§ 10.703. Certificate of occupancy.

A building or structure shall not be used or occupied in whole or in part until a certificate of occupancy has been issued by the city. A building or structure erected or altered in whole or in part shall not be used or occupied until such a certificate has been issued, except that a use or occupancy in an already existing building or structure that was not discontinued during its alteration may be continued for 30 days after completion of the alteration without issuance of a certificate of use and occupancy. A certificate of occupancy shall be issued when the work covered by a building permit has been completed in accordance with the permit, the code and other applicable laws and ordinances. On request of a holder of a building permit the city may issue a temporary certificate of use and occupancy for a building or structure, or part thereof, before the entire work covered by the building permit has been completed, if the parts of the building or structure to be covered by the certificate may be occupied before completion of all the work in accordance with the permit, the code and other applicable laws and ordinances, without endangering the health or safety of the occupants or users. When a building or structure is entitled thereto, the city shall issue a certificate of use and occupancy within five business days after receipt of a written application on the prescribed form and payment of the fee to be established by city council. The certificate of occupancy shall certify that the building or structure has been constructed in accordance with the building permit, the code and other applicable laws and ordinances. Certificates of occupancy shall be issued to the occupant. In a multi-tenant building each individual occupant shall obtain a certificate. A copy of the certificate of occupancy shall be conspicuously posted in public view on the premises used for any purpose other than residential.

The following shall apply in the issuance of any certificate:

(1)

Certificates not to be issued. No certificate of occupancy pursuant to the Building Code of the City of Madison Heights shall be issued for any building, structure or part thereof, or for the use of any land, which is not in accordance with all the provisions of this Ordinance.

(2)

(a)

Expiration: Certificates shall expire immediately upon any change in the use, ownership or occupancy of the structure, or a portion thereof.

(b)

Ownership changes: Where only the ownership of a multi-tenant building changes the building owner shall be responsible for obtaining a new certificate for each tenant. The fee for each new tenant certificate shall be 20 percent of the regular fee.

(3)

Certificates including zoning. Certificates of occupancy as required by the Building Code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this Ordinance.

(4)

Certificates for existing buildings. Certificates of occupancy will be issued for existing buildings, structures, or parts thereof, or existing uses of land, if, after inspection, it is found that such structures, buildings, or parts thereof, or such use of land are in conformity with the provisions of this Ordinance. It shall hereafter be unlawful for any person to occupy any existing commercial and/or industrial building or premises located within the City of Madison Heights which has been vacated by a tenant, lessee or owner, unless such person desiring to reoccupy such building or premises shall first make application for and obtain a certificate of occupancy from the building official.

(5)

Temporary certificates. Nothing in this Ordinance shall prevent the city from issuing a temporary certificate of occupancy for a portion of a building or structure in process of erection or alteration, provided that such temporary certificate shall not be effective for a period of time in excess of 90 days and may not be renewed more than once for a total of 180 days provided that such portion of the building, structure or premises is in conformity with the provisions of all applicable ordinances. The applicant for a temporary certificate of occupancy shall, prior to the issuance of said temporary certificate, deposit with the City of Madison Heights the required fees and performance guarantees established by resolution of city council.

(Ord. No. 620, § 1, 2-26-79; Ord. No. 1076, § 22, 10-12-10)