Land shall not be occupied or used and a building which has been erected or altered shall not be occupied or used until an Occupancy Permit has been applied for and issued by the City of Wickliffe Fire Department as follows:
(a) Occupancy Permit Required.
(1) Affected Properties. An Occupancy Permit is required under this Chapter for all buildings within the City of Wickliffe with the exception of residential one-, two- and three-family dwellings. Residential one-, two-, and three-family dwellings are referenced in Section 1303.70.
(2) Occupancy of a building. A Certificate of Occupancy shall be required from the Lake County Building Department before occupancy of any building which has been altered, remodeled, moved, or changed in use. A Zoning Certificate shall be required to ensure that off-street parking or loading requirements have been met. The Certificate of Occupancy shall only be issued after the completion of the erection or alteration of the 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. Once a Certificate of Occupancy has been granted by the Lake County Building Department, the intended occupant may then apply for a City of Wickliffe Occupancy Pennit with the Fire Department. Occupancy Permits will be issued by the Fire Department once all requirements are satisfied.
A. Any person, firm, corporation, association, club, organization or any other entity, prior to entering into occupancy of any building, 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 an Occupancy Permit being found to conform to and be in compliance with the City of Wickliffe Planning and Zoning Code and the City of Wickliffe Building Code, be issued an Occupancy Permit by the Fire Department therefor. In the event any of the above-designated persons or entities are found to be in possession of any building, portion, unit, apartment or any room therein without having been issued an Occupancy Permit 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 an Occupancy Permit by the Fire Department.
B. Such Occupancy Permit shall be issued by the Fire Department and signed after an on-site inspection by the Building Commissioner or his/her designee for purposes of zoning requirements and the Fire Chief or his/her designee for purposes of Ohio Fire Code compliance and meeting all City of Wickliffe requirements to occupy.
(3) Occupancy of land. A Zoning Certificate 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 Zoning Certificate shall be issued when it has been found upon inspection to conform to the provisions of this Chapter.
(4) Change in use of nonconforming building or use. A Zoning Certificate and a Certificate of Occupancy shall be required and shall be issued by the Lake County Building Department when there is a change of ownership of the nonconforming building whether or not alterations have been made or required.
(5) Change in ownership of a building. An Occupancy Permit shall be required when there is a change of ownership of the building whether or not alterations have been made or are required.
(6) Sewer, sidewalk, apron inspection and repair. Inspections 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 an Occupancy Permit 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 an Occupancy Permit, 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.
(7) Temporary permit. Pending the issuance of a Certificate of Occupancy by the Lake County Building Department and an Occupancy Permit by the City of Wickliffe, a temporary permit for partial occupancy of a building or occupancy of an independent component, may be issued by the Fire Chief 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. Any time alterations are made on a commercial or industrial building affected under this Chapter, building permits shall be acquired from the Lake County Building Department. Such temporary permits shall not be construed as altering the respective rights, duties or obligations of the owners and the temporary permits shall not be issued except under such restrictions.
(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, 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 1303.80(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 an Occupancy Permit 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 Zoning Certificate 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 an Occupancy Permit shall be submitted to the Fire Department. 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. A Zoning Certificate shall state that such use is nonconforming but may be occupied legally for such use.
(2) A record of all applications and certificates issued shall be on file in the City of Wickliffe 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. 2019-31. Passed 5-13-19.)