Godfrey — Ch. 18 Art. VII Property Maintenance Code § 18-183
Occupancy permit required—Transfer of ownership, change in possession or occupancy
Operative Text
(a) Except as otherwise provided herein, it shall be unlawful for the owner or any agent of an owner to occupy or permit the occupancy by any third party of any residential dwelling or dwelling unit within the Village of Godfrey until such time as an occupancy permit has been issued by the Village of Godfrey. Nothing in sections 18-183 through 18-189 shall prohibit the transfer of ownership or possession of the dwelling or dwelling unit prior to the issuance of an occupancy permit so long as subsection (b) hereof is complied with fully. (b) It shall be the responsibility first of any agent, realtor or residential landlord, or if none, then any owner, seller, lessor or transferor of any residential property located within the Village of Godfrey to assure that an occupancy permit will be issued or is issued to any transferee or occupant assuming possession from the owner, seller, lessor or transferor of the property; and, if necessary, to provide for the corrections of any violations whether such corrections takes place prior to or after a transfer of ownership or possession of the property and before the issuance of the occupancy permit. However, if first of any agent, realtor or residential landlord, or if none, then any owner, seller, lessor or transferor provides a true and correct copy of the ordinance codified in sections 18-183 through 18-189 to the purchaser, transferee or lessee, and thereafter obtains the purchaser's, transferee's or lessee's written consent to assume full responsibility to obtain the occupancy permit and, if necessary, to correct any violations that may exist to obtain such occupancy permit then, upon filing an original of the written consent signed by the party to be so bound, with the village's building and zoning administrator, the obligation to correct any such violations prior to the issuance of any occupancy permit shall then be the responsibility of the purchaser, transferee or lessee, who shall be bound thereby without further notice. (c) For purposes of subsections (a) and (b) of this section, the transfer of possession of a residential dwelling or dwelling unit does not entitle the transferee or possessor of the dwelling or dwelling unit to occupy the dwelling or dwelling unit until an occupancy permit is issued. No overnight occupancy shall be allowed pending any occupancy permit inspection and the actual issuance of any occupancy permit. (d) This section shall not apply to transfers of residential real estate wherein the transferee notifies the building and zoning administrator, in writing, of intent to demolish within 90 days of the transfer any buildings located thereon. The building and zoning administrator may, for good cause shown, extend the demolition period for one additional period of 90 days. No overnight occupancy shall be allowed within any dwelling or dwelling unit that is subject to this demolition exception. (e) This section shall apply to any transfers of dwelling or dwelling units taking place after the effective date of this section with the exception of those transfers under contract for sale on or before the effective date of this section.
Godfrey — Ch. 18 Art. VII § 18-183 establishes that no residential dwelling or dwelling unit in the Village of Godfrey may be occupied — by the owner or any third party — until the Village has issued an occupancy permit. Ownership or possession of a property may change hands before the permit is issued, but no one may actually move in or stay overnight until the permit is in hand. Responsibility for obtaining the permit and correcting any violations generally falls on the seller, lessor, or their agent, though that responsibility can be formally shifted to the buyer or tenant through a written agreement filed with the village's building and zoning administrator.
Plain English — not legal advice.
Under § 18-183, residential landlords and their agents bear the primary obligation to ensure an occupancy permit is issued before any tenant takes up residence, including overnight stays. A compliant operator either secures the permit before handing over possession or, if transferring responsibility to the incoming occupant, provides that party with a copy of sections 18-183 through 18-189, obtains their written consent to assume the permitting obligation, and files the signed original with the village's building and zoning administrator. Operators also generally ensure that any code violations identified during the inspection process are corrected — either before or after a transfer — as a condition of permit issuance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 18-183 means that a tenant does not have a legal right to occupy a Godfrey dwelling, even after signing a lease or taking possession, until the Village has actually issued an occupancy permit — and no overnight stays are permitted in the interim. If a tenant has signed a written agreement accepting responsibility for obtaining the permit, that obligation is legally binding once the signed document is filed with the building and zoning administrator. Tenants who believe this provision has been violated, or who are uncertain about their permit status, may contact the Village of Godfrey's building and zoning office directly or reach out to a tenant-rights organization for general guidance on their options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.