§ 331-137. Certificates of occupancy.

Except under written authorization of the Board of Appeals as provided in Article XV of this chapter, no certificate of occupancy or compliance may be issued unless such occupancy is in complete conformity with the provisions of this chapter. A certificate of occupancy may continue in effect as long as such occupancy or use is in full compliance with the provisions of this chapter and any requirements made in connection therewith at the time of the issuance thereof. The details of any detailed statement or plan approved by the City Council, Planning Board, Building Official, Board of Appeals on Zoning, Board of Standards and Appeals, or Historic and Landmarks Review Board, acting under the terms of this chapter, and any conditions attached to such approval, shall be deemed to be such requirements.

A. 

Application. All applications for certificates of occupancy or certificates of compliance shall be on forms furnished by the Building Official for new buildings or for an existing building which has been altered and shall be made after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter. Such certificates shall be issued within 10 days after receipt of this application, provided that all applicable codes or ordinances in effect are complied with. In the event that the Building Official denies a certificate of occupancy or compliance, notice of the denial setting forth the reasons therefor shall be sent to the applicant within 10 days after receipt of the written application.

B. 

Temporary certificates of occupancy. A temporary certificate of occupancy may be issued by the Building Official for a period not to exceed 90 days during the completion of any construction alterations that are required under the provision of any law or ordinance. Temporary certificates may be renewed by the Building Official for periods not exceeding 90 days, but in no event shall temporary certificate renewals exceed a total of 12 months except where the Building Official determines that issues of public safety would justify a further exemption. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the City respective to the use or occupancy of the land or building or any other matter covered by this article, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately assure the health, safety and welfare of the occupants of the building and of adjacent buildings and land.

C. 

Every certificate of occupancy shall state that the building or the proposed use of the building or land complies with all provisions of law and of this chapter and all other ordinances of the City.

D. 

Each certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which its applies.

E. 

Upon written request by the owner, the Building Official shall, after inspection, issue a certificate of occupancy for any building or use thereof of land existing at the time of adoption of this chapter, certifying such use and whether or not the same and the building conform to the provisions of this chapter.

F. 

A record of all certificates of occupancy shall be kept in the office of the Building Official, and copies shall be furnished, on request, to any agency, authority or person having a proprietary or tenancy interest in the building or land affected.

G. 

Any change in the use of building or of land in any district from one enumerated use provided in Article V of this chapter to another of the enumerated uses so provided shall, for the purposes of this section, be deemed to be a change in use of a building or land.

H. 

Where landscaping or screening, or both, are required under site plans approved by the Planning Board, pursuant to which a building permit has been issued, and such work has not been completed, no temporary certificate of occupancy shall be issued unless the applicant for such certificate complies with the following requirements:

(1) 

Deposits with the application a performance bond, issued by an insurance company authorized to do business in the State of New York, guaranteeing satisfactory completion of the work required within the time limitation of the certificate, or any extension thereof, in a penal sum equal to the cost of the work, as estimated by the Building Official; or

(2) 

Deposits a certified check to the order of the City of New Rochelle with the application, in a sum equal to the cost of the work, as estimated by the Building Official, together with an agreement to perform the work within the time limitation of the certificate or any extension thereof and, in default thereof, giving the City of New Rochelle the option to perform the work, to apply the sum deposited to the cost and to charge the applicant for any cost of the work in excess of the deposit.

I. 

Unlawful occupancy. The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building Official:

(1) 

Occupancy and use of a building hereafter erected, structurally altered or moved or any change in use of an existing building.

(2) 

Occupancy, use or any change in the use of the land.