(A) No multiple-family dwelling unit, multiple-family building, or single-family dwelling unit for rent shall be sold unless the seller furnishes the buyer with a presale inspection report dated no more than 120 days prior to the date of closing and dated no later than the day of the closing on the sale of said multiple-family dwelling unit, multiple-family building, or single-family dwelling unit for rent. Said report shall be based on an inspection by the Building Official of all dwelling units and all interior and exterior common areas. The report shall state that each unit, building, or single-family dwelling unit for rent, as the case may be complies with all applicable ordinances, codes and regulations of the village or, in the alternative, list with specificity the manner in which such unit, building, or single-family dwelling unit for rent does not comply with all applicable ordinances, codes and regulations. The request for a presale inspection must be made, in writing to the Village Clerk, not less than 30 days prior to the scheduled date of the closing. The presale inspection fee shall be based on the number of inspector hours required to make said inspections and prepare the required report. The fee shall be $35 per hour per inspector. In the event a presale inspection report is requested and the annual inspection required by this chapter have not yet been performed for the current license year, the license fee paid for the current license year shall be credited towards the presale inspection fee. The presale inspection fee shall be paid in the office of the Village Clerk at the time of delivery of the presale inspection report.
(B) An inspection made pursuant to this section satisfies the annual requirement of § 124.07. A sale for purposes of this section includes contract sales, exchanges, conversions to condominiums and transfers of possession or control of any multiple- family dwelling unit, multiple-family building, or single-family dwelling unit for rent. Any person participating in such a sale in violation of this section, either as seller, buyer or by receipt of a sales commission, in connection therewith, shall be deemed in violation of this section and be subject to the penalties as provided for in this code. Any contract executed in violation of this section shall be voidable by the buyer. Notwithstanding the foregoing, any buyer shall be responsible for complying with each and every provision of this chapter.
(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)