Article 16-71

OCCUPANCY INSPECTIONS

Sections:

16-71.010 Definitions. 16-71.020 Requirement for inspection. 16-71.030 Nature of inspection. 16-71.040 Corrective action. 16-71.050 Voluntary inspections.

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise:

(a) Business means any activity for which a business license is required under Chapter 4, Article 4-05 of this Code, except a business conducted within a singlefamily dwelling as a home occupation.

(b) Change of use means any change in the character or use of a structure that would place the building in a different division of the same group of occupancy under the Uniform Building Code or in a different group of occupancies under such Code.

(c) Single-family dwelling means a detached dwelling unit, or a condominium or townhouse unit, which is separately owned and intended for occupancy by one family. A site containing a single-family dwelling as the main structure thereon and an accessory dwelling unit shall be treated as a single-family dwelling for purposes of this Article.

(d) Transfer of ownership , as applied to real property or a business, means any conveyance, assignment, or other transfer, by any means, of more than fifty percent of the equitable ownership interest in the real property or business. (Amended by Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 348, § 1(Att. A, § 10), 1-18-2017)

(a) An occupancy inspection pursuant to this Article shall be required prior to the occurrence of any of the following events:

(1) Transfer of ownership of any real property, except a site having a single-family dwelling as the main structure thereon.

(2) Transfer of ownership of any business.

(3) Change of use of any structure.

(4) The original issuance of a new business license pursuant to Article 4-05 of this Code, except a license to engage in a home occupation. No inspection shall be required for the annual renewal of a previously issued business license.

(b) No transfer of ownership shall be invalidated as a result of the failure to arrange for a prior occupancy inspection, but such inspection may be initiated and conducted by the City at any time after discovery by the building official that the transfer has occurred. The obligation to take corrective action, as described in Section 16-71.040 of this Article, shall be imposed upon the current owner of the real property or business.

(a) Request for inspection. Occupancy inspections shall be conducted by the building official, or his designated representative, upon a request and appointment being made by the owner or occupant of the real property or the owner or operator of the business. An inspection fee shall be charged, in such amount as established from time to time by resolution of the City Council.

(b) Scope of inspection. Where an occupancy inspection is being made in connection with the transfer of real property, the entire site to be transferred shall be inspected. Where the occupancy inspection is being made in connection with the establishment or transfer of a business or a change of use, the premises where such business or use is conducted shall be inspected.

(c) Subject of inspection. The occupancy inspection shall be made for the purpose of determining whether the real property or premises and the proposed use thereof comply with the following:

(1) All applicable zoning regulations of the City.

(2) All applicable state and local building codes and regulations, including, but not limited to, the uniform codes adopted in this Chapter.

(3) All applicable federal, state and local statutes, ordinances, rules and regulations pertaining to hazardous materials or hazardous wastes, including, but not limited to, requirements for the establishment and maintenance of any business, management or emergency response plan.

(d) Inspection report. Within ten days after completion of the inspection, the building official shall issue an inspection report to the person who originally

(Saratoga Supp. No. 57, 1-26)

438.34

16-71.050

requested the inspection, or to the owner of the property if no prior request was made. The report shall also be made available to any other person requesting a copy thereof. The report shall include any directive issued by the building official for the performance of corrective work described in Section 16-71.040 of this Article.

(e) Duration of inspection report. The inspection report shall be effective for a period of eighteen months from the date of the report. If the intended transfer of ownership or establishment of business or change of use is not accomplished within such period of time, an updated report must be obtained from the building official.

(f) Reliance upon inspection report. The inspection report shall not constitute and shall not be construed as a representation or warranty by the building official that no violation of law exists except as may be stated in the report. Nothing contained in the report shall prevent the City, or any other public agency, from enforcing any statute, ordinance, rule or regulation if a violation thereof is later found to exist.

(a) Upon a determination by the building official that a violation of any statute, ordinance, rule or regulation described in Section 16-71.030(c) exists, the building official may order such corrective work to be performed as he deems necessary or appropriate to protect the health or safety of the occupants of the structure and the general public.

(b) The corrective work shall be commenced and completed within such times as specified by the building official. Unless authorized by the building official, no business license may be issued or change of use established until the corrective work has been completed to the satisfaction of the building official.

Any owner of a single-family dwelling, or the authorized agent of such owner, may voluntarily request that an occupancy inspection of the property be conducted pursuant to this Article. The inspection report shall have the same force and effect as report issued in connection with a mandatory inspection.

438.35

(Saratoga Supp. No. 57, 1-26)