(A) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR, CLERK-TREASURER. Appointed by the City Council and/or the Administrator, Clerk-Treasurer designee.
BUYER. Any person or entity who purchases a property or to whom title to a property is conveyed.
BUILDING OFFICIAL. Appointed by the City Council and/or the Building Official's designee.
CLOSING. The date in which the ownership of the property is transferred to the buyer.
POINT OF SALE CERTIFICATION or CERTIFICATION. The certificate provided to the city evidencing compliance with this section.
QUALIFIED PERSON. A person qualified to complete an inspection and certification under division (C)(3) below.
SALE or SOLD. The transfer of title to a property.
SELLER. The current owner of real estate as identified in the property records on file at the Blue Earth County Auditor's Office or by court order.
(B) Requirements.
(1) Sanitary sewer lines. All sanitary sewer lines serving property, from the house to the main line, shall be in a safe and functional condition and shall be free from all leaks and failures, including but not limited to sags, partially collapsed sections, or tree root intrusion.
(2) In addition, all sanitary sewer lines shall meet the standards and specification established in this section and Minnesota State Plumbing Codes.
(C) Point of sale certification required and monies escrowed for deficiencies.
(1) No property which is connected to the city's sanitary sewer and/or water service line shall be sold within the city unless the seller or buyer has provided a point of sale certificate to the Building Official at least two business days prior to closing. The certification shall certify that the property has been inspected and is in compliance with the requirements of this section. Certifications shall be valid for 5 years from the date of signature.
(2) The certification shall be in the form provided by the city and requires 1 digital copy of the televising report to be provided to the city along with the written report.
(3) The inspection and certification of sanitary sewer lines and/or water service lines must be completed by a qualified person. A qualified person is a plumber licensed by the State of Minnesota or another sewer professional pre-approved by the city.
(4) The fee for inspection and preparation of the certification by the contractor shall be paid by the buyer or seller. There shall be no fee paid to the city.
(5) Any deficiencies discovered during the inspection shall be disclosed prior to closing and shall be corrected within 12 months from the closing. The seller shall provide proof to the city that funds were placed in an escrow account at closing to cover the required repairs.
(D) Exceptions. Certifications are not required for the following:
(1) A property where the certificate of occupancy has been issued by the Building Official within 5 years prior to the sale of the dwelling unit.
(2) A property sold or transferred by a court ruling including wills, probate actions, divorce and estate settlements.
(3) A property that is without buildings or contains no dwelling or other buildings with plumbing fixtures.
(4) A property which is sold at a sheriff's sale to a foreclosing mortgagee which holds a mortgage on the dwelling unit.
(5) A property transfer which does not require the filling of a certificate of real estate value, as described in M.S. § 272.115, Subd. 1.
(E) Penalties.
(1) Criminal remedies. The failure of any seller or buyer to comply with the provisions of this section or to comply with an order issued by the city pursuant to this section shall be a misdemeanor.
(2) Civil remedies. In additional to the criminal remedies, this section may be enforced by injunction, action for abatement or other appropriate civil remedy.
(F) Warranty disclaimer by city. By enacting and undertaking to enforce this section, neither the city nor its council, agents or employees warrant or guarantee the safety, fitness or suitability of any property in the city.
(Ord. 150.30, passed 11-9-2020) Penalty, see § 10.99