# Temporary CO Expires today



## Coder (Jun 10, 2014)

Issued a 6 month temporary CO to a Family Dollar store with landscaping as their last requirement to fulfill so that they could open in the winter. It is now summer and still no landscaping. I have made several attempts to contact the owners with no replies. The TCO is expiring today and I am trying to figure out what to do next. I know about IBC Section 111.4 revocation but sending them a letter stating that there TCO has been revoked isn't going to do squat. Anyone have any idea what I can do to put some teeth on this monster?


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## ICE (Jun 10, 2014)

That's why we don't have a TCO.


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## rshuey (Jun 10, 2014)

Losing the CO means they have lost their ability to lawfully and safely occupy the structure. Post as an unsafe building because no CO has been issued. If they remove the placards or occupy without permission, issue citations.


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## mtlogcabin (Jun 10, 2014)

We require performance bonds @ 125% of the cost to complete the work that can't be done during the winter months, landscaping, paving, parking lot striping to name a few.

Have the company post the bond and then extend the TCO time frame.


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## cda (Jun 10, 2014)

pull utilities


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## mtlogcabin (Jun 10, 2014)

cda said:
			
		

> pull utilities


For a none life safety item. Talk about creating negative publicity for your department and jurisdiction.

He is dealing with a large corporate entity that may even have a contract in place to have this completed.

The expiration date on a piece of paper does not make the building or its occupant less safe then prior to the expiration date

Last I checked landscaping is not part of the building code.

If someone in my department pulled the utilities over a landscaping issue they would not be working for me much longer.


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## khsmith55 (Jun 10, 2014)

I would be careful revoking a CO for landscaping unless it was a specific condition of an executed development permit/agreement. Does the building meet the provisions of IBC (2009) Section 111.2? I would check with your legal department before revoking a CO.


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## steveray (Jun 10, 2014)

We would have gotten a bond for landscaping.....No offense, but you are SOL....Our code does not give us the authority to put a timeline on a TCO. If you end up doing anything drastic (like some of the things listed above) be prepared to get a good spanking from a judge....


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## Coder (Jun 10, 2014)

steveray said:
			
		

> We would have gotten a bond for landscaping.....No offense, but you are SOL....Our code does not give us the authority to put a timeline on a TCO. If you end up doing anything drastic (like some of the things listed above) be prepared to get a good spanking from a judge....


What about IBC  Section 111.3? _The Building Official shall set a time period during which the TCO is valid._I have been pushing the powers that be to require bonding for commercial landscaping completion. That would be the best way to ensure compliance with the land development code. At this point I have put in a request for reply from the Family Dollar Regional Manager in hope of achieving some resolve. Otherwise, like you said. I am SOL. Like I say "No good deed goes unpunished".


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## Frank (Jun 10, 2014)

Landscaping would be a planning not a building safety issue.

May have to start down the planning violation route.


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## cda (Jun 10, 2014)

mtlogcabin said:
			
		

> For a none life safety item. Talk about creating negative publicity for your department and jurisdiction. He is dealing with a large corporate entity that may even have a contract in place to have this completed.
> 
> The expiration date on a piece of paper does not make the building or its occupant less safe then prior to the expiration date
> 
> ...


the notice that it may happen sometimes gets the businesses attention.

Yes it is still snowing in Colorado, so it is a little hard to landscape


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## steveray (Jun 10, 2014)

Here is what happens when the legislature gets involved.......

110.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely prior to full completion of the building or structure with out endangering life or public welfare. Any occupancy permitted to continue during completion of the work shall be discontinued within 30 days after completion of the work unless a certificate of occupancy is issued by the building official.

TCO does not expire until after 30 days after the work is completed.....Therefore we do not do TCO.....

That being your case.....If you handle P&Z, violate them under those regs....as that should be where the landscape requirements come from?


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## FM William Burns (Jun 11, 2014)

I would recommend using MT's advice on bondage


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## jwilly3879 (Jun 11, 2014)

No TCO's here and the landscaping would be up to the Planning Board, it is usually part of their approval at Site Plan Review. The problem is they basically have no recourse if it is not completed so they have begun requiring a bond for such things.


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## TimNY (Jun 12, 2014)

I opened this thread just to see how screwed you were.. I was not disappointed.

TCOs in every situation where somebody inquired and I had to tell them we don't issue them would have been a disaster.

Issue the CO and bond the work to completed.

At this point I think a phone call is the best bet to get it resolved.. assuming voluntary compliance is what you are looking for. Pull their apps and find somebody to call.  Let them know what the situation is.  On a big chain like that somebody probably dropped the ball.  Sometimes a friendly phone call will get it done faster than a letter.

If no action, send a letter.  If no action, write a ticket for violating their site plan approval and occupying without a C.O.

Tim


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## Coder (Jun 12, 2014)

Turns out the developer called me at lunch that day with a story as to why it hadn’t been done yet. Seems a local landscaper was set up to do the work then backed out. I am giving him a little grace period now to get it done. If all else fails I have a notice and order ready to go that will be the ultimatum.


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## TimNY (Jun 13, 2014)

Sounds like it may work out.  I've found that a phone call can work wonders (and less paperwork is always a win).  Thanks for keeping us up to date.

Tim


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