The requirements of this section shall apply solely to those residential properties as defined hereinbelow which are nonowner occupied at the time of transfer of title and/or have been vacant for a period of time exceeding one hundred twenty (120) days prior to transfer of title. (Ord. 16-2014, 2-25-2014)
A. Certificate Of Occupancy Requirement: It shall be unlawful to sell, convey, trade, give, purchase, receive, or otherwise transfer any one-family dwelling, a one-family dwelling attached, a condominium dwelling, a structure used as a one-family dwelling, or a two-family dwelling without having first obtained a certificate of occupancy for said dwelling. Any entity or person selling, conveying, trading, giving, purchasing, receiving or otherwise transferring said dwelling without a certificate of occupancy shall be subject to the penalties set forth in section 1-4-1 of this Code. (Ord. 16-2014, 2-25-2014; amd. Ord. 67-2018, 12-18-2018)
Any entity or person owning real estate located within the Village shall, at the time of offering the real estate for sale or transfer, but not less than twenty one (21) days prior to any proposed sale, assignment or other transfer of any legal or beneficial interest of said real estate, file an application for a certificate of occupancy with the community development department. (Ord. 16-2014, 2-25-2014)
Upon request of the owner, agent or other persons authorized to sell a one-family dwelling, a one-family dwelling attached, a condominium dwelling, a structure used as a one- family dwelling, or a two-family dwelling (hereinafter referred to as "applicant"), the building official or his designee will be available at an appointed time within five (5) working days agreed upon by himself and the applicant, or later if applicant requests, to inspect such dwelling or structure. The term "five (5) working days" in this instance shall mean any five (5) days during a given week or part thereof, during regular business hours. (Ord. 84-2010, 11-9-2010)
If such inspection establishes that the one-family dwelling, one-family dwelling attached, a condominium dwelling, a structure used as a one-family dwelling, or a two-family dwelling, complies with the provisions of the village's life safety code, then he shall issue a certificate of occupancy for said dwelling. The certificate shall indicate the date of the inspection; that such dwelling complies with the requirements of this section, and the lawful use for which said dwelling was intended. One copy of the certificate shall be delivered to or mailed to the applicant. A record of all certificates shall be kept on file in the office of the community development department and copies shall be furnished, upon request, to any person having a proprietary interest or tenancy interest in the dwelling affected. (Ord. 16-2014, 2-25-2014)
B. Uninhabitable Dwellings Posted: If such inspection establishes that the one-family dwelling, one-family dwelling attached, a condominium dwelling, a structure used as a one-family dwelling, or a two-family dwelling is uninhabitable, the building official shall post such structure "No Occupancy". Said posting shall remain until sufficient repairs are made to grant a temporary occupancy permit.
C. Other Remedies Available: In addition to the penalties set forth in subsection A of this section the village is hereby authorized, but not required, to seek an administrative search warrant to inspect any one-family dwelling, a one-family dwelling attached, a condominium dwelling, a structure used as a one- family dwelling, or a two-family dwelling that has been sold, conveyed, traded, given, purchased, received, or otherwise transferred without having first obtained a certificate of occupancy. The village may only seek an administrative search warrant if the current owner or occupant has refused to comply with the inspectional requirements of this section. The court issuing said administrative search warrant may consider any of the following factors, along with such other matters it deems pertinent in its decision to grant an administrative search warrant:
1. Eyewitness accounts of violations;
2. Citizen complaints;
3. Tenant complaints;
4. Plain view violations;
5. Violations apparent from village records;
6. Deterioration of the property;
7. Age of the property;
8. Nature of the alleged violation(s);
9. Similar properties in the area;
10. Documented violations at similar properties in the area;
11. Passage of time since the property was last inspected; and
12. Previous violations on the property.
In addition, the village may also institute a civil action against the violator to compel compliance with this section through injunctive relief. If the village prevails in said civil suit, the village may, in addition to any other remedy provided herein, recover reasonable attorney fees, expert witness costs, and court costs from the violator.
D. Disclaimer: The village does not warrant the condition of any property inspected and shall not be responsible for any claims arising out of the property or the condition thereof. The village does not warrant that all deficiencies are listed in the certificate of occupancy and does not warrant anything as to the condition of the property or the liability thereof.
The issuance of a certificate of occupancy shall not operate as a waiver of any right of the village to prosecute an owner or occupant of any real estate for any violation of any village ordinance.
E. Inspection Fee: There will be a fee of fifty five dollars ($55.00) per unit charged for one inspection and two (2) reinspections, payable prior to inspection. There will be a fee of twenty five dollars ($25.00) per unit charged for each additional reinspection, payable prior to reinspection. (Ord. 84-2010, 11-9-2010)