Carpinteria Municipal Code Ch. 5.05 Certificate of Occupancy

The purpose of the certificate of occupancy program is to ensure that minimum standards to safeguard life or limb, health and safety, property and public welfare are available to the business occupants or users of a property and to the community. The intent of this chapter is to provide a mechanism for requiring compliance with the zoning, building, fire, health and other safety elements of the city's municipal code prior to occupancy and use promoting desirable working conditions and sound land use.

A. Definition. The "certificate of occupancy" issued by the city manager or his designated department, is a statement that the proposed land, building, and property use of a business is consistent with the general plan, specific plans, municipal code and applicable health and safety codes of the city.

B. Applicability. A certificate of occupancy shall be required each time a new business license is applied for, when an application for transfer of business license is made, or as provided below in subsection (C) of this section.

C. Renewal. A certificate of occupancy pertaining to the renting, leasing or subleasing of any one family dwelling unit in the R-1 single-family residential district, or any portion thereof, shall be reviewed by the city manager and reissued in accordance with the provisions of this chapter.

(Ord. 510 § 1, 1994; Ord. 480 § 4, 1992)

Application shall be made for a certificate of occupancy on a form provided by the city. The application shall be accompanied by a fee in an amount as established by resolution of the city council. The application shall be reviewed by the city manager to process the application, and inspections shall be made by the city and other appropriate public agencies, all pursuant to rules and regulations governing the single-family rental housing inspection program, as adopted by resolution of the city council. Pursuant to those inspections, the city shall issue a certificate of occupancy, or a report in writing listing those deficient items and particulars pursuant to the requirements of Titles 5, 8, 14 and 15 of the Carpinteria Municipal Code which shall be complied with prior to issuance of the certificate of occupancy. No property, building, structure or portion thereof shall be used or occupied by the applicant until the city issues the certificate of occupancy.

(Ord. 555 § 1, 1999: Ord. 510 § 2, 1994: Ord. 423 § 1 (part), 1988)

In analyzing a property for which a certificate of occupancy has been requested, city officials shall take into account all city ordinances and codes pertaining to legal nonconforming uses and structures and shall not refuse to issue a certificate of occupancy solely on the basis of an identified deficient item which, by reason of city ordinances and codes, constitutes a legal nonconforming use, structure, or structural component. No certificate of occupancy shall be issued for any property of which the use, occupancy, or condition constitutes a hazard or threat to public health, safety, or general welfare.

(Ord. 423 § 1 (part), 1988)

If the city finds that no substantial and immediate hazard will result from occupancy of a building and that satisfactory arrangements have been made for compliance with the items listed on the deficiency report, the city manager or his designated department may issue a temporary certificate of occupancy.

(Ord. 423 § 1 (part), 1988)

Appeals shall be processed in accordance with the applicable provisions of Chapter 14.78 and Section 15.08.180 of this code.

(Ord. 423 § 1 (part), 1988)