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(d) Temporary Occupancy. The building official is authorized to issue a Temporary Certificate
<br /> of Occupancy before the completion of the entire work covered by the permit, provided that
<br /> such portion or portions shall be occupied safely. The building official shall set a time
<br /> period during which the Temporary Certificate of Occupancy is valid.
<br /> (e) Revocation. The building official is authorized to, in writing, suspend or revoke a
<br /> Certificate of Occupancy issued under the provision of this section wherever the Certificate
<br /> is issued in error, or on the basis of incorrect information supplied, or where it is determined
<br /> that the building or structure or portion thereof is in violation of any regulation of the
<br /> provisions of the codes and/or ordinances.
<br /> (Ord. No. 10225-13, § III, 3-25-13)
<br /> Sec. 6 6.3. Moving permit.
<br /> (a) No person, firm, or corporation shall move any building or structure in the City or cause the
<br /> same to be done without obtaining in advance a moving permit from the Department;
<br /> provided, however, that the provisions of this section shall not apply to the moving of
<br /> manufactured housing prior to its initial installation in compliance with the provisions of the
<br /> South Bend Municipal Code.
<br /> (b) The applicant must file with the Department a completed application on the form provided,
<br /> with all information indicated on the application submitted in full and with all other
<br /> required information, including: the extreme height, width and length of the structure when
<br /> mounted; the proposed route over which the structure will be moved; a plot plan showing
<br /> the structure in its proposed new location; affidavits from all public utility companies,
<br /> railroads, service companies, and cable television companies with facilities along the
<br /> proposed route, certifying that the applicant has deposited with such company or agency
<br /> satisfactory surety to cover the cost of any damage or changes in facilities resulting from the
<br /> moving of the structure over the proposed route; and any additional information the
<br /> department deems necessary for enforcement of the Building Code. The applicant shall also
<br /> provide a certificate of insurance showing property damage coverage in the amount of one
<br /> million dollars ($1,000,000.00) and liability coverage in the amount of five million dollars
<br /> ($5,000,000.00), naming the City of South Bend as co-insured.
<br /> (c) Within three(3) days after the completed application and required information has been
<br /> filed, the Department shall submit the application and information to the Bureau of Traffic
<br /> and Lighting, the Engineering Department, the Police Department, the Park Department and
<br /> the Building Commissioner for review and recommendations, with their recommendations
<br /> being submitted to the Department within five(5) days. The Department shall immediately
<br /> forward the application, other information, certificate of insurance, and recommendations to
<br /> the Board of Public Works.
<br /> (d) At its next regularly scheduled meeting, the Board of Public Works shall review the
<br /> application, information, certificate of insurance, and recommendations to determine the
<br /> effect that the move of the structure will have on public health, safety or welfare, as well as
<br /> any possible physical damage to public streets, sidewalks, other public ways and public
<br /> places and other properties. The Board shall recommend to the Department whether or not
<br /> to issue the permit. The Department shall follow the recommendation of the Board and shall
<br /> not issue a moving permit without an affirmative recommendation from the Board. In the
<br /> event of denial of a permit, the Department shall notify the applicant of such denial in
<br /> writing setting forth the specific reasons for such denial.
<br /> (e) In the event that the Department denies the moving permit, the applicant shall have the right
<br /> to request a hearing to review such denial before the Mayor or his designee. Such request
<br /> shall be made in writing to the Mayor within seven (7) days of the Department's denial of
<br /> the permit. Notice of hearing for denial of the permit shall be in writing given by the Mayor
<br /> or his designee. Service of such notice shall be made either by personal service, which shall
<br /> be certified, or by certified mail, return receipt requested, to the applicant at the last known
<br /> address, at least five(5) days prior to the date of the hearing. The Mayor or his designee
<br /> shall file a copy of his findings and determination with the Department, the Board of Public
<br /> Works, and the applicant within twenty-four(24) hours after it is made. The determination
<br /> of the Mayor or his designee shall be the final municipal action for the purpose of judicial
<br /> review.
<br /> (Ord. No. 8243-92, § 1; Ord. No. 10225-13, § II, 3-25-13)
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