No land shall be occupied or used and no building (except as per the provisions of the City Property Maintenance Code) shall be occupied or used in whole or in part, for any purpose whatsoever, until the Building Commissioner or his/her designee has issued an occupancy permit. The use, occupancy or tenancy of a building or part thereof shall not be changed without an occupancy permit being issued by the Building Commissioner or his/her designee.
Whenever the sale of a building results in a change in the occupant, or whenever premises are rented to an occupant, or whenever there is a change in use of the premises, it shall be required to apply for and receive an occupancy permit in accordance with the provisions of the Property Maintenance Code, the Zoning Code, and all other applicable ordinances and regulations of the City.
The occupancy permit shall not be issued by the Building Commissioner or his/her designee until the premises has been inspected and the application for such permit has been approved indicating that the proposed use and any buildings or structures involved comply in all respects with the provisions of the Property Maintenance Code, the Zoning Code and all other applicable codes.
The Building Commissioner or his/her designee may issue a conditional occupancy permit on a finding of: (i) substantial compliance with the provisions of the Property Maintenance Code, (ii) the absence of any immediate threat to the health and safety of any current or future occupant or the general public, and (iii) an objectively reasonable plan to remediate any remaining issues of non-compliance within thirty (30) days of permit issuance, which such deadline may be extended for good cause shown. In doing so the Building Commissioner or his/her designee shall note on the occupancy permit the timely remediation of any non-compliance issues as being conditional to the validity of the permit. Failure to comply with a conditional occupancy permit shall subject the occupant(s) to prosecution for violating this Section and to eviction from the premises.
[Ord. No. 580, 6-4-2018]
An occupancy permit shall remain in effect and not expire for owner occupied residential dwelling units, in accordance with the provisions of the Property Maintenance Code, provided that no change of occupancy occurs. For non-owner occupied units, an occupancy permit shall be valid for five (5) years. An occupancy permit renewal shall be required after five (5) years from the date of issuance if tenancy does not change.
A record of all certificates of occupancy shall be kept on file in the office of the Building Commissioner or his/her designee and copies may be furnished on request to any person having a proprietary or tenancy interest in land or building affected by such certificate of occupancy.