22.36.010 ESTABLISHMENT OF ADMINISTRATIVE OFFICER

The provisions of this Ordinance shall be administered by the Building Official or such other official designated by the Village Manager. The Building Official shall have the power to:

a. Grant Certificates Of Occupancy.

b. Make inspections of buildings and premises necessary to carry out the duties of the enforcement of this Ordinance.

c. Issue building permits.

22.36.020 BUILDING PERMIT APPLICATION

a. No building or structure within the Village of Beverly Hills shall hereafter be erected, moved, repaired, altered or razed, nor shall any work be started to erect, move, repair, or raze until a building permit shall have been obtained from the Building Official, nor shall any use be added to an existing use, nor shall any change be made in the use of any building or land without a building permit having been obtained from the Building Official, except that no building permit shall be required for nonstructural alterations costing less than five hundred dollars ($500.00). No such building permit shall be issued to erect a building or structure or make any change of use of a building or land unless it is in conformity with the provisions of this Ordinance and all amendments hereto. Unless construction is started within six (6) months after the date of issuance of a building permit, the building permit shall automatically become void and fees forfeited. The Building Official may reinstate a building permit that has become void for failure to commence construction without payment of further fees at his discretion as long as site plan approval, if required, has not expired. Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this Ordinance shall be collected by the Building Official in advance of issuance. The amount of such fees shall be established by resolution of the Village Council.

b. The Building Official shall record all nonconforming uses for the purposes of carrying out the provisions of Section 22.30 hereof.

c. The Building Official shall not refuse to issue a permit when conditions imposed by this Ordinance are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of such permit.

d. The Building Official shall issue appearance tickets for violations pursuant to this Ordinance.

e. The Building Official shall require that all applications for building permits be accompanied by plans and specifications including a plot plan in duplicate, which shall agree with the site plan approved by the Village Council, when required, under Section 22.08.290 of this Ordinance. The plot plan shall be prepared, signed, and sealed by a registered professional civil engineer or a registered professional land surveyor, and shall show the following:

1. Legal description of the property and a statement affirming that the property has been surveyed and that the boundary corners of the property have been marked by placing permanent points at each corner of the property.

2. North point and scale of not less than 1" = 100'.

3. Exact dimensions of the property including bearings and distances as described in the legal description.

4. Property relationship of subject property with all abutting property lines.

5. Two foot contours or pegged grade elevations at fifty feet (50') on center for the entire property and for a distance not less than fifty feet (50') outside the entire perimeter of the property.

6. The existing finish grade elevations of all existing buildings or structures on or within fifty feet (50') of the property.

7. The location of all existing and/or proposed drives and parking areas.

8. The location of all existing or proposed underground utilities.

9. Proposed finished grade of all buildings, the site itself, and the entire perimeter of the property including property corners.

10. The location and widths of all existing and/or proposed rights-of-way and/or easements and all abutting streets and alleys.

11. The point, area, ditch, or enclosure to which storm water is to drain, including discharge of sump pumps.

12. The location of the existing and/or proposed buildings on the property shall be clearly shown and shall include the dimensions to front, side, and rear property lines and ties from the proposed building to any adjoining building on or within fifty feet (50') of the proposed building.

13. Such other information concerning the lot or adjoining lots as may be essential for determining whether the provision of the Ordinance are being observed.

14. Prior to pouring concrete for any footings, the builder shall demonstrate to the Building Official that the footing forms are properly located on the lot and that the footing grade is set to the proper elevation, both according to the dimensions and elevations as indicated on the plot plan. One copy of the plans shall be returned to the applicant by the Building Official, after the Building Official shall have marked such copy either as approved or disapproved. The remaining copy shall be retained in the office of the Building Official.

f. Upon the completion of the work authorized by a building permit, the holder thereof shall seek final inspection thereof by notifying the Building Official who shall then make final inspection promptly.

g. Whenever the building, land and uses thereof as set forth in the application are in conformity with the provisions of this Ordinance it shall be the duty of the Building Official to issue within seven (7) working days after the receipt of said application a building permit, and when such permit is refused, to state such refusal in writing with the reasons therefore.

h. Whenever the application for a building permit involves an addition or alteration to an existing building or structure, the Building Official may waive the requirements herein of the furnishing of a plot plan when he determines that the public health, safety and welfare will not be adversely affected by doing so.

22.36.030 CERTIFICATE OF OCCUPANCY

No land, building, structure, or part thereof shall be occupied by or for any use for which a building permit is required by this Ordinance unless and until a Certificate of Occupancy shall have been issued for such new use. The following shall apply in the issuance of any certificate:

a. Certificates not to be Issued. No Certificates of Occupancy pursuant to the Building Code of the Village of Beverly Hills shall be issued for any building, structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this Ordinance.

b. Certificates Required. No building or structure, or parts thereof, which is hereafter erected or altered, shall be occupied or used or the same caused to be done, unless and until a Certificate of Occupancy shall have been issued for such building or structure. Such certificate shall not be issued until the following requirements are complied with and are approved by the Building Official.

1. Prior to the official issuance of a Certificate of Occupancy the Building Official shall inspect the site to determine if the grading is in accordance with the approved plot plan. If, in the judgment of the Building Official, there is doubt that such grading is in accordance with the plot plan, the Building Official shall request a grading certificate prepared, signed and sealed by a registered professional civil engineer or a registered professional land surveyor be submitted to the Building Official, in duplicate, attesting to the fact that the site has been constructed and graded in accordance with the plot plan, permanent irons at each lot corner are in evidence, and that the drainage pattern is in accordance with the plot plan as approved at the time of issuance of the building permit.

2. In lieu of a grading survey, a surety bond, letter of credit, or cash deposit in an amount set by the Building Official may be required to insure grading and submission of such survey at a later date when a building, land or structure is otherwise suitable for occupancy during that season of the year when weather conditions make finish grading unfeasible. In such case a temporary Certificate of Occupancy may be issued and the date for completion of grading shall be indicated on the temporary Certificate of Occupancy or its related documents.

c. Certificates Including Zoning. Certificate of Occupancy as required by the Building Code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute Certificate of Occupancy as required by this Ordinance.

d. Certificates for Existing Buildings. Certificates of Occupancy will be issued for existing buildings, structures, or parts thereof, or existing uses of land, if after inspection it is found that such buildings, structures, or parts thereof, or such use in land are in conformity with the provisions of this Ordinance.

e. Temporary Certificates. Nothing in this Ordinance shall prevent the Building Official from the issuing of a temporary Certificate of Occupancy for a portion of a building or structure in process of erection or alteration, provided that such temporary certificate shall not be effective for a period of time in excess of six (6) months nor more than five (5) days after the completion of the entire building, to a state ready for occupancy, and provided further that such portion of the building, structure, or premises is in conformity with the provisions of this Ordinance.

f. Records of Certificates. A record of all certificates issued shall be kept on file in the office of the Building Official, and copies shall be furnished upon request to any person.

g. Certificates for Dwelling Accessory Buildings. Buildings accessory to dwellings shall not require separate Certificates of Occupancy but may be included in the Certificate of Occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

h. Application for Certificates. Application for Certificates of Occupancy shall be made in writing to the Building Official on forms furnished by the Department, and such certificates shall be issued if, after final inspection, it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this Ordinance. If such certificate is refused for cause, the applicant therefore shall be notified in writing of such refusal and cause thereof.