Chapter 8.11
TEMPORARY OCCUPANCY AND UTILITY PERMITS
Sections:
8.11.02 Connection of utilities.
8.11.03 Temporary occupancy permits.
8.11.04 Temporary utilities permits.
8.11.06 Violations and penalties.
8.11.01 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Temporary occupancy permit” shall mean a permit issued to occupy any building or structure prior to the final inspection and approval required by the Building, Electrical, Mechanical, and Plumbing Codes, the zoning requirements, and the public works requirements of the City or by State laws and regulations.
(b) “Temporary utilities permit” shall mean a permit issued for the connection of electrical and gas facilities prior to the final inspection and approval required by the Building, Electrical, Mechanical, Plumbing, and Fire Codes, the zoning requirements, and the public works requirements of the City or by State laws and regulations.
(c) “Unit” shall be as defined in subsection (u) of Section 6.4.01 of Chapter 4 of Title 6 of this Code. (§ 1, Ord. 77-32, eff. August 4, 1977)
8.11.02 Connection of utilities.
No person shall connect any unit to a utility without receiving approval from the Building Official. (§ 1, Ord. 77-32, eff. August 4, 1977)
8.11.03 Temporary occupancy permits.
The occupancy of a building, or portion of a building, may be permitted before the certificate of occupancy is issued, provided a temporary occupancy permit is obtained from the Building Official. The permittee shall agree to complete the work within the agreed time after the date of the permit. The Building Official may extend the completion date for an additional period upon the written request of the permittee showing good cause. If the work is not complied with within the time specified, the temporary occupancy permit shall become void. Such permit shall be issued only in cases where the owner can demonstrate a need to move into a building before the building is complete.
A deposit shall be required for each temporary occupancy permit. Such deposit shall be equal to an estimate by the Building Official of the labor and materials remaining to complete the construction. Such deposits shall be refundable at the time the construction is completed and the certificate of occupancy is issued for the building. If the permit becomes void or is violated, the deposit shall be forfeited. (§ 1, Ord. 77-32, eff. August 4, 1977)
8.11.04 Temporary utilities permits.
A temporary utilities permit may be issued at the discretion of the Building Official. The owner, contractor, or building permit holder(s) shall not occupy a structure that has been granted a temporary utilities permit until such time as all final inspections are complete and a certificate of occupancy has been issued for the building. A temporary utilities permit is issued upon the execution of a Temporary Utilities Agreement and is required for each utility meter set issued.
Family Dwellings. A deposit of five hundred and no/100ths dollars ($500.00) per one thousand five hundred (1,500) square feet of building space, or portion thereof, shall be required for each temporary gas meter issued during the months of November through February. The deposit for a single building shall not exceed six thousand and no/100ths dollars ($6,000.00). Such deposit(s) shall be refundable after final inspections are complete and the certificate of occupancy is issued for the building. A nonrefundable processing fee of one hundred twenty-five and no/100ths dollars ($125.00) is required for each temporary gas meter issued. If the building is occupied before the certificate of occupancy is issued, the temporary utilities permit shall be void and the deposit forfeited. Temporary gas meter sets for one and two family dwellings and multifamily dwelling may not be obtained during the months of March through October.
Other Occupancies. Temporary gas and electric meter sets for all other occupancies require a deposit of five hundred and no/100ths dollars ($500.00) per one thousand five hundred (1,500) square feet of building space, or portion thereof. The deposit for a single building shall not exceed six thousand and no/100ths dollars ($6,000.00). Such deposit(s) shall be refundable after final inspections are complete and the certificate of occupancy is issued for the building. A nonrefundable processing fee of one hundred twenty-five and no/100ths dollars ($125.00) is required for each temporary gas or electric meter issued. If the building is occupied before the certificate of occupancy is issued, the temporary utilities permit shall be void and the deposit forfeited. (§ 1, Ord. 77-32, eff. August 4, 1977, as amended by § 22, Ord. 88-12, eff. July 6, 1988, and § 1, Ord. 02-05, eff. March 13, 2002; § 1, Ord. 09-14, eff. August 6, 2009)
8.11.05 Deposits.
The deposits required by this chapter shall be in cash, or a time certificate of deposit shall be deposited with the Director of Finance. The time certificate of deposit shall be made payable to the city as the sole payee and be in a form acceptable to the Director of Finance. (§ 1, Ord. 77-32, eff. August 4, 1977)
8.11.06 Violations and penalties.
(a) Any person who sells, leases, or otherwise transfers a building before a certificate of occupancy is issued and represents that such building is ready for occupancy shall be deemed to be in violation of the provisions of this chapter, and permits issued pursuant to Sections 8.11.03 and 8.11.04 of this chapter shall be void.
(b) If the permits authorized by this chapter are not obtained or become void, the Building Official shall order the utilities to be disconnected.
(c) Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable as provided in Section 1.2.01 of Chapter 2 of Title 1 of this Code. Each separate day, or any portion thereof, during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as provided in this section. (§ 1, Ord. 77-32, eff. August 4, 1977)
8.11.07 Severability.
The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter. (§ 2, Ord. 09-14, eff. August 6, 2009)