38-25 Amending Articles 1 Through 7 and Article 11 of Chapter 6 of the South Bend Municipal Code to Update Regulations Governing the Building Department

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appropriate enforcement official may file a lawsuit as provided by applicable law to enforce the terms and provisions of this Ordinance. (i) Seeking a penalty as authorized in this section does not preclude the City from seeking alternative and additional relief from the Court in the same action, or from seeking injunctive relief or any other remedy in a separate action for the enforcement of this Ordinance available under applicable Indiana law. (j) Any person or anyone acting on behalf thereof who violates or fails to comply with any of the provisions of the Building Code shall be guilty of an offense and, upon conviction thereof, shall be fined five hundred dollars ($500.00). Each day that a violation is permitted to exist shall constitute a separate offense. In the event that a violation of this Ordinance is determined to exist by a court of competent jurisdiction, the owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent,or other person who commits, participates in, assists, directs, creates, or maintains any situation that is in violation of the terms and provisions of this Ordinance shall be liable to the City of South Bend for the City's reasonable attorney fees in accordance with Indiana law. (Ord. No. 8243-92, § 1) (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 fifty thousand dollars($50,000.00), with the exception of a renovation involving life safety issues. (b) Use and Occupancy. No building or structure as listed in Subsection 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 Subsection 6.6.2(a) without the issuance of a Certificate of Occupancy. (c) Certificate Issued. After the building official inspects the building or structure and finds no violations of the provision of the Codes listed above, the building official shall issue a Certificate of Occupancy that contains the following: (1) The building permit number. (2) The address of the structure. (3) The name and address of the owner. (4) The township in which the structure is located. (5) The name and address of the general contractor. (6) The State project number, if applicable. (7) The zoning of the property. (8) The occupancy group/use of the structure. ( 9) A statement that the described structure or portion of the structure has been inspected for compliance with the requirements of the codes for the occupancy and use for which the proposed occupancy is classified. (10) Any special stipulations and conditions of the building permit. Page 16 of 42