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City of Geneva, NY
Ontario County
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Table of Contents
Table of Contents
A. 
This chapter shall be enforced by the enforcement officer designated in Chapter 22, Enforcement Officers, of this Code.
B. 
No building permit or certificate of occupancy shall be issued by the enforcement officer, and no permit or license for any other purpose shall be issued by any other official or employee of the City,if the same would be in conflict with the provisions of this chapter.
Except as otherwise specifically provided by law, ordinance or regulation, the enforcement officer shall:
A. 
Administer and enforce all of the provisions of this chapter.
B. 
Receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof.
C. 
Issue all appropriate notices or orders to remove illegal or unauthorized construction or to cease and desist any illegal or unauthorized uses.
D. 
Examine the premises for which applications have been received or permits have been issued for the purpose of ensuring compliance with the provisions of this chapter.
E. 
Maintain permanent official records of all transactions and activities concerning the enforcement of this chapter, including all applications received, permits or certificates issued, fees charged and collected, inspection reports and notices and orders issued.
F. 
Submit to the City Council a written annual report and summary of all business conducted by his office.
A. 
No person shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a building permit from the enforcement officer.
B. 
No building permit shall be required for the performance or ordinary repairs or improvements which are not structural in nature or if the total estimated cost including labor is less than $500. If the work is to be performed by the owner or by another individual without compensation, the reasonable value of such labor shall be included to determine the estimated cost.
C. 
Application for a building permit shall be made to the enforcement officer on forms provided by his office and shall contain the following information:
(1) 
A description of the land on which the proposed work is to be done.
(2) 
A statement of the present and proposed use or occupancy of all parts of the land and of the building or structure.
(3) 
The valuation of the proposed work.
(4) 
The full name and address of the owner and of the applicant and the names and addresses of their responsible officers if any of them are corporations.
(5) 
A brief description of the nature of the proposed work.
(6) 
A duplicate set of plans and specifications as set forth in Subsection E of this section.
(7) 
Such other information as may be reasonably required by the enforcement officer to establish compliance of the proposed work with the requirements of the applicable building and zoning laws, ordinances and regulations.
(8) 
An overall plan for proposed landscaping in regard to the site location of the subject structure or building will be required if the landscaping causes the alteration of the existing topography of the land or other environmental features which would have an impact on neighboring structures or the overall preexisting appearance of the neighborhood.
[Added 3-2-1988 by Ord. No. 88-2]
(9) 
Where the plans require compliance with the State Environmental Quality Review Act (SEQR), the appropriate proceedings must be completed pursuant to Part 617 of the NYCRR and any other applicable regulations before approval may be granted. It is the applicant's responsibility to assure the requirements of the SEQR process are met.
[Added 3-2-1988 by Ord. No. 88-2]
D. 
Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
E. 
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys, and, where required by the enforcement officer, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. Plans and specifications shall bear the signature of the person responsible for the design and drawings.
F. 
The enforcement officer may waive the requirement for filing plans, and except further that details of structural, mechanical and electrical work, including computations, stress diagrams and other technical data, shall not be required for one- and two-family dwellings when a statement is made that the proposed construction will be in accordance with the provisions and standards of the State Building Construction Code applicable to one- and two-family dwellings.
G. 
Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to approval of the enforcement officer.
H. 
Applications must provide evidence of conforming to the architecture and character of the neighboring properties in accordance with § 350-45.
[Added 3-2-1988 by Ord. No. 88-2]
[Amended 3-3-1993 by Ord. No. 293; 6-5-1995 by Ord. No. 8-95]
A. 
In each case where a business or industry expands an existing use; or when a business or industry plans on developing a new facility; when a dwelling is built on a lot where none previously existed; when a residential use expands beyond a one- or two-family dwelling to a multiple dwelling as defined by the Multiple Residence Law of the State of New York; or when a multiple dwelling expands to add one or more dwelling units, in any zoning district within the City of Geneva, the enforcement officer shall refer the site plan for such proposal to the Planning Board for review before issuing a building permit. Site plan review of such residential uses shall not be required in the case of wholly internal expansions or conversions not involving any expansion of the building footprint and not involving any exterior site changes, proposed or required, including but not limited to grading, drainage improvements and traffic circulation.
[Amended 10-4-2000 by Ord. No. 6-2000]
B. 
As used in Subsection A above, the following terms shall have the meanings indicated:
BUSINESS or INDUSTRY
Any occupancy or use classified as a C1, C2, C3, C4, C5, C6 or C7 occupancy under the provisions of the New York State Uniform Fire Prevention and Building Code.
EXPANSION OF USE
Any change in any occupancy or use which results in an addition to the building footprint or an increase in the total interior square footage or in an increase in the total number of occupancies or uses contained within the building or structure.
C. 
The Planning Board shall either approve, approve with modifications or disapprove such site plan, stating the reasons therefor in writing in its records, and shall send a written notice of its decision to the enforcement officer who shall then act accordingly, either issuing a building permit, postponing issuance of a building permit pending compliance with the decision of the Planning Board, or denying such permit. If the enforcement officer does not receive any written communication from the Planning Board on the application within 45 days after such case is presented to the Planning Board, he or she shall assume that the site plan meets with its approval.
D. 
A fee shall be paid by the applicant at the time of submission of any site plan application to cover the cost of the Planning Board's review of the application, such fee to be in addition to the regular fee for the issuance of a building permit. The fee shall be $100 for Planning Board review involving alterations or additions to existing structures. The fee shall be $150 for Planning Board review involving new construction. All fees shall be due and payable at the time the application is made. In the event that applications for approval of a subdivision and site plan review are made at the same time, the greater of the two fees shall be charged, and the lesser fee shall be waived. In the event that application is also made for architectural review at the same time, no additional tee shall be charged.
[Amended 6-19-2002 by Ord. No. 7-2002]
E. 
All of the materials listed below must be submitted to the Planning Board in advance of the meeting at which the applicant desires the Planning Board to review the submission. The exact deadline for submission shall be determined by the enforcement officer.
F. 
A complete site plan application for any building, structure or use shall include copies of a site plan prepared by competent professionals duly licensed to prepare such drawings. The drawings shall be submitted in all cases where a change of use or expansion of an existing use is proposed. Drawings shall be to a scale of one inch equals 10 feet or one inch equals 20 feet. The site plan shall display the following information:
(1) 
Property lines and related street right-of-way and easement lines as determined by survey.
(2) 
Location of existing and/or proposed buildings and structures with all required setbacks.
(3) 
Layout of existing and/or proposed off-street parking areas, showing the details of aisles, driveways and each parking space.
(4) 
Existing topography of the site and adjacent properties as revealed by contours or key elevations.
(5) 
Proposed final grades, including detailed information relative to methods to be used during and after construction to retain, stabilize and/or refurbish regraded areas, e.g., sod, retaining walls, etc.
(6) 
Existing and proposed stormwater drainage facilities, sidewalks, curbs and curb cuts and similar structures.
(7) 
Existing and proposed landscaping and fences.
(8) 
Existing and proposed outdoor lighting structures, sign locations, telephones and electric utility poles.
(9) 
Names of current property owners as well as those of contract vendees and names of owners and establishments on adjoining properties.
(10) 
Type, size and locations of all dumpsters, waste compactors and other outdoor mechanical equipment, including screening of them.
G. 
Copies of building elevations, drawn at a scale of 1/8 inch equals one foot or 1/4 inch equals one foot, and descriptions of exterior building materials shall be provided as outlined below:
(1) 
Front, side and rear elevations.
(2) 
Front and side elevations of signage, with dimensions and proposed lighting.
(3) 
Elevations showing the proposed buildings in relation to adjacent buildings.
(4) 
A summary of proposed exterior building materials.
H. 
The following requirements of Subsections F and G above are hereby waived, only for applications for approval of the expansion of a residential use:
(1) 
The information required by Subsection F(4), regarding existing topography, F(5), regarding proposed final grades, F(6), regarding stormwater drainage facilities and sidewalks and curbs, and F(8), regarding outdoor lighting and sign and utility pole locations, is hereby waived unless additions or modifications to existing facilities are proposed.
(2) 
The information required by Subsection G, regarding a description of the exterior building elevations, is hereby waived unless additions or exterior modifications to the existing building or buildings are proposed.
I. 
After Planning Board approval, a proposed change or revision either to the site or to the exterior of any structure on it shall be resubmitted for further review.
[Added 3-2-1988 by Ord. No. 88-2; amended 6-5-1995 by Ord. No. 7-95]
A. 
Legislative findings; purpose. The City Council hereby finds that inappropriate or poor quality design in the exterior appearance of buildings or land development adversely affects the desirability of the immediate area and neighboring areas, impairs the stability and value of both improved and unimproved real property, retards the most appropriate development, and creates an improper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this section to prevent these and other harmful effects of such exterior appearance of buildings and development and thus to promote and protect the health, safety, morals and general welfare of the community.
B. 
The Planning Board of the City of Geneva (hereinafter referred to as the "Board") is hereby authorized to act as the Architectural Review Committee of the City of Geneva.
C. 
The Planning Board shall review all applications for building permits and/or site plans in the following categories:
(1) 
All applications for the construction, reconstruction or exterior alteration of any commercial, industrial or multiple-dwelling building or structure.
(2) 
Applications for new residential structures and/or subdivisions filed with the Planning Board.
(3) 
Plans for exterior alterations or additions to residential, commercial or industrial structures or facilities requiring a building permit, for which the cost is estimated to be in excess of $5,000.
(4) 
All site development applications submitted to the Planning Board.
(5) 
Petitions for special permit uses, when architectural review advice on such a petition is requested by the Zoning Board of Appeals.
(6) 
Any building permit applications or proposals which in the opinion of the enforcement officer violate the spirit and intent of Subsection A. In the event that such a referral is made, the enforcement officer shall issue a specific written finding as to why he or she believes this to be the case.
D. 
Applications must be accompanied by plans showing all elevations of new structures, as well as any affected elevations in the case of new additions or alterations. When required by the enforcement officer or by the Board, a site plan shall be submitted showing both existing and proposed contours at five-foot intervals, all existing trees with a trunk diameter of four inches or more at a height six feet above ground level, and whether such trees shall remain or be removed, and/or other topographical features.
E. 
Procedures.
(1) 
Approval of any application referred to the Board shall be by a vote of at least a majority of the members.
(2) 
In considering an application, the Board shall take into account natural features of the site and surroundings, the exterior design and appearance of existing structures, and the character of the district and its particular suitability for particular purposes, with a view to conserving the values of property and encouraging the most appropriate use of the land.
(3) 
The Board may approve any application referred to it upon finding, in writing, that the building or structure for which the permit was requested, if erected or altered in accordance with the submitted plan, would be in harmony with the purpose of this section, would not be visually offensive or inappropriate by reason of poor quality of exterior design, excessive similarity or striking dissimilarity in relation to the site or its surroundings, would not mar the appearance of the area, would not be detrimental to the character of the neighborhood, would not prevent the most appropriate development and utilization of the site or of the adjacent lands and would not adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community.
(4) 
In approving any application, the Board may impose appropriate conditions and safeguards designed to prevent the harmful effects set forth in Subsection E(3).
(5) 
The Board may disapprove any application, provided that the Board has afforded the applicant an opportunity to confer upon suggestions for change of the plan, and provided that the Board finds and states, in writing, that the structure for which the permit was requested would, if erected as indicated, provoke one or more of the harmful effects set forth in Subsection E(3).
F. 
Standards. The Board shall apply the following standards in the course of its review:
(1) 
Architectural style is not restricted. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to its surroundings.
(2) 
The height, width, and general proportions of a building should conform generally to other buildings in the district. Ratio of wall surface to openings, and the ratio of width and height of windows and doors, should also be consistent with the district. The scale and massing of a structure shall be a primary consideration.
(3) 
Materials shall have good architectural character and shall be selected for harmony of the building with the adjoining buildings. Materials shall be selected for suitability to the type of building and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building elements wholly or partly visible from public ways. Materials shall be of a durable quality. In any design in which the structural frame is exposed to view, the structural materials shall be compatible within the design and harmonious with their surroundings.
(4) 
Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationships to one another.
(5) 
Colors shall be harmonious and shall use only compatible accents.
(6) 
Mechanical equipment or other utility hardware on the roof, ground or buildings shall be screened from public view with materials harmonious with the building, or they shall be located so as not to be visible from any public ways.
(7) 
Exterior lighting shall be considered as part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with the building design.
(8) 
Refuse and waste removal areas, service yards, storage yards and exterior work areas shall be screened from view from public ways, using materials harmonious with the building.
(9) 
Monotony of design in single- or multiple-building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest. In multiple-building projects, variable siting of individual buildings may be used to prevent a monotonous appearance.
(10) 
Signs. Every sign shall have good scale and proportion in its design and in its visual relationship to buildings and the surroundings. Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.
(11) 
The pattern of placement, proportions and materials of windows and doors shall be considered. Metal or plastic frame windows are generally unacceptable unless they are anodized or painted. Shutters should be sized to match windows.
(12) 
The use of natural materials is to be favored. Imitation or synthetic materials, such as aluminum or vinyl siding, imitation brick or stone, or plastic, will generally be deemed inappropriate. Wood or asphalt shingles are appropriate. Roll roofing, built-up tar and gravel, plastic or fiberglass roofing materials are not appropriate, unless utilized on flat roofs that are not visible from public ways.
(13) 
Where fences are to be used, they are to be of wood, stone, iron or plant materials. Chain link or similar metal fences, concrete block, plastic, fiberglass or plywood fences will generally be deemed inappropriate.
(14) 
Exposed foundation walls should be of stone-faced or exposed aggregate concrete and should be as inconspicuous as possible.
(15) 
Utility lines should be underground whenever possible, and entry fixtures should be located away from high-use areas and main entrances or screened in an approved manner. All lighting should be appropriate to the building and its surroundings in terms of style, scale and intensity of illumination.
A. 
The enforcement officer shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time and subject to all other requirements and procedures of this chapter and any other ordinance, local law, rule or regulation of the City.
B. 
Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed to him and shall affix his signature or cause his signature to be affixed thereto.
C. 
Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "Approved." One set of such approved plans and specifications shall be retained in the files of the enforcement officer and the other set shall be returned to the applicant together with the building permit and shall be kept at the building site open to inspection by the enforcement officer or his authorized representative at all reasonable times. The building permit shall be posted upon the premises in a conspicuous place so as to be visible from the street throughout the period of construction.
D. 
If the application, together with the plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building and zoning regulations, the enforcement officer shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the enforcement officer shall cause such a refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
[Amended effective 2-6-1974 by Ord. No. 74-3]
Work authorized by a building permit must be started within six months after the date of the permit and completed within 12 months of the effective date of the permit. If work is not commenced within six months of the effective date, the permit shall be considered void. If work is not completed within 12 months of the effective date of the building permit, the enforcement officer may allow one six-month extension.
[Amended 2-6-1974 by Ord. No. 74-3; 5-3-1989 by Ord. No. 89-11; 8-5-1992 by Ord. No. 92-11; 6-19-2002 by Ord. No. 7-2002]
A. 
