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Villa Park City Zoning Code

ARTICLE 23

13.- CERTIFICATES OF USE AND OCCUPANCY

Sec. 23-13.1.- Intent.

No vacant land in any zone established under the provisions of this chapter shall hereafter be occupied or used, and no building hereafter erected, structurally altered or moved in any such zone shall be occupied or used until a certificate of use and occupancy shall have been issued therefor by the Building Official.

Sec. 23-13.2. - Application for Certificate of Use and Occupancy.

a.

Application for a certificate of use and occupancy for a new building or for an existing building which has been altered or moved shall be made at the same time as the application for a building permit. Said certificate shall be issued within three (3) days after a written request for the same shall have been made to the Building Official after the erection, alteration or moving of such building or part thereof shall have been completed in conformity with the provisions of this chapter. Pending the issuance of such a certificate, a temporary certificate of use and occupancy may be issued by the Building Official for a period of not exceeding six (6) months during the completion of alterations or during partial occupancy or use of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this chapter and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.

b.

Written application for a certificate of use and occupancy for the use of vacant land or for a change in the character of the use of land, as herein provided, shall be made before any such land shall be so occupied or used. Such a certificate of use and occupancy shall be issued within three (3) days after the application therefor has been made, provided such use is in conformity with the provisions of this Code.

c.

Every certificate of use and occupancy shall state that the building or proposed use of building or land complies with all the provisions of law and of this Code. A record of all certificates of use and occupancy shall be kept on file in the office of the Building Official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected. No fee shall be charged for a certificate of use and occupancy.

d.

No permit for excavation for any building shall be issued before application has been made for a certificate of use and occupancy.

Sec. 23-13.3. - Completion of Building.

Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has heretofore been issued and upon which actual construction has begun.

Actual construction is hereby defined to be the actual placing of construction materials in their permanent position fastened in a permanent manner, except that where a basement is being excavated such excavating shall be deemed to be actual construction or where demolishing or removal of an existing building or structure has been begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work be diligently carried on until the completion of the building or structure involved.

Sec. 23-13.4. - Enforcement, Legal Procedure, Penalties.

a.

It shall be the duty of the Building Official to enforce the provisions of this chapter pertaining to the use of land, the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure.

b.

It shall be the duty of the Health Department of Orange County to enforce the provisions of this chapter pertaining to the maintenance and use of property structures and buildings so far as matters of heath are concerned.

c.

It shall be the duty of the Sheriff of Orange County and of all officers of said County otherwise charged with the enforcement of the law to enforce this chapter and all the provisions of the same.

d.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to the penalty stated in Chapter I, Article 1-5.

e.

Any building or structure set up, erected, built, moved or maintained and/or use of property contrary to the provisions of this chapter and/or any conditions attached to the granting of any conditional use permit or variance pursuant thereto shall be and the same is hereby declared to be unlawful and a public nuisance and the duly constituted authorities of the City shall, upon order of the City Council, immediately commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building, structure or use and restrain and enjoin any person, firm or corporation from setting up, erecting, building, moving or maintaining any such building or structure or using any property contrary to the provisions of this section.

f.

Failure to abide by and faithfully comply with any and all conditions that may be attached to the granting of any conditional use permit or variance pursuant to the provisions of this Chapter shall constitute grounds for the revocation of said conditional use permit or said variance by the City Council. All remedies provided for herein shall be cumulative and not exclusive.