03-25-13 Agenda & Packet - Laserfiche WebLink

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Lb -43 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE, CHAPTER 6, ARTICLE 1,SECTION 6-4.4(b)(3); RENUMBERING CERTAIN SECTIONS OF CHAPTER 6,ARTICLE 2; AND ADDING A NEW,RENUMBERED SECTION 6-6.2, CERTIFICATE OF OCCUPANCY,TO CHAPTER 6,ARTICLE 2. STATEMENT OF PURPOSE AND INTENT The South Bend Municipal Code at Chapter 6,Article 1, Section 6-4.4(b)(3)presently refers to a Certificate of Occupancy within the provisions of the Building Code. This section of the Building Code has been deleted. For the safety and protection of all citizens occupying or using public buildings or new dwellings,a need has been determined to incorporate provisions for issuance of a Certificate of Occupancy in the South Bend Municipal Code. NOW,THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. Chapter 6,Article 1, Section 6-4.4(b)(3)of the South Bend Municipal Code be and hereby is amended to read as follows: (3) Issue or deny certificates of occupancy, in accordance with provisions of the Building Code and Section 6-6.2 of the South Bend Municipal Code. SECTION II. Chapter 6,Article 2, Section 6-6.2, Section 6-6.3, Section 6-6.4,and Section 6- 6.5 shall be and hereby are renumbered as Section 6-6.3, Section 6-6.4, Section 6-6.5,and Section 6-6.6 respectively. SECTION III. A new Section 6-6.2,Certificate of Occupancy, shall be and hereby is added as follows: Section 6-6.2, Certificate of Occupancy. (A) General. A Certificate of Occupancy shall be required for all new residential dwelling,new non- residential structures,and non-residential structures with renovations over the cost of$10,000,with the exception of a renovation involving life safety issues. (B) Use and Occupancy. No building or structure as listed in Section 6.6.2(A)shall be used or occupied until the building official has issued a Certificate of Occupancy as provided herein. Issuance of a Certificate of Occupancy shall not be construed as an approval or waiver of a violation of the provisions of the Building Codes or of any other ordinances enforced by the Building Department. It shall be unlawful to use or occupy a building or structure as listed in Section 6.6.2(A)without the issuance of a Certificate of Occupancy.