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SECTION 111 <br />CERTIFICATE OF OCCUPANCY <br />[A] 111.1 Use and occupancy. No building or structure shall he used or occupied, <br />and no change in the existing occupancy classification of a building or structure or <br />portion thereof shall be made, until the building official has issued a certificate of <br />occupancy therefor as provided herein. Issuance of a certificate of occupancy shall <br />not be construed as an approval of a violation of the provisions of this code or of <br />other ordinances of the jurisdiction. <br />[A] 111.2 Certificate issued. After the building official inspects the building or <br />structure and finds no violations of the orovisions of this code or other laws that are <br />enforced by the department of buildingsafety, the building official shall issue a <br />certificate of occupancy..." (emphasis added) <br />None of the reasons relied upon by Mr. Alexander and the City for the refusal to issue the <br />Certificate of Occupancy have anything to do with or involve the intent of the IBC to "safeguard <br />the public health, safety and general welfare through structural strength and the other listed <br />requirements. <br />Section 111.3 of the IBC provides for the issuance of a temporary Certificate of <br />Occupancy as follows: <br />[A] 111.3 Tempporary occupancy. The building official is authorized to issue a <br />tempor certificate of occupancy before the completion of the entire work <br />covered y the permit, rovided that such portion or portions shall be occupied <br />safely. The building oycial shall set a time period during which the temporary <br />certificate of occupancy is valid. <br />Despite the uncontested fact that all of the building can be occupied safely without the landscaping <br />and without removal of the diesel pumps, the City has refused to issue even a Temporary <br />Certificate of Occupancy, causing significant loss and hardship to Owner. <br />Owner hired approximately 20 employees months ago who live in the La Porte area <br />who are ready to go to work at the store but cannot start work because of the decisions of the City <br />Manager as set forth herein. The Owner has spent approximately $5.5 million dollars on this <br />Project. The Owner has been paying approximately $1300.00 a day in interest on the two (2) <br />construction loans for the many months waiting to open this store, which totals approximately <br />