Land Development Ordinance - Amended 4-2-2024

thereof, until the Inspections Department has issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building. Application for a certificate of occupancy may be made by the owner or authorized agent after all final inspections have been approved for new buildings, or, in the case of existing buildings, after supplying the information and data necessary to determine compliance with this Article, the appropriate regulatory codes and any zoning regulations for the occupancy intended. The Inspections Department shall issue a certificate of occupancy when, after examination and inspection, it is found that the building in all respects conforms to the provisions of this Article, the regulatory codes, and any zoning regulations for the occupancy intended. H. Existing Buildings. A certificate of occupancy for an existing building may be obtained by applying to the Inspections Department and supplying such information and data deemed necessary to determine compliance with the applicable technical codes for the occupancy intended. When necessary, the Inspections Department may require detailed drawings and inspections to determine compliance with the applicable codes. When, upon examination and inspection, it is found that the building conforms to the provisions of the technical codes, the Land Development Ordinance and other applicable laws for such occupancy, a certificate of occupancy shall be issued. The certificate shall state the approved occupancy type. I. Penalty for Failure to Obtain Permits. Inspections will not be made prior to the owner, or authorized agent, obtaining all the proper permits. It is a violation of North Carolina General Statutes §160D-403 and Chapter 160D Article 11 to proceed with construction prior to obtaining a permit by State and local law(s). An inspector for the Town of Fuquay-Varina may stop any work proceeding without a permit. The owner, or authorized agent(s), shall be required to obtain all the proper permits before proceeding with any further construction work. The owner, or authorized agent(s), will be charged, in addition to the required building permit fees, a penalty fee per applicable permit for the type of construction work for the site in violation. Such permit fee(s) shall be assessed as adopted in the fee schedule, per permit applicable for the type of construction work for the site in violation and will be charged for all permits required, regardless of whether or not that particular type of work has been started. All permits shall be obtained at one time. (6) Oversight Not to Legalize Violation. No oversight or dereliction of duty on the part of any Inspector or other official or employee of the Inspections Department shall be deemed to legalize the violation of any provision of this Article or any provision of any regulatory code herein adopted.

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