The seller shall not transfer real property so long as there are outstanding violations of this Building Code or the Zoning Code until the seller has undertaken the following:
