[CC 1961 §23.17; Ord. No. 2974 §23.17, 6-20-1988]
Procedures for seeking various permits are available from the
Director of Public Works. Such permits include commercial/industrial
building permit; dish/antenna permit; alteration/ addition/rehabing
permit; residential occupancy permit; commercial occupancy permit;
residential building permit; special use permit; subdivision of land
permit; sign permit; fence permit; and rezoning. The following is
a detailed account of the occupancy permit procedures.
[CC 1961 §23.17.1; Ord. No. 2974 §23.17.1, 6-20-1988; Ord. No. 3307 §1, 11-7-1994; Ord. No. 3570 §1, 7-15-2002; Ord. No. 3892 §1, 3-15-2010]
A.
It
shall be unlawful for any person, firm or corporation to hereafter
occupy or for any owner or agent thereof to permit the occupation
of any building, or addition thereto, or part thereof, for any purpose
until a certificate of occupancy has been issued by the Director of
Public Works. Where a building is divided by unpierced walls, a certificate
of occupancy shall be required for each unit thereof. The Director
of Public Works shall not issue a certificate of occupancy until the
premises for which application is made complies with the requirements
of all applicable zoning regulations, building regulations, and health
regulations, and all applicable service charges, fees, and taxes have
been paid in full.
1.
Applicability. This Section shall not apply to any
occupancy in existence at the time of the adoption of this Article
until a change of occupancy occurs.
2.
Content of occupancy permit. The occupancy permit
shall contain such information as is determined by the Director of
Public Works to be relevant to the enforcement of this Section including
names, ages, relationships and number of occupants who will occupy
the premises. It shall be unlawful for any person to knowingly make
any false statement in his/her application for an occupancy permit.
3.
Reporting change of occupancy. Every building in
which a change of occupancy is to occur must be reported by the owner
to the Department of Public Works so that an enforcement official
may inspect the structure according to the provisions of this Section.
All real estate brokers and agents and similar businesses and owners
of multiple-family dwelling units shall report each dwelling unit
which is to change occupancy as in this Section defined to the Department
of Public Works so that an enforcement official may inspect the structure
according to the provisions of this Section. The inspection must be
completed and a compliance letter issued by the enforcement official
within ninety (90) days prior to the issuance of the certificate of
occupancy. Failure to register or make a report of a change of occupancy
shall constitute a violation of this Section, and the person and/or
firm responsible for the failure shall be subject to the penalties
of this Chapter.
[Ord. No. 4372 §§ 1 —
4, 4-3-2017]
4.
Appeal on a certificate of occupancy denied. Any person who is aggrieved by a decision of the enforcement official regarding minimal maintenance required prior to the issuance of a certificate of occupancy may appeal his/her decision to the Building Board of Appeals utilizing the procedures outlined in Section 500.170 of the Municipal Code. Such notice of appeal shall be filed within ten (10) days from the date of requirement to comply.
5.
Conditional occupancy permit. A conditional occupancy
permit may be issued by the Director of Public Works if, in his/her
judgment, any deficiencies in structure or premises covered by this
Section would not seriously endanger the health or safety of the occupants
of the community and provided that the owner or occupant makes an
affidavit stating that he/she will correct deficiencies within a specified
time and thus bring the structure into compliance with the provisions
of this Section. The applicant may then occupy the structure while
repairs are being made. At such time as the structure complies with
all the provisions of this Section, an occupancy permit will be issued
as provided above.[1]
[1]
Editor's Note: Former Subsection (A)(6), Fee, which immediately
followed this subsection, was repealed 3-2-2015 by §1 of Ord.
No. 4198.
[CC 1961 §23.17.2; Ord. No. 2974 §23.17.2, 6-20-1988]
No permit for the excavation for, or the erection or alteration
of any building shall be issued before the application has been made
for a certificate of occupancy and compliance, and no building or
premises shall be occupied until that certificate and permit are issued.
[CC 1961 §23.17.3; Ord. No. 2974 §23.17.3, 6-20-1988; Ord. No. 3048 §1, 5-1-1989]
A certificate of occupancy shall be required of all non-conforming
uses of land or buildings created by the passage of these zoning regulations.
Application for such certificates of occupancy for non-conforming
uses shall be filed with the Director of Public Works by the owner
or lessee of the land or building occupied by such non-conforming
use within two (2) years from the date of adoption of this Chapter.
It shall be the duty of the Director of Public Works to issue a certificate
of occupancy for a non-conforming use upon the filing of an application
for the same.
[CC 1961 §23.17.4; Ord. No. 2974 §23.17.4, 6-20-1988]
Each application for a building permit shall be accompanied
by a plat in duplicate in a form and size suitable for permanent filing
and drawn to scale, showing the actual dimensions of the lot to be
built upon, the size, shape and location of the building to be erected,
and such other information as may be necessary to provide for the
enforcement of this Chapter. The property shall be surveyed by a recognized
surveyor. A record of the applications and plat shall be kept in the
office of the Director of Public Works.
