14-1-106 CERTIFICATE OF OCCUPANCY AND USE COMPLIANCE

A. Certificate Required. It is unlawful to use or occupy, or to permit the use or occupancy of any building or premises prior to issuance of a Certificate of Occupancy for the premises and/or building by the City. It is unlawful to occupy, or to allow to be occupied, any building which has a greater intensity of use or different occupancy than specifically provided for in the Certificate of Occupancy as permitted by this Title. B. Issuance of Certificate. A Certificate of Occupancy or a final occupancy approval, hereinafter referred to as "Certificate" shall be issued by the Engineering and Building Department of the City at the time a building is completed and final inspection conducted. A new Certificate shall be required any time the occupancy of the building changes to a more intensive use. C. Penalty for Violations. Failure to obtain a Certificate of Occupancy for occupying, or allowing to be occupied, any structure regulated by the International Building Code or the International Residential Code, or for changing the intensity of use beyond that approved by the Certificate of Occupancy issued under this Code is a Class "C" misdemeanor for each such offense. D. Nuisance. The occupancy of any building for which a Certificate of Occupancy has not been issued is hereby declared to be a nuisance and may be abated as such. It shall also be a nuisance for any building to be occupied with greater intensity than authorized herein, or for any other occupancy than is authorized in the certificate or required under this Title. E. Illegal Use. The occupancy or use of any property or structure for a purpose not permitted by this Title shall be deemed an illegal use and may be prosecuted to the extent allowed by law. F. Illegal Change of Use. Any person, individual, corporation, or other party that changes the use of a structure or property to a use not permitted by current City ordinances, without first obtaining required re-zoning, variance or other use approvals from the City, is guilty of a class C misdemeanor. G. False Representation. Any person, individual, corporation, or other party that, for purpose of selling or leasing real property, represents either orally or in writing that a property or structure has a lawful use when in fact that use is unlawful under current City ordinances, is guilty of a Class C misdemeanor. This includes real estate agents and any other persons engaged in the marketing of a property. H. Zoning Disclosure Required. Any seller, lessor, or any person representing a seller or lessor of real property, shall disclose in a prominent location on any listing or other promotional material (not including signs), the zoning designation of the subject property given on the current official zoning map of the City. This disclosure shall include both the zone map classification and the zone name, i.e., R-4, Single Family Residential.