At least in theory, a newly built home is constructed to follow current municipal codes, with final inspection and a certificate of occupancy when it's done. In a recent court case, the Appellate Division affirmed a judge’s ruling that tenants in a building with a certificate of occupancy violation were allowed to withhold rent, and you and your neighbors may be able to do the same, says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations.. A certificate of occupancy, or CO, is required of all … A Certificate of Occupancy must be obtained before a commercial building or an individual lease space within a commercial building may be occupied, or if changes to an existing occupancy classification are made. All Plan Reviews for Residential and Commercial Projects must be done by a Third Party Agency in the City. ... on the basis of incorrect information supplied by the permit applicant or in violation of the Uniform Construction Code. Bldg dept clerk said “makes no sense, I’ll just fax original occupancy permit”. The certificate must be valid for the use of the building, space or portion thereof. Occupancy Permits. Open – or uncorrected – violations can prevent an owner from selling, refinancing, or obtaining a new Certificate of Occupancy or Letter of Completion. The Occupancy Permit must be obtained within 30 days from initial inspection, which allows time for the correction of all identified violations. The certificate of occupancy—a legal document that specifies “a building’s legal use and/or type of permitted occupancy”—is required for new buildings as well as older ones that have been substantially renovated, says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations. When you’re renting—if the Certificate of Occupancy doesn’t match the building use—your landlord has no legal right to collect rent. Each Regulated Rental Unit is subject to inspection and permit fee every two (2) years. To resolve an OATH/ECB Violation, you must: After that, however, you can expect a home to not meet all codes due to years of repairs, renovations and changes to codes. Please contact Licensing, Inspections and Permits for a list of Licensed Third Party Agencies. Failure to comply with the occupancy inspection process is an ordinance violation and may constitute a summary offense punishable by fine of $300 to $1000. I should have said “something to show we don’t need an UPDATED occupancy permit to live here” (which is what the mort co actually wants). Property may be occupied prior to the inspection, provided there are no life safety issues. ECB violation information is included in the online Buildings Information System (BIS) and appears in property title searches. Certificates of Occupancy also are required for parking lots and commercial storage buildings. I probably said “something to show we don’t need an occupancy permit to live here” (which by law we do). When you establish your business, church, agency, school or organization in a new or existing building, you need a Certificate of Occupancy before you open your doors. The certificate of occupancy shall contain the following information: (1) The permit number and address of the building, structure or facility. For further reference, Code Compliance actions are governed by Chapter 15 of the Maricopa County Zoning Ordinance (PDF). The Department of Licensing, Inspections and Permits handles New Construction Permitting, Code Enforcement, Health, and Zoning. The Code Compliance Division only has jurisdiction over zoning violations within the unincorporated areas of Maricopa County. There's also a document called a Temporary Certificate of Occupancy, which means a building is safe to inhabit but still has some outstanding work to do or permits to obtain before a C of O is granted. 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