§ 18-23. Certificate of occupancy.  


Latest version.
  • (a)

    Required. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building, structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided in this section. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this chapter or of any other ordinances. Certificates presuming to give authority to violate or cancel the provisions of this chapter or any other ordinances shall not be valid.

    (b)

    Change in use. Changes in the character or use of a building shall not be made except as specified in either chapter 34 of the International Building Code or the International Existing Building Code.

    (c)

    Issuance; contents. It shall be the responsibility of the permit holder to request a final inspection and to apply for a certificate of occupancy when required. The permit holder shall be excused from this responsibility only if the owner of property has applied for and secured a certificate of occupancy. After the building official or his authorized representative inspects the building or structure and finds no violations of the provisions of this chapter or other laws which are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy, which shall contain the following:

    (1)

    The building permit number.

    (2)

    The address of the structure.

    (3)

    A description of that portion of the structure for which the certificate is issued.

    (4)

    A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and the use for which the proposed occupancy is classified.

    (5)

    The name of the building official.

    (6)

    The edition of the code under which the permit was issued.

    (7)

    The use and occupancy, in accordance with the provisions of chapter 3 of the International Building Code.

    (8)

    The type of construction as defined in chapter 6 of the International Building Code.

    (9)

    Any special stipulations and conditions of the building permit.

    (10)

    Whether an automatic sprinkler system is provided throughout the building.

    (d)

    Temporary certificate of occupancy. If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the building is completed, a temporary certificate of occupancy may be issued for the use of a portion of a building or structure prior to the completion of the entire building or structure.

    (e)

    Violations. It shall be unlawful for:

    (1)

    A permit holder or building owner to permit occupancy of a structure before a certificate of occupancy is issued.

    (2)

    A permit holder or building owner to permit occupancy of any structure for which a temporary certificate of occupancy has been issued and the temporary certificate has expired.

    (3)

    Any person to occupy any structure for which a certificate of occupancy has not been issued.

    (4)

    Any person to occupy any structure for which a temporary certificate of occupancy has been issued and the temporary certificate has expired.

    (f)

    Suspension or revocation. The building official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this code whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any provisions of this code, or other pertinent laws or ordinances within this code. The holder of a certificate of occupancy may request a hearing before the building official to consider the suspension or revocation of a certificate of occupancy.

(Ord. No. 040477, § 1, 8-12-04; Ord. No. 071193, § 1, 1-3-08; Ord. No. 120375, § 1, 5-24-12)