[HISTORY: Adopted by the City Council of the City of Englewood 7-6-1978 by Ord. No.
2318 (§§ 9-44 to 9-51 of the 1978
Revised General Ordinances). Amendments noted where applicable.]
[Amended 10-15-1985 by Ord. No. 85-40]
A.
The Council finds that periodic inspections of buildings used for
residential, commercial and industrial purposes are necessary to protect
the public health, safety, and welfare.
B.
The Council also finds that such periodic inspections and the requiring of a certificate of continuing occupancy prior to reoccupancy and reuse of a vacated premises used for residential, commercial or industrial purposes will assist in the enforcement of and the ensuring of compliance with various ordinances of the City, including Chapter 317 (Property Maintenance), Chapter 250 (Land Use), Chapter 167 (Construction Codes, Uniform), Chapter 212, Article II (Fire Prevention Code), and any other applicable laws.
[Amended 10-15-1985 by Ord. No. 85-40]
As used in this chapter, the following terms shall have the
meanings indicated:
The Construction Official of the City of Englewood.
Includes all uses of property other than residential or governmental.
Any premises used for residential purposes consisting of three or more dwelling units as that term is defined in Chapter 317, Property Maintenance, of the Code of the City of Englewood.
Includes all residential uses of property, including premises
used as a single-family dwelling, a two-family dwelling, or a multifamily
dwelling.
[Amended 10-15-1985 by Ord. No. 85-40]
No person shall occupy or use any building or portion thereof
for residential, commercial or industrial purposes, after such building
or portion thereof has been vacated or sold, or for which there has
been a change in use or a change in occupancy, until such person shall
have applied for and secured a certificate of continuing occupancy
therefor from the Chief Inspector.
The fee for a certificate of continuing occupancy shall be as provided for in Chapter 191, Fee Schedule.
A.
No certificate of continuing occupancy shall be issued hereunder until an inspection is made by the Chief Inspector of the building or portion thereof requiring a certificate of continuing occupancy hereunder. The Chief Inspector shall determine whether the building or a portion thereof and the proposed use therefor complies with the applicable provisions of Chapter 317 (Property Maintenance), Chapter 167 (Construction Codes, Uniform), Chapter 250 (Land Use), and any other ordinances and laws of the City of Englewood pertaining to the use, occupancy, or maintenance of said premises.
B.
The Chief Inspector shall cause such inspection to be made promptly
following notification of a vacancy and shall issue a certificate
of continuing occupancy only after he shall have determined that the
premises or proposed use therefor complies with all applicable provisions
of the aforesaid ordinances and laws.
C.
If the Chief Inspector shall determine that the premises or the proposed
use thereof is not in compliance with the aforesaid ordinances and
laws, he shall deliver written notice thereof to the applicant, advising
of the respects in which the premises or proposed use therefor do
not comply with such ordinances and laws.
D.
The Chief Inspector may issue a temporary certificate of continuing
occupancy, notwithstanding a failure to comply with the aforesaid
ordinances and laws, permitting use or occupancy of the premises while
corrective action is being taken and upon such further conditions
as he deems reasonable. No such temporary certificate shall be issued
unless the Chief Inspector determines that the same will not pose
an imminent or substantial danger to the public health, safety, or
welfare.
Whenever the Chief Inspector shall deny the issuance of a certificate
of continuing occupancy by reason of a determination that the premises
or proposed use therefor do not comply with the applicable provisions
of any ordinance or law respecting the use, occupancy or maintenance
of said premises, the applicant therefor may appeal said decision
in accordance with any appeal procedures set forth in the ordinance
or law to which the alleged violation applies.
This chapter is intended to supplement existing ordinances and
other laws pertaining to the use, occupancy, and maintenance of premises
within the City and shall not be construed to excuse any person from
complying with such other ordinances and laws.
In addition to any penalties which may be imposed herein, the
provisions of this chapter may be enforced in an appropriate civil
proceeding through injunctive relief or such other relief as the court
deems proper.
[Added 10-15-1985 by Ord. No. 85-40]
To assist in the enforcement of this chapter, a notice shall
be include on all tax search and added assessment searches prepared
by the Tax Collector of the City of Englewood stating that a certificate
of continuing occupancy is required for a change in use and occupancy,
sale, or vacation of any building or portion thereof used for residential,
commercial or industrial purposes within the City of Englewood; provided
however, that a failure to affix such notice shall not constitute
a defense for the failure to obtain a certificate of continuing occupancy
in violation of this chapter.
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
