1378.02 APPLICATION FOR INSPECTION.

   (a)   No person shall sell or enter into an agreement to sell or convey by land contract or otherwise, any interest in any dwelling, building or structure as defined in the Building and Zoning Codes without furnishing the buyer, prior to such sale, a current certificate of inspection setting forth the authorized use of the dwelling, building or structure under the ordinances of the city and listing any code violations; and, when code violations still remain outstanding at the time of delivery of possession or transfer of title, an escrow shall be established and there shall be deposited in that escrow both a statement from the buyer acknowledging receipt of the certificate and an amount of money equal to 100% of the value of the work required to bring said property into compliance with city ordinances and codes and sufficient to remedy all outstanding violations or, in lieu thereof, a performance bond in said sum (or such other amount authorized in writing by the Building Official and/or his/her designee). However, a statement signed by both the seller and the buyer stating that the premises are undeveloped and contain no dwelling, building or structure may be deposited in escrow in lieu of documents and/or funds required herein.

   (b)   It shall be unlawful for the owner of any real estate premises to transfer legal or equitable ownership of that premises ("title") without having obtained a pre-sale inspection of it under this code. This inspection will enable the Building Official and/or his/her designee to work toward accomplishing the purposes of this code by listing any repairs or other work necessary to eliminate any unsafe or hazardous conditions, to comply with applicable requirements of the Building Code, Fire Code, Zoning Code and other ordinances, and also to correct any unlawful nuisance conditions in the form of violations of this Property Maintenance Code. Such an inspection and list shall be part of the process of issuing the required certificate of occupancy.

   (c)   Application for a pre-sale inspection shall be made on such form and in such manner as may be prescribed from time to time by the Building Official. The city may charge a fee for this service as indicated in the city's table of building department fees and such amendments provided for from time to time by City Council.

   (d)    Within thirty (30) days after application was made for a pre-sale inspection, the Building Official or his/her designee shall have completed the inspection, compiled a list of any items to be brought into compliance with this code and applicable provisions of the Building Code, Fire Code, Zoning Code and other ordinances, and shall have issued a violation letter to the owner or lienholder of a premises. This period of time may be extended by the Building Official and/or his designee if a delay is caused by any matter beyond the reasonable control of that official.

   (e)    A certificate of inspection shall be valid for one (1) year after the violations have been corrected to the satisfaction of the Building Official or his/her designee or until sixty (60) days after the premises may be transferred to a new owner or tenant, whichever occurs sooner.

   (f)   If the owner, occupant, or agent thereof does not consent to the proposed inspection, the Building Official and/or his/her designee may appear before any judge in a court of competent jurisdiction and seek an administrative search warrant to allow an inspection. Any such application shall be made within ten (10) calendar days after the non-consent. The application for the warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination whether there are violations of the code provisions identified in this section. The court may consider any of the following factors along with such other matters as it deems relevant in its decision as to whether a warrant shall issue:

      (1)   Eyewitness account of violation;

      (2)   Citizen complaints;

      (3)   Tenant complaints;

      (4)   Plain view violations;

      (5)   Violations apparent from city records;

      (6)   Property deterioration;

      (7)   Age of property;

      (8)   Nature of alleged violation;

      (9)   Condition of similar properties in the area;

      (10)   Documented violations on similar properties in the area;

      (11)   Passage of time since last inspection;

      (12)   Previous violations on the property.

   If a warrant is issued, no owner, occupant or agent thereof shall fail or neglect, upon presentation of a warrant, to properly permit entry therein by the Building Official and/or his/her duly authorized designee for the purpose of inspection and examination pursuant to this section and consistent with the terms of the warrant. If the court declines to issue a warrant, or if no warrant is sought, the inspection shall still take place but the scope thereof shall be limited to such areas as are in plain view. A limited-scope inspection conducted pursuant to this paragraph shall be considered an "inspection" for purposes of this Chapter and all other provisions of Part Thirteen of the Codified Ordinances of the City of Bedford Heights pertaining to the pre-sale inspection program set forth in this section. No criminal penalty shall attach, nor shall any certificate of occupancy be denied solely by reason of the owner's, occupants or agent's refusal to consent to a full interior inspection.

   A certificate of inspection signed by the Building Official and/or his/her designee shall be evidence that the premises complies with the requirements of this code and all other applicable ordinances provided, however, that if a limited-scope inspection is conducted pursuant to subsection "f" above the certificate of occupancy shall note that fact and shall not constitute evidence of code compliance as to any uninspected portions of the premises. If the inspection disclosed aspects of the property not in compliance, the certificate shall be merely a conditional certificate of inspection. The condition shall be that the defective aspects of the premises must be brought into compliance with this code within such reasonable length of time as may be set forth in the certificate. (Ord. 2018-079. Passed 9-18-18.)