[Amended 10-15-1985 by Ord. No. 85-40]
A. The Council finds that periodic inspections of buildings used for
residential, commercial and industrial purposes are necessary to protect
the public health, safety, and welfare.
B. The Council also finds that such periodic inspections and the requiring of a certificate of continuing occupancy prior to reoccupancy and reuse of a vacated premises used for residential, commercial or industrial purposes will assist in the enforcement of and the ensuring of compliance with various ordinances of the City, including Chapter
317 (Property Maintenance), Chapter
250 (Land Use), Chapter
167 (Construction Codes, Uniform), Chapter
212, Article
II (Fire Prevention Code), and any other applicable laws.
[Amended 10-15-1985 by Ord. No. 85-40]
As used in this chapter, the following terms shall have the
meanings indicated:
MULTIFAMILY DWELLING
Any premises used for residential purposes consisting of three or more dwelling units as that term is defined in Chapter
317, Property Maintenance, of the Code of the City of Englewood.
RESIDENTIAL PURPOSES
Includes all residential uses of property, including premises
used as a single-family dwelling, a two-family dwelling, or a multifamily
dwelling.
[Amended 10-15-1985 by Ord. No. 85-40]
No person shall occupy or use any building or portion thereof
for residential, commercial or industrial purposes, after such building
or portion thereof has been vacated or sold, or for which there has
been a change in use or a change in occupancy, until such person shall
have applied for and secured a certificate of continuing occupancy
therefor from the Chief Inspector.
The fee for a certificate of continuing occupancy shall be as provided for in Chapter
191, Fee Schedule.
Whenever the Chief Inspector shall deny the issuance of a certificate
of continuing occupancy by reason of a determination that the premises
or proposed use therefor do not comply with the applicable provisions
of any ordinance or law respecting the use, occupancy or maintenance
of said premises, the applicant therefor may appeal said decision
in accordance with any appeal procedures set forth in the ordinance
or law to which the alleged violation applies.
This chapter is intended to supplement existing ordinances and
other laws pertaining to the use, occupancy, and maintenance of premises
within the City and shall not be construed to excuse any person from
complying with such other ordinances and laws.
In addition to any penalties which may be imposed herein, the
provisions of this chapter may be enforced in an appropriate civil
proceeding through injunctive relief or such other relief as the court
deems proper.
[Added 10-15-1985 by Ord. No. 85-40]
To assist in the enforcement of this chapter, a notice shall
be include on all tax search and added assessment searches prepared
by the Tax Collector of the City of Englewood stating that a certificate
of continuing occupancy is required for a change in use and occupancy,
sale, or vacation of any building or portion thereof used for residential,
commercial or industrial purposes within the City of Englewood; provided
however, that a failure to affix such notice shall not constitute
a defense for the failure to obtain a certificate of continuing occupancy
in violation of this chapter.
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.