A Certificate of Occupancy shall be required before occupancy of any residential one-, two- or three-family building which has been altered, remodeled, moved, changed in use or changed as to off-street parking or loading requirements. The Certificate shall only be issued after the completion of the erection or alteration of the residential one-, two- or three-family building or buildings and found upon inspection to conform to the provisions of Part 13-Planning and Zoning Code and Part 11-Building Code of the Codified Ordinances of the City of Wickliffe.
A. Any person, firm, corporation, association, club, organization or any other entity, prior to entering into occupancy of any residential one-, two- or three-family structures, any portion, unit, apartment or any room therein, either as owner of a fee, land installment purchaser, lessee, tenant, licensee or possessor of other color of title, shall apply for, and upon such Application for Permit to Occupy being found to conform to and in compliance with the City of Wickliffe Planning and Zoning Code and the City of Wickliffe Building Code, be issued a Certificate of Occupancy, therefor. In the event any of the above-designated persons or entities are found to be in possession of any residential building, portion, unit, apartment or any room therein without having been issued a Certificate of Occupancy pursuant to the City of Wickliffe Planning and Zoning Code and the City of Wickliffe Building Code, they shall be required to apply therefor, and upon such applicant's occupancy being found to conform to and be in compliance with the provisions of the City of Wickliffe Planning and Zoning Code and the City of Wickliffe Building Code, shall be issued a Certificate of Occupancy by the Building Department.
B. Such Certificate of Occupancy shall be issued and signed after an on-site inspection by the Building Commissioner or his/her designee.
(2) Occupancy of land. A Certificate of Occupancy shall be required before occupancy of the land or where the use of the land has been changed to a use different from the prior use. A Certificate of Occupancy shall be issued when it has been found upon inspection to conform to the provisions of this Chapter.
(3) Change in use of nonconforming residential one-, two- or three-family building or use. A Certificate of Occupancy shall be required when there is a change of ownership of the residential one-, two- or three-family building whether or not alterations have been made or required.
(4) Change in ownership of a residential one-, two- or three-family building. A Certificate of Occupancy shall be required when there is a change of ownership of the residential one-, two- or three-family building whether or not alterations have been made or are required.
(5) Sewer, sidewalk, apron inspection and repair. Certificate shall have produced evidence, satisfactory to the Building Commissioner or his/her designee, that the sewer piping on such property from building to right-of-way is in good condition and free from infiltration and that sidewalks and aprons within the public right-of-way on said property are in good repair and condition. If the City performs tests required under this section, there shall be a minimum fee of three hundred dollars ($300.00) for the first two hours of time spent on the performance of said tests. Any additional time spent shall be charged to the applicant at a rate of one hundred dollars ($100.00) per hour or portion thereof.
The fee of three hundred dollars ($300.00) is required prior to the scheduling of any required dye test. The property owner of record shall be responsible for locating and raising of the inspection tees before any test is done. Any sewer dye test performed by the City shall be valid for a period of not longer than one year of time. After one year of time, the dye test is deemed to be no longer valid and the test shall be performed again prior to the issuance of a Certificate of Occupancy at a flat rate of three hundred dollars ($300.00). In the event the results of the sewer dye tests fail to meet the requirements necessary for the issuance of a Certificate of Occupancy, then it shall also be required that the inspection tees on such property be located within three feet (3') of the edge of the city sidewalk located on such property, or in the event there is no city sidewalk located on such property, the inspection tees on such property shall be located within three feet (3') of the edge of the city right-of-way located on such property.
(6) Temporary certificate. Pending the issuance of a Certificate of Occupancy, a temporary certificate for partial occupancy of a residential one-, two- or three-family building or occupancy of an independent component, may be issued by the Building Commissioner or his/her designee for a period not exceeding six (6) months, during which time alterations are being made or while a dwelling or other building is being completed. Such temporary certificates shall not be construed as altering the respective rights, duties or obligations of the owners.
(7) Exempted conveyances to sewer, sidewalk, apron inspection and repair.
A. A transfer or conveyance of any interest in a personal residence between spouses, or between ex-spouses as a result of an order in a domestic relations action, or as a result of the death of one spouse, or to a trust or to another family member where the property remains the personal residence of the spouse, ex-spouse or grantor, shall be exempt from the requirements of this chapter.
B. A person who takes possession by a trust or deed, where the property remains the residence of the grantor as specified in subsection A. hereof, shall be required to notify the Building Department in writing by January 31 of each calendar year that the same individual still occupies the residence. Failure to so notify the Building Department shall subject the residence to the sewer, sidewalk, apron inspection and repair requirements of Section 1303.70.
C. The grantee shall report to the Building Department within thirty (30) days after the grantor ceases to reside at said property the fact that it is no longer the grantor's residence.
(8) Escrow agent obligations.
A. No person acting in the capacity of an escrow agent in any real estate transaction involving the bona fide sale or conveyance of any interest in a dwelling structure, or any other building or structure or land upon which such building or structure is located in the City of Wickliffe, shall file for record an instrument to transfer title thereto or disburse any funds from such sale unless the provisions of this chapter have been satisfied, including, but not limited to, the specific provisions of Section 1303.70(a)(8)C.
B. No person, as defined by Section 1303.20(a) shall sell, transfer, exchange, deliver, barter or give by purchase, land contract or otherwise any interest in any existing building or structure without furnishing the buyer or recipient, prior to the sale, transfer, exchange, delivery, barter or gift, proof that the sewer piping on the property from building to right of way is in good condition and free from infiltration and that sidewalks and aprons within the public right of way are in good repair and condition, and where an escrow has been established, without depositing in escrow, prior to delivery of possession or transfer of title a statement from the buyer acknowledging receipt of such proof relating to the condition of the sewer pipe, the sidewalks and aprons on the property within the public right of way.
C. In the event that repair work required to obtain a Certificate of Occupancy cannot be completed prior to the transfer of title to such property, the seller of such property may obtain an estimate from a duly qualified contractor currently registered with the City, and deposit funds in the amount of one and one-half (1-1/2) times the amount of the estimate, in escrow with the escrow agent. The escrow agent shall not release the funds being held in escrow without written authorization from the Building Commissioner or his/her designee. If the seller fails to authorize and/or complete the repair work required within sixty (60) days from the date of title transfer, the City is authorized to direct the contractor, or any other registered contractor, to proceed with the necessary repairs, and shall so notify the escrow agent.
(b) Certificate for Existing Buildings or Use. Upon application by the owner, the Building Commissioner or his/her designee shall inspect all buildings and land as they exist at the effective date of this Chapter and shall issue a Certificate of Occupancy therefor, certifying:
(1) The use of the building or land; and
(2) Whether such use conforms to all the provisions of this Chapter, or
(3) If it is a lawfully existing nonconforming use.
(c) Application and Records.
(1) Applications for a Certificate of Occupancy may be submitted separately or accompany an application for a building permit. Accurate information shall be furnished by the owner, lessee or agent, as to size and location of the lot, buildings or structures occupying the lot, the dimensions of all yards and open spaces, the use of land or building operations or processes and other information as may be requested by the City. The Certificate shall state that such use is nonconforming but may be occupied legally for such use.
(2) A record of all applications and ce1tificates issued shall be on file in the Building Department and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the land or building affected.
(Ord. 2019-30. Passed 5-13-19.)