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Draft inspection ordinance debated: committee asks staff to study legal authority and practical impacts

Charles Town municipal committee · April 22, 2025
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Summary

A proposed ordinance would codify inspections on change of business/ownership and introduce a "certificate of continuing occupancy;" committee members asked staff to review legal authority, owner‑consent issues and potential fees before any ordinance is advanced.

Committee member (S2) presented a draft ordinance to clarify inspections when there is a change in business ownership or a change of use. S2 said the municipality has informally been conducting such inspections under zoning and building-code authority but proposed codifying the practice and introducing a "certificate of continuing occupancy" to formalize the process.

"I created something called, a certificate of continuing occupancy as opposed to certificate of occupancy," S2 said, explaining the proposal would give staff clearer authority to inspect establishments when ownership or the business operator changes. The members discussed whether the measure should live in zoning, be adjacent to rental-registration and vacant-structure rules in administrative code, or remain covered by existing building-code authority.

Committee members asked staff to analyze whether pre‑sale inspections could be done with owner consent, whether a fee should cover staff time for pre‑sale requests, and whether other cities formally codify this practice. S2 said they had reviewed ordinances in other municipalities and would consult code enforcement and a municipal-attorney call before returning with a refined draft.