(a) 
Except for residential uses and accessory structures thereof, all structures used for any purpose or occupied by any person or entity as indicated below require the issuance of a certificate of occupancy for the structure and each individual tenant space. Certificates of occupancy shall be required for the following categories:
(1) 
Structure/property ownership:
a. 
Commercial structures:
1. 
Single-tenant structures,
2. 
Multi-tenant structures,
3. 
Building shell construction.
b. 
Multi-family structures with an on-site management office or semi-public pools.
c. 
A certificate of occupancy by structure/property owners shall be required only once and does not have to be resubmitted unless the structure/property changes ownership, or at which time there is any enlargement of structure.
d. 
Change of ownership does not include tenant change or individual tenant business ownership change.
(2) 
Tenants.
a. 
Commercial structures only:
1. 
Includes but not limited to new businesses, re-located existing businesses, change of business ownership, change of business name,
2. 
Existing tenants where a certificate has not been previously issued,
3. 
Temporary occupation or use of any property, or tenant space.
(b) 
Property owners, business managers and/or business owners shall be required to submit the application for certificate of occupancy, and receive approval from the director's office prior to occupancy.
(c) 
Certificates of occupancy issued for building shell construction shall be permitted only when the originally approved scope of work for construction meets the definition of building shell as provided in article II of this chapter.
(Ordinance 1860 adopted 4/12/2010)
Certificates of occupancy shall be applied for on a form to be provided by the director. The forms shall include all information deemed necessary by the director to protect the health and life safety of each occupant, and to verify compliance with all adopted codes and ordinances.
(Ordinance 1860 adopted 4/12/2010)
Fees for certificates of occupancy shall be listed in the adopted schedule of development fees as maintained in the director's office. All application fees are non-refundable and due upon receipt of application.
Exception: Fees shall not be charged for any certificates of occupancy for ownership of structure/property which existed prior to the adoption of this ordinance, or for tenants which existed prior to the adoption of this ordinance.
(Ordinance 1860 adopted 4/12/2010)
After completion of inspections and remediation of any deficiencies and payment of the applicable fees, the director shall issue a certificate of occupancy. Issuance of a certificate of occupancy does not provide waiver of any requirements which may be listed in the city's adopted codes or ordinances.
(Ordinance 1860 adopted 4/12/2010)
If any person, owner, or occupant ceases to own or occupy the structure or space, or when there is a change in name or use of the structure, the certificate of occupancy shall automatically terminate and a new application for certificate of occupancy shall be submitted for review and inspection according to this chapter.
(Ordinance 1860 adopted 4/12/2010)
(a) 
In addition to the penalties provided for in section 5-2 and the injunctive relief provided in section 5-3 of this chapter, operation of a business or office without a valid certificate of occupancy issued in accordance with section 5-90 or 5-96 may result in temporary closure of the event, structure or space until the required certificate is obtained.
(b) 
Should the director's office determine an event, structure or space is open to occupancy and that said event, structure or space does not have a valid certificate of occupancy, a notice, in writing and signed by the director or designated representative, shall be hand delivered to the responsible party, property owner or senior occupant of the operating premises by a city employee notifying them of the violation.
(c) 
The occupant, owner, or owner-occupant shall respond to the notification within five (5) working days by either presenting a valid certificate of occupancy or presenting just cause why the facility should not be closed until such a certificate is obtained.
(d) 
In the event of closure, a placard shall be placed at the facility noting the facility is closed to the public pending a valid certificate of occupancy. The placard shall not be removed until a valid certificate of occupancy is obtained and shall only be removed by the director. Removal of the placard shall be deemed a violation of the Code of Ordinances, subject to the penalties noted in section 5-2.
(Ordinance 1860 adopted 4/12/2010)
(a) 
The director may issue a temporary certificate of occupancy for the following situations:
(1) 
Approved commercial "shell" construction projects,
(2) 
Construction projects under an active permit where extenuating circumstances prevent a project from being completed and final inspection approved prior to requesting final occupancy, or
(3) 
Vacant lots proposed for a temporary use which is permitted within chapter 3 zoning ordinance, or
(4) 
Events listed below such as qualified neighborhood events, special events, or miscellaneous events.
