An occupancy permit shall be required prior to the occupancy
and use of any and all buildings or real property located in a commercial
or industrially zoned district, or in areas designated within HUD
zoning districts for commercial or industrial use, or the common areas
and management offices associated with multifamily uses, or places
of assembly, including but not limited to churches, public schools,
and community buildings, regardless of the zoning district in which
they are located.
(2001 Code, sec. 4.301)
The procedures and requirements set out in this article shall
be established for the approval and issuance of occupancy permits.
(2001 Code, sec. 4.302)
The connection of temporary utility service for the purpose
of cleanup or property improvements or alterations may be authorized
by the city manager or his appointee upon the recommendation of the
building official, for a fifteen-day period beginning with the date
of acceptance of the application.
(2001 Code, sec. 4.304)
(a) Review of application.
On or after the date of acceptance
of the application, the application will be reviewed by the city building
official or his appointee, the city fire chief or his appointee, and
the city ordinance officer or his appointee. The Tarrant County health
department will be advised of all applications and be given an opportunity
to determine whether or not an inspection is warranted. Other city
departments or state, federal or county agencies may be asked to review
the application, as warranted by the nature of the business or type
of residential occupancy for which application is made.
(b) Inspections.
The city fire and building departments
shall be provided access to the property for a physical inspection
of the premises to assure adherence to the requirements of the International
Fire Code and the International Building Code and associated trade
codes. Access to the property for a physical inspection of the premises
shall be given to the Tarrant County health department, the city police
department, and any other city department, or state, federal or county
agency, if such inspections are warranted by the nature of the business
or type of occupancy for which application is made.
(c) Failure to make premises available for inspection.
It is the responsibility of the applicant to make the premises available for inspection during regular working hours by all applicable departments or agencies. Failure to do so within fifteen calendar days of the date of acceptance of the application will result in the voiding of the application and the requirement to reapply and pay a fee provided for in the fee schedule found in appendix
A of this code.
(d) Proof of valid permits, licenses and certificates.
The
applicant must have all federal, state, county and city permits, licenses,
and/or certificates that pertain to the use stated in the occupancy
permit application.
(e) Failure to pass inspections.
If the building or land
does not pass all applicable inspections, an occupancy permit will
not be issued.
(2001 Code, sec. 4.305; Ordinance
adopting Code)
Upon authorization by the city manager or his appointee, and
for good cause shown, the application for an occupancy permit and
temporary services may be continued for an additional fifteen days
beyond the original date of acceptance of the application while compliance
is sought.
(2001 Code, sec. 4.306)
An occupancy permit will be issued to the applicant by the city
manager or his appointee when all of the requirements of this article,
and any other city, state, county or federal requirements which pertain
to the use of the property for which application has been made, have
been met.
(2001 Code, sec. 4.307)
Valid occupancy permits issued prior to the effective date of the ordinance codified in this article will remain in effect until such time as the use of the property for which the permit was issued ceases to operate, or there is a change of ownership of the business, or a change in use. Subsequent occupancy permits will not be issued until the requirements of this article are met. Occupancy permits issued prior to the effective date of the ordinance codified in this article which are found to be invalid under the terms of section
4.02.009 are subject to revocation.
(2001 Code, sec. 4.308)
The certificate of occupancy shall be posted in a conspicuous
place on the premises.
(2001 Code, sec. 4.310)
If all the provisions of this article are not met, an occupancy
permit will not be issued and city services, such as, but not limited
to, water, sewer, and sanitation, will not be permitted to be used
on or connected to the premises.
(2001 Code, sec. 4.312)
Any person found guilty of violation of the provisions of this article is guilty of a misdemeanor and shall, upon conviction thereof, be fined in accordance with the general penalty provision found in section
1.01.009 of this code. Each and every day of a violation of the provisions of this article shall be deemed a separate offense.
(2001 Code, sec. 4.313)