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1119.03 PLANNING AND ZONING CODE 38 (b) Issuance of Certificate of Occupancy. A certificate of occupancy or conditional certificate of occupancy, either for the whole or a part of a new building, or for alteration of an existing building, shall be issued within ten days after the erection or alteration of such building or part has been completed in conformity with the building permit. (c) Certificate of Occupancy if No Building Permit Required. In the event the owner or occupant of vacant land desires to use or occupy the same or change the use of the same, or in the event the owner or occupant of an existing building desires to change the use of the same, he shall file with the Building Official an application for a certificate of occupancy which shall set forth a description of the land, the buildings if any, the present use and the proposed new use. (d) Issuance of Certificate of Occupancy If No Building Permit Required. A certificate of occupancy, or conditional certificate of occupancy applied for as required by subsection (c) hereof, shall be issued before any land shall be occupied or used, or the use of such land or building changes. Such certificate shall be issued within ten days after the application has been made, provided such proposed use is in conformity with the provisions of this Code. (e) Payment of Real Property Taxes. No certificate of occupancy required by subsection (c) and/or (d) hereof shall be issued to an owner of premises unless the applicant first submits to the Building Official a statement from the County Treasurer or a notarized statement from the owner, subject to penalty of falsification, certifying or attesting that all real property taxes due and owing on the property for which the permit is sought have been paid or that the owner has entered into an agreement with the County Treasurer providing for the payment of all real property taxes presently due and owing on the property. A copy of the agreement must be submitted at the time of application. If a certificate of occupancy is obtained by the owner because the owner has entered into an agreement with the County Treasurer for the payment of delinquent real property taxes and it is found that the agreement has been breached by the owner, the Building Official may declare the certificate of occupancy issued to the owner void. A later agreement with the County Treasurer or the owner's successful cure of the breach of the initial agreement with the County Treasurer shall not serve as a defense to any declaration that the certificate of occupancy issued to the owner is void for breaching the agreement upon which the certificate of occupancy was initially issued. If a certificate of occupancy was issued to a tenant unrelated to the owner because the owner entered into an agreement with the County Treasurer for the payment of delinquent real property taxes and it is found that the agreement has been breached by the owner, the Building Official may notify the tenant of the owner's breach, but shall not void the certificate of occupancy. Nothing herein shall be construed to require a tenant to vacate a premises, or not occupy a premises, as a result of a breach of agreement or non-payment of taxes by an owner unrelated to a tenant. "Unrelated" as used herein means the same person, real or corporate, or at least one common person possessing an interest in both the owner and the tenant entities. (Ord. 2010-100. Passed 6-7-11.) December 2016 Replacement