[Amended 6-14-1977; 5-6-1980; 2-7-1984; 6-14-1988; 3-12-1991 by L.L. No. 1-1991; 2-4-1992; 1-4-2000 by L.L. No. 1-2000; 10-16-2012 by L.L. No. 3-2012; 6-26-2018 by L.L. No.
6-2018]
No building hereafter erected, enlarged, extended or altered
shall be occupied or used, in whole or in part, until a certificate
of occupancy, certifying that the building conforms to the approved
plans and the requirements of this chapter and stating the purposes
for which the building may be used in its several parts, and any special
stipulations, shall have been issued by the Commissioner of the Department
of Planning and Development or his or her designee and signed by him/her
or his/her authorized assistant. If the occupancy or use of a building
is not discontinued during the work of alteration, the occupancy or
use of the building shall not continue for more than 30 days after
completion of the alteration unless a certificate of occupancy shall
have been issued.
When a building permit has been issued for work which does not
require a certificate of occupancy, the building permit shall remain
open until a certificate of completion has been issued after a final
inspection.
The Commissioner of the Department of Planning and Development
may promulgate rules and regulations for the issuance of temporary
certificates of occupancy and conditional certificates of occupancy
as may be necessary for the orderly and proper administration of this
chapter. Such rules and regulations shall require, wherever appropriate,
that an acceptable land survey prepared by a licensed land surveyor
shall be filed prior to the issuance of a certificate of occupancy.
A.
No change of occupancy or use shall be made in a building hereafter
erected or altered that is not consistent with the last issued certificate
of occupancy for such building unless a permit is secured. In case
of an existing building, no change of occupancy that would bring it
under some special provision of this chapter shall be made unless
the Commissioner of the Department of Planning and Development, upon
inspection, finds that the building conforms substantially to the
provisions of this chapter with respect to the proposed new occupancy
and use, and issues a certificate of occupancy therefor.
B.
The reestablishment in a building, after a change of occupancy has
been made, of a prior use that would not have been permitted in a
new building of the same type of construction is prohibited. The change
from a specifically prohibited use to another specifically prohibited
use shall not be made.
C.
The Commissioner of the Department of Planning and Development or
his duly appointed designee may suspend or revoke, upon notice, a
certificate of occupancy, certification of occupancy, certificate
of completion or departmental approval issued under the provisions
of this chapter in any case where there has been a false statement
or misrepresentation as to a material fact in the application or plans
and specifications on which the certificate, certification or approval
was based.
The fee for any permit, certificate of occupancy, or certificate
of completion issued under this article shall be in an amount as determined
by the Commissioner of the Department of Planning and Development.