Section
1446.01 Application of chapter
1446.02 Inspection of property; applications made prior to transfer
1446.03 Application form and contents
1446.04 Application filing date
1446.05 Issuance of certificates
1446.06 Signature on certificates
1446.07 Disclaimer of liability
1446.08 Correction of violations by sellers
1446.09 Failure to correct violations prior to transfer
1446.10 Property unsafe for habitation
1446.11 Transfer of certificates
1446.12 Fees
1446.99 Penalty
Cross-reference:
Building and related fees, see Ch. 1444
Building permits for newsstands, see § 858.01
Certificates of occupancy required for addition of dormer, see § 1472.05(F)
Permits and certificates of occupancy, see Ch. 1443
Permits for advertising benches, see § 1460.01
Requirements for issuance of revenue transfer stamps, see § 888.08
This chapter applies to all improved residential, commercial and industrial properties (hereinafter “real property”), transferred from one party to another by any means of conveyance, including but not limited to deeds, articles of agreement for deeds, or an assignment of beneficial interest in a land trust (hereinafter “transfer”), for good and valuable consideration, other than nominal consideration, within the corporate limits of the city. Included in the scope of this chapter are transfers of title by sheriff’s deeds, tax deeds, deeds in lieu of foreclosure, transfers pursuant to foreclosure proceedings and transfers to the United States Department of Housing and Urban Development or the United States Veterans Administration. However, this chapter does not apply to transfers involving only vacant land, transfers of title made without valuable consideration and transfers made pursuant to orders issued by local, state or federal courts other than those specifically included above.
(Ord. 96-22, passed 5-14-1996)
(A) (1) Prior to offering for sale, or entering into any contract for the sale or transfer of any real property located within the city and prior to entering into any contract or agreement to offer any real property for sale or transfer, the party in title, or the beneficiary of any trust holding title, to the real property located within the city shall first:
(a) Apply to the Building Director for an inspection of the real property to be sold or transferred; and
(b) Obtain from the Building Department a copy of the certificate of compliance inspection report indicating the city’s determination as to the zoning for the real property and, if applicable, the number of existing living units permitted on and in the real property.
(2) Upon receipt of the application, the form and contents of which shall be as set forth in § 1446.03, and payment of the inspection fee(s) as provided in Chapter 1444, the Director shall cause the real property to be inspected.
(B) The application for a certificate of compliance will be valid provided the subject real property is transferred within six months of the date the application is submitted and the appropriate inspection fee(s) paid to the city. Any real property to be transferred more than six months following the date is subject to reapplication, reinspection and the repayment of fees in accordance with this chapter as if no previous certificate of compliance had been issued.
(C) No person shall enter into a contract either to offer for sale or transfer any real property located in the city, or to purchase or accept transfer of any real property located in the city, unless the party in title, or beneficiary under any trust holding title, to real property has first obtained a current and valid copy of the city certificate of compliance inspection report for real property.
(Ord. 96-22, passed 5-14-1996; Ord. 01-32, passed 12-26-2001)
The Director shall supply a form for the application required by § 1446.02, which shall specify the address of the real property being transferred, the improvements located thereon, the type of construction of the improvements and the number of apartments contained therein. If the real property is commercial or industrial property, the number of square feet of occupiable space shall be specified. The application shall also set forth the fee for issuance of the certificate of compliance.
(Ord. 96-22, passed 5-14-1996)
The application for a certificate of compliance shall be filed not less than 30 days prior to the proposed transfer of the real property. If the application is not filed, and/or the required fees are not paid, as provided in this chapter, the seller shall be subject to the penalty set forth in § 1446.99.
(Ord. 96-22, passed 5-14-1996)
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