1378.02 APPLICATION FOR INSPECTION.

(a) The owner of any dwelling structure, whether individual or multi-family, business, commercial or industrial structure or other buildings or structures or land upon which such buildings or structures are located, shall obtain a certificate of inspection prior to renting, leasing, selling, transferring, or conveying an interest or entering into an agreement to rent, lease, sell, transfer or otherwise convey an interest in such property.

(b) No owner of real estate described in subsection (a) above shall rent, lease, sell, transfer or otherwise convey an interest or enter into an agreement to rent, lease, sell, transfer or otherwise convey an interest in such property without first presenting the prospective lessee, purchaser or grantee with a copy of a certificate of inspection or a copy of a certificate of compliance issued by the Building Official within ninety (90) days prior to the date of execution of the agreement.

(c) In the event the real estate described in subsection (a) above is sold at Sheriff's sale or other court-ordered auction and no certificate of compliance has been issued within ninety (90) days prior to such sale, the purchaser shall apply in writing to the Building Official within thirty (30) days after the date of sale for an inspection of the property. The method of application and inspection shall be as set forth in Section 1378.02.

(d) This Chapter shall not apply to the individual transfer of property through inheritance or gift where no bona fide sale is intended or has occurred nor shall it apply to the occupancy of the property by someone other than the owner wherein no consideration of any kind is being paid by such non-owner occupant. In addition, this Chapter shall not apply to the construction of new residential or commercial construction wherein a certificate of occupancy is required by other provisions of the Building Code.

(Ord. 2018-079. Passed 9-18-18.)

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.)

1378.03 ORDERS FOR CORRECTION; ISSUANCE OF A CERTIFICATE OF COMPLIANCE.

(a) Except in the case of immediate danger to the public health or safety, the certificate of inspection shall contain the order of the Building Official for the correction of any code violations noted on the certificate, which shall be corrected by the owner of the property within ninety (90) days of the issuance of the certificate unless, for good cause shown, the Building Official has extended the time for such completion. Upon re inspection and the finding by the Building Official or his/her designee that all violations have been satisfactorily corrected, a certificate of compliance shall be issued.

(b) A certificate of inspection or a certification of compliance signed by the Building Official 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 Section 1378.02(f) the certificate of inspection and certificate of compliance shall note that fact and shall not constitute evidence of code compliance as to any uninspected portions of the premises.

(c) In the case of the lease or rental of property, a certificate of compliance must be issued prior to any occupancy of the leased or rented property as provided in Chapters 1375 and of the Codified Ordinances and such certificate shall not be issued unless the provisions contained in those Chapters have been complied with. The issuance of a certificate of compliance shall also be a prerequisite to obtaining the issuance of any certificate of occupancy.

(d) As to property purchased at a Sheriff's sale, or other court-ordered auction, if violations noted in the certificate of inspection have not been corrected within ninety (90) days as set forth in subsection (a) hereof, the Building Official may extend such time for completion, but shall require a performance bond or equivalent financial guarantee in form satisfactory and approved by the Director of Law, issued to the city in an amount reasonably calculated, as determined by the Building Official, to ensure the correction of such violations. Upon re-inspection and the finding by the Building Official or his/her designee that all violations have been satisfactorily corrected, a certificate of compliance shall be issued.

(Ord. 2018-079. Passed 9-18-18.)

1378.04 FEES.

(a) The fee charged for the certificate of inspection shall be fifty dollars ($50.00) for the first dwelling unit or structure and an additional twenty dollars ($20.00) for each additional unit in such structure.

(b) A re-inspection fee of twenty-five dollars ($25.00) shall be charged for each re-inspection after the first two re-inspections and shall be paid by the owner of the property prior to the issuance of the certificate of compliance.

(c) A property owner who fails to appear at the scheduled inspection time and date agreed to at the time the application for a certificate of inspection is filed with the city shall be charged a fee of twenty-five dollars ($25.00), unless said property owner provides the Building Department with one full business day's notice of cancellation of the appointment.

(Ord. 2018-079. Passed 9-18-18.)

1378.05 WARRANTY OF COMPLIANCE.

In every lease, rental or sale of realty to which this Chapter applies, the lessor or seller of the property shall warrant or be presumed to have warranted that the structures and premises are in compliance with the Building Code, the Housing Code, the Zoning Code and other applicable ordinances of the City of Bedford Heights at the time of the contract of lease, rental or sale, unless the lessor or seller has obtained and presented to the lessee or buyer a certificate of inspection or a copy of a certificate of compliance as provided for herein, or unless the lessee or buyer has actual knowledge of the deficiencies or violations in the structures at the time of the lease, rental or contract of sale.

(Ord. 2018-079. Passed 9-18-18.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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