(b) 
A temporary certificate of occupancy shall not be issued for a period exceeding ninety (90) days per issuance. Request for a temporary certificate of occupancy shall be submitted to the director's office for review.
(c) 
The director may issue a temporary certificate of occupancy for other instances such as qualified neighborhood events, special events, and miscellaneous events.
(d) 
No event, occupancy, or use shall occupy any property or structure which has not been reviewed for the specific event, occupancy, or use. Events, occupancies, or uses outside the normal functions of the property shall be required to apply for a temporary certificate of occupancy in the following categories:
(1) 
Qualified neighborhood events.
a. 
Qualified neighborhood event shall refer to any event which meets all of the following conditions:
1. 
Occurs within any residential neighborhood,
2. 
Is not for profit,
3. 
Does not include sale of food, drink or alcohol, and
4. 
Does not include use of amplified sounds.
(2) 
Special events.
a. 
Special event shall refer to any event which meets any of the following conditions:
1. 
Includes the sale of food, drink or alcohol, or
2. 
Includes use of amplified sounds, or
3. 
Includes use of the city's right-of-way(s),
Exception: Residential block parties and National Night Out shall be considered qualified neighborhood events.
4. 
Includes non-typical or non-established uses within a property or portion of a property.
Exception: Qualified neighborhood events.
b. 
Temporary food establishment permits and alcohol licenses shall be required for each vendor as required.
c. 
Additional permits may be required depending on the proposed event.
(3) 
Miscellaneous events.
Miscellaneous events shall refer to any event which is not considered a qualified neighborhood event or a special event.
(e) 
Any person or entity who sponsors or organizes an event for which a permit is required, but for which no permit has been obtained, shall be guilty of a class C misdemeanor and shall be fined not more than five hundred dollars ($500.00) for each offense. The failure of a person or entity to obtain a permit as required herein, or the failure of the holder of a permit to comply with the terms of a permit, shall be considered by the city in the issuance of future permits. In addition to the foregoing penalties, the city shall be entitled to injunctive relief against any person or entity which sponsors or organizes a public event for which a permit is required but for which no permit has been issued.
(f) 
It shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered in his or her name or owned or operated by him or her or in his or her possession or under his or her control to be or remain in any space or area on a public right-of-way during an event at which parking is temporarily prohibited. All vehicles that are parked on any space or area on a public right-of-way in the city during an event in violation of temporary parking restrictions shall be removed by the police department and stored until claimed by the rightful owner or person who has the right to such property as provided in division 2 of article V of chapter 18 of the Code.
(g) 
The application for temporary certificate of occupancy shall be submitted as required in the event permit procedures bulletin. Application and procedures bulletin shall be located in the director's office.
(h) 
After review of the submitted application, the City of Alamo Heights shall require portable water closets be provided as required below unless permanent facilities in the appropriate amount are provided:
People Attending
1 hr
2 hrs
3 hrs
4 hrs
5 hrs
6 hrs
7 hrs
8 hrs
9 hrs
10 hrs
1—50
1
1
1
1
2
2
2
2
2
2
50—100
2
2
2
2
2
3
3
3
3
3
100—250
3
3
3
3
4
4
4
6
6
6
250—500
4
4
4
4
6
6
8
8
8
8
500—1,000
4
5
6
7
7
8
8
8
9
9
2,000
6
10
12
13
14
14
14
15
15
15
3,000
9
14
17
19
20
21
21
21
21
22
4,000
12
19
23
25
28
28
28
30
30
30
5,000
15
23
32
32
34
36
36
36
36
36
(Ordinance 1860 adopted 4/12/2010)
(a) 
Fees for temporary certificates of occupancy and associated permits and licenses shall be listed in the adopted schedule of development fees as maintained in the director's office. All application fees are non-refundable and due upon receipt of application.
(b) 
For event type certificates of occupancy, a refundable deposit shall be provided along with the submitted application for the event. The director shall determine the minimum amount of deposit required to ensure that all trash and/or debris from the proposed event is removed and the area cleaned. The applicant shall have eighteen (18) hours from the close of the event to remove all trash and/or debris from the area or the applicant shall forfeit the clean-up deposit.
(Ordinance 1860 adopted 4/12/2010)