Charges for building permits.
(1) 
Residential construction (one- and two-family dwellings).
(a) 
The charges for building permits will be based on a per-square-foot rate of $0.12 per square foot of building area, with a minimum charge of $50 except as otherwise provided herein.
(b) 
A flat fee of $40 shall be charged for permits for minor residential work, such as storage sheds of no more than 150 square feet, decks or porches of no more than 150 square feet, electrical or plumbing work in a single room, fences, signs permitted in residential zoning districts without variances, and demolition permits.
(2) 
Nonresidential construction (multiple dwellings and all nonresidential or commercial construction).
(a) 
The charges for building permits will be based on a per-square-foot rate of $0.15 per square foot of work area or complete building area where the building or a portion thereof is classified as a change of use under the Uniform Code, with a minimum charge of $100, except as otherwise provided herein.
[Amended 9-3-2008 by Ord. No. 6-2008]
(b) 
A flat fee of $50 shall be charged for permits for minor nonresidential work, such as storage sheds of no more than 150 square feet, electrical or plumbing work in a single room, fences, signs that do not require an application to the Zoning Board of Appeals, and demolition permits.
(c) 
Where the square footage cannot be readily determined or is not applicable, the charge shall be based on $1 per $1,000 cost of work, but the minimum charge shall be $100. The applicant shall provide written documentation of the cost, including all labor and materials, with the application.
(d) 
An additional surcharge of $1 per $1,000 cost of work shall be charged for projects or buildings for which the cost of work is more than $500,000. The applicant shall provide written documentation of the cost, including all labor and materials, with the application.
[Amended 9-3-2008 by Ord. No. 6-2008]
(3) 
All fees shall be due and payable at the time the application for the building permit is made. In the event that construction does not proceed, fees are nonrefundable.
(4) 
If a building permit is extended as provided for in § 350-47, the fee for the six-month extension shall be 1/2 of the original fee. If work cannot be completed in a total of 18 months as provided in § 350-47, the applicant shall be required to obtain anew building permit and pay the full fee as described above.
(5) 
There shall be no additional charge for any inspections, unless requested the applicant outside of the usual working hours (8:30 a.m. to 4:30 p.m., Monday through Friday). In such cases the applicant shall reimburse the City for the full cost of any overtime pay, immediately upon receipt of an itemized statement detailing same. Said reimbursement shall be made on a monthly basis and in any case shall be paid in full before the issuance of any certificate of occupancy.
(6) 
There shall be no additional fee for a certificate of occupancy when said certificate of occupancy has been issued to document the proper completion of work for which a building permit has been obtained.
B. 
Penalties for failure to obtain building permit.
(1) 
Whenever the enforcement officer has reasonable grounds to believe that work on any building or structure is being performed without a required building permit, he shall notify the owner of the property, or the owner's agent, or the person performing the work, to suspend all work, and any such person shall stop such work and suspend all building activities until submission of the proper application to obtain a building permit.
(2) 
Unless good cause is shown, the enforcement officer shall thereafter be authorized to:
(a) 
Double fees as set forth in Subsection A of this section, with a minimum of $250 and a maximum of $1,000 for the following projects:
[1] 
Additions.
[2] 
New construction.
[3] 
Adding new apartments to existing buildings.
[4] 
Parking.
[5] 
Renovations, for change of use.
(b) 
Double fees as set forth in Subsection A of this section for the following projects, with a minimum of $100 and a maximum of $250:
[1] 
Decks.
[2] 
Pools.
[3] 
Fences.
[4] 
Sheds.
[5] 
Signs.
[6] 
Patios.
[7] 
Basketball, tennis courts.
[8] 
Renovations, no change of use.
(c) 
The above penalties shall be in addition to any building permit applicable as provided above, and shall be paid before any permits issued.
The enforcement officer may revoke a building permit theretofore issued and approved in the following instances:
A. 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
B. 
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law or ordinance.
C. 
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
D. 
Where the person to whom the building permit has been issued fails or refuses to comply with a stop order issued by the enforcement officer.
A. 
Stop orders. Whenever the enforcement officer has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building and zoning laws, ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.
B. 
Right of entry. The enforcement officer or any designated subordinate, upon the showing of proper credentials and in the discharge of his duties, may enter any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.
A. 
Inspection prior to issuance of certificate.
(1) 
Before issuing a certificate of occupancy, the enforcement officer shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish, or change the use or occupancy, and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued.
(2) 
There shall be maintained in the office of the enforcement officer a record of all such examinations and inspections together with a record of findings or violations of the law.
B. 
Certificate of occupancy.
(1) 
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the enforcement officer.
(2) 
No building hereafter enlarged, extended, or altered, or upon which work has been performed which required the issuance of a building permit, shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the enforcement officer.
(3) 
Upon transfer of title to a new owner, execution and recording of a mortgage or upon said building becoming vacant, no two-family dwelling, no mixed occupancy containing two or more families and no multiple dwelling shall be occupied in whole or in part until the issuance of a current certificate of occupancy by the Building Inspector certifying that said dwelling conforms to the requirements of the City of Geneva Minimum Housing and/or Multiple Residence Codes. The certificate of occupancy shall also certify that the use of such building conforms to this chapter. A "current certificate of occupancy," as used in this subsection, shall mean a certificate of occupancy issued within 60 days of the transfer of title to a new owner or the execution and recording of a mortgage.
[Added effective 10-2-1974 by Ord. No. 74-26]
(a) 
Certificate of occupancy with conditions. The Building Inspector in his discretion may issue a certificate of occupancy with conditions where:
[1] 
The subject dwelling is in compliance with this chapter;
[2] 
The subject dwelling is near substantial compliance with the codes, ordinances and rules; and
[3] 
The work required to bring the dwelling into full compliance is not essential to making the building habitable.
(b) 
Temporary certificate of occupancy. Upon request of the owner or his certified agent, the Building Inspector may, in his discretion, issue a temporary certificate of occupancy provided there is full compliance with this chapter and such temporary use or occupancy would not in any way jeopardize life or property.
(4) 
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy shall have been issued by the enforcement officer.
(5) 
Certificates of occupancy shall be applied for coincident with the application for a building permit, and no building permit shall be issued until application shall have been made for a certificate of occupancy.
C. 
Issuance of certificate of occupancy.
(1) 
When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building and zoning laws, ordinances and regulations, and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the enforcement officer shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the enforcement officer shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building and zoning regulations.
(2) 
The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy are in conformity with the provisions of the applicable building laws, ordinances and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put, except that such certificate of occupancy shall not be considered as certification of location of lot boundaries or property division lines.
D. 
Temporary certificate of occupancy. Upon request, the enforcement officer may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed provided such portions as have been completed may be occupied safely without endangering life or the public welfare.
E. 
Tests. Whenever there are reasonable grounds to believe that any material, construction, or equipment or the location of a building or structure does not conform to the requirements of the applicable building laws, ordinances or regulations, the enforcement officer may require the same to be subjected to tests and measurements in order to furnish proof of such compliance prior to the issuance of a certificate of occupancy.
F. 
Fee. The fee for the issuance of a certificate of occupancy for residential property shall be consistent with the inspection fees established in § 202-79 and shall be paid to the enforcement officer prior to issuance. The fee for the issuance of a certificate of occupancy for nonresidential property shall be $25 and shall be paid prior to issuance. If the property contains both residential and nonresidential occupancies, the charge shall be the sum of two fees. If the certificate of occupancy is issued in conjunction with a building permit for new construction work, there shall be no fee in addition to that charged for the building permit.
[Amended by Ord. No. 82-19, eff. 4-7-1982; 6-19-2002 by Ord. No. 7-2002]