(A) Submission of disclosure declaration; issuance of public report.
(1) A copy of the disclosure declaration, and any amendments and supplements thereto, shall be promptly filed by the developer with the Building Commissioner upon its completion and shall be accompanied by a fee of $250.
(2) Within 90 business days after receipt of a complete disclosure declaration, the Building Commissioner shall:
(a) Determine whether the submitted disclosure declaration complies with the requirements of § 158.03;
(b) Issue a public report of his findings which shall contain all material facts reasonably available from the disclosure declaration and structural inspections, as set forth in § 158.04(B).
(c) Examine, or cause to be examined, whether the developer can convey or cause to be conveyed the units offered for disposition if the purchaser complies with the terms of the offer; and provide reasonable assurance that all proposed improvements will be completed as represented.
(3) If no public report is issued within 90 days, the public report will be deemed to have been issued and the developer may proceed under § 158.04(E).
(B) Structural inspections.
(1) Within 90 days after receipt of a complete disclosure declaration, the Building Commissioner shall inspect, or cause to be inspected, the entire structure to determine compliance with all applicable codes of the village and shall notify the developer in writing of all violations and necessary corrective action.
(2) Within 30 days prior to the closing of any sale of any condominium unit, the developer shall correct any cited violations so as to bring the structure into code compliance.
(3) Upon satisfactory final inspection, the Building Commissioner shall issue a code inspection report and certificate of code compliance. In no event will the village issue a certificate of occupancy prior to the Building Commissioner issuing his code inspection report and certificate of code compliance.
(C) Delivery to prospective purchasers. Subject to the provisions contained in § 158.04(B), a developer or agent shall not enter into a binding contract or agreement for the sale of a condominium unit until:
(1) Copy of the disclosure declaration, any amendments and supplements thereto, and a true copy of the public report, any amendments and supplements thereto, have been given to the prospective purchaser;
(2) Seven days after the documents in division (C)(1) of this section have been delivered to the prospective purchaser; and
(3) A receipt signed by the prospective purchaser has been received by the developer or agent acknowledging that the prospective purchaser has received and has had an opportunity to review the disclosure declaration and the public report. The developer shall keep receipts on file for a period of three years. Receipts shall be subject to inspection by the Chief Building Inspector at any reasonable time.
(D) Filing of disclosure declaration and public report; public inspection. The disclosure declaration, amendments and supplements thereto, and the public report, amendments and supplements thereto, shall be kept on file with the Building Commissioner and made available for public inspection during normal business hours.
(Ord. 7-56, passed 8-15-07)