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.
A.Â
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.
B.Â
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.
