Editor's Note — Ord. no. 05-02 §1, adopted March
8, 2005, repealed ch. 415 and enacted new provisions set out herein.
Former ch. 415 derived from CC 1987 §§415.010 — 415.110;
ord. no. 113 §§1 — 11, 6-18-47.
[Ord. No. 05-02 §1, 3-8-2005]
A.
Enforcement Official. It shall be the duty and responsibility
of the Building Commissioner and his/her delegated representative
of the City to enforce the provisions of this Chapter. No order for
correction of any violation under this Chapter shall be issued without
the approval of the Building Commissioner.
B.
Inspections.
1.
The
Building Commissioner is authorized and directed to make inspections
to determine whether dwellings, dwelling units, accessory structures
and premises located within this City conform to the requirements
of this Chapter. For the purpose of making such inspections, the Building
Commissioner is authorized to enter, examine and survey at reasonable
times all dwellings, dwelling units, accessory structures and premises.
The Building Commissioner is further authorized and directed to make
inspections on application of seller, purchaser, lessor or lessee
of all dwellings which are proposed for sale or lease to any person,
partnership or corporation.
2.
If any
owner, occupant or other person in charge of a structure subject to
the provisions of this Chapter refuses, impedes, inhibits, interferes
with, restricts or obstructs entry and free access to every part of
the structure or premises where inspection authorized by this Chapter
is sought, the Building Commissioner may seek, in a court of competent
jurisdiction, when the Building Commissioner has probable cause, a
search warrant to inspect and examine said premises for violation
of this Chapter.
3.
Inspections
shall be initiated under the following circumstances:
a.
Upon
application for any occupancy permit for the dwelling unit or other
notification that there will be a change of occupancy of said dwelling
unit.
b.
When,
on the basis of a complaint or his/her personal observation, the Building
Commissioner reasonably suspects that a dwelling unit has Code violations
and as such constitutes a health and/or safety hazard.
4.
The
Building Commissioner or his/her deputy shall make an inspection within
five (5) days after receipt of application for an inspection or receipt
of complaint alleging a violation of one (1) or more provisions of
this Chapter.
C.
Access By Owner Or Manager. Every occupant of a structure
or premises shall give the owner or manager thereof, or his/her agent
or employee, access to any part of such structure or its premises
at reasonable times for the purpose of making such inspection, maintenance,
repairs or alterations as are necessary to comply with the provisions
of this Chapter.
[Ord. No. 05-02 §1, 3-8-2005; Ord. No. 11-11 §§1 — 3, 9-27-2011]
A.
Scope — Requirement. Except as otherwise provided,
it shall be unlawful for any person to occupy any property, or for
any owner or agent to permit the occupancy thereof, for any purpose
until all required certificates of compliance and/or occupancy permits
have been issued by the Building Commissioner. No certificate of compliance
or occupancy permit shall be issued until all violations of this Chapter
shall have been corrected and brought into compliance.
B.
Property — Defined. For the purposes of this Section,
the term "property" shall be defined as any premises,
structure, building or dwelling subject to the provisions of this
Chapter.
C.
Certificates And Permits — Contents. Any certificate
of compliance, occupancy inspection report or occupancy permit issued
by the Building Commissioner pertaining to any dwelling shall state
the maximum number of persons who may lawfully occupy the property
as configured at the time of inspection.
D.
Pre-Transfer Activity — Application For Certificate Required.
1.
It shall
be unlawful for the owner or lessor of any property, subject to the
provisions of this Chapter, or their agent to advertise in any way
or to list with a real estate agent or other broker such property
for the purpose of selling, leasing, renting or otherwise transferring
its ownership or possession without first applying for the issuance
of a certificate of compliance by the Building Commissioner.
2.
After
receiving such application, the Building Commissioner shall cause
the property to be inspected to determine its compliance with the
provisions of the Zoning Code, Building Code and any amendments thereto
now in force or which may hereafter be enacted. If the Building Commissioner
determines the property is in compliance, a certificate of compliance
shall issue.
3.
If the
Building Commissioner determines the property is in violation of the
Zoning Code, Building Code or any amendments thereto now in force
or which may hereafter be enacted, Building Commissioner shall issue
an occupancy inspection report which shall list all conditions which
fail to satisfy the requirements of the applicable code.
E.
Transfer Of Ownership — Certificate Of Compliance Required.
1.
It shall be unlawful for the owner or lessor of any property, or their agent, to sell, lease, rent or otherwise transfer ownership or possession of property subject to the requirements of this Chapter unless a certificate of compliance has been issued by the Building Commissioner or an occupancy inspection report has been issued and an assumption of responsibility for abating all violations listed thereon has been approved pursuant to Subsection (H) of this Section below.
2.
On application
by an owner, lessor or agent, the Building Commissioner shall issue
a certificate of compliance if, after inspecting the property, the
Building Commissioner determines it to be in compliance with the provisions
of the Zoning Code, Building Code and any amendments thereto now in
force or which may hereafter be enacted.
3.
If the
Building Commissioner determines the property is in violation of requirements
of the Zoning Code, Building Code or any amendments thereto now in
force or which may hereafter be enacted, the Building Commissioner
shall issue an occupancy inspection report which shall list all conditions
which fail to satisfy the requirements of the applicable code.
4.
A certificate
of compliance and/or an occupancy inspection report shall be valid
for one hundred eighty (180) days, unless revoked by the Building
Commissioner for good cause. In the event an occupancy permit is not
issued within said one hundred eighty (180) days, said certificates
shall be null and void and a new application for a certificate of
compliance must be made before any occupancy permit may issue.
5.
A fee
shall be charged for inspections as hereinafter provided.
6.
This
Section shall not apply to transfers of a structure or building wherein
the transferee executes an affidavit directed to the Building Commissioner
attesting to the fact that the structure(s) and/or building(s) on
the property so transferred will be demolished within ninety (90)
days of transfer.
F.
Occupancy Permit Required.
1.
It shall
be unlawful for any person to hereafter occupy or for the owner, lessor
or agent thereof to permit the occupancy of property until an occupancy
permit has been issued by the Building Commissioner.
2.
On application
by an owner, lessor, tenant, transferee or agent thereof, the Building
Commissioner shall issue an occupancy permit if, after inspecting
the property, the Building Commissioner determines it to be in compliance
with the provisions of the Zoning Code, Building Code and any amendments
thereto now in force or which may hereafter be enacted. No occupancy
permit may be issued for any property if there are unpaid City taxes
or liens in favor of the City outstanding as to such property until
such time as such unpaid taxes and/or liens are satisfied.
3.
If the
Building Commissioner determines the property is in violation of the
requirements of the Zoning Code, Building Code and any amendments
thereto now in force or which may hereafter be enacted, the Building
Commissioner shall issue an occupancy inspection report which shall
list all conditions which fail to satisfy the requirements of the
applicable code.
4.
No person
not listed on the occupancy permit for a property shall occupy or
be permitted to occupy the same. No use or activity not listed on
the occupancy permit for a structure or building not used for dwelling
purposes shall be permitted therein.
5.
Whenever
the owner or occupant of any property shall permit or suffer any additional
person to occupy the same, the Building Commissioner shall be notified
and the occupancy permit shall be amended accordingly, provided that
all other requirements of this Chapter are satisfied. Whenever the
owner or occupant of any property not used for dwelling purposes shall
permit an additional or separate use or activity to be undertaken
therein, the Building Commissioner shall be notified and the occupancy
permit shall be amended accordingly, provided that all other requirements
of this Chapter are satisfied.
6.
A fee
shall be charged for an initial occupancy permit as hereinafter provided.
There shall be a one dollar ($1.00) fee charged for updating occupancy
permit information.
G.
Additional Requirements Concerning Property Owner.
1.
No occupancy
permit shall be issued without the written consent of the title owner
of the property. The property owner and the property occupant shall
be notified of any and all code violations.
2.
The
property owner must give, in writing, his/her/their complete contact
information including phone number(s) and e-mail address for the City
of Northwoods to be in touch in case of emergency with a specific
property.
3.
No occupancy
permit shall be issued to anyone for real property owned by a corporation
and/ or a limited liability company (LLC) unless a legal representative
responds to City Hall with government-issued identification and gives
authorization for occupancy of their property.
H.
Application For Permit. Any person hereafter occupying or
proposing to occupy any property shall apply for an occupancy permit
on an application form provided by the Building Department. Such application
shall contain the name of the applicant, the names, dates of birth
and relationship of all persons to occupy the property and such other
information as shall be required by the Building Commissioner. The
application shall be signed and affirmed or sworn to by the applicant.
I.
Conditional Permit.
1.
A conditional
occupancy permit may be issued by the Building Commissioner only if,
in the Commissioner's judgment:
a.
Any
deficiency or non-compliance with this Chapter or of the Zoning or
Building Code would not seriously endanger the health or safety of
the occupants or the community; and
b.
Provided
the occupant executes an affidavit that all required corrections shall
be made within a time specified therein. If approved by the Building
Commissioner in all respects, the property may thereafter be occupied
while such corrections are being made.
2.
Upon
expiration of the time allowed in the conditional occupancy permit,
all required corrections shall be completed or the owner will be issued
a summons. The Building Commissioner may extend the time allowed in
the permit for a period not to exceed sixty (60) days if, in the Commissioner's
judgment:
a.
Any
deficiency or non-compliance with this Chapter would not seriously
endanger the health or safety of the occupants or the community;
b.
The
occupant has made substantial progress toward bringing the property
into compliance with this Chapter; and
c.
All
required corrections can be made within the time allowed by the extension.
3.
At such
time as the property shall be in compliance with the requirements
of this Chapter, an occupancy permit shall be issued.
4.
A fee
of fifty dollars ($50.00) shall be charged for a conditional occupancy
permit.
J.
Correction Required.
1.
If there
are violations of this Chapter or of the Zoning Code, Building Code
or any amendments thereto now in force or which may hereafter be enacted,
which must be abated or corrected before a certificate of compliance
or an occupancy permit can be issued, it shall be the responsibility
of the seller, lessor or agent thereof to abate such violations.
2.
With
the approval of the Building Commissioner, a transferee of a property
may assume responsibility for abating violations of this Chapter by
executing an affidavit stating such transferee assumes responsibility
for abating such violations and establishing the date by which such
abatement shall be accomplished, which date shall be subject to approval
by the Building Commissioner.
K.
Misrepresentations Prohibited — Notice Of Occupancy Limits.
1.
It shall
be unlawful for any person, firm or corporation to advertise, offer
or represent in any form or manner that a certificate of compliance
has been issued for any premises for which such a certificate has
not been issued by the Building Commissioner.
2.
It shall
be unlawful for any person, firm or corporation to advertise, offer
or represent in any form or manner that a property may be occupied
by a number of persons in excess of that permitted by the most recent
certificate of compliance or occupancy inspection report issued for
that property.
3.
It shall
be unlawful for any person to knowingly make any false statement in
an application for an occupancy permit or any amendment thereto.
4.
Any
residential structure offered or available for sale, lease or transfer
shall display a statement provided by the Building Department indicating
the date of the most recent inspection of the structure, the results
of that inspection and information as to the maximum number of persons
that the structure will lawfully accommodate as determined by the
most recent inspection. The required statement is to be affixed to
the structure in proximity to the main entrance and in a manner reasonably
calculated to come to the attention of persons entering same. It shall
be unlawful to offer any residential structure for sale, lease or
transfer unless the statement required by this Subsection shall be
displayed as set forth herein.
L.
Fees. Fees for occupancy permits, certificates of inspection
or other inspection and permitting services associated with this Chapter
shall be as follows:
1.
A fee
of one hundred twenty-five dollars ($125.00) shall be paid for an
initial inspection and one (1) reinspection in association with issuance
of a certificate of compliance or occupancy inspection report.
2.
A fee
of one hundred twenty-five dollars ($125.00) shall be paid for each
additional inspection associated with issuance of a certificate of
compliance conducted within ninety (90) days after an original occupancy
inspection report.
3.
A fee
of ten dollars ($10.00) shall be paid for issuance of each occupancy
permit or conditional occupancy permit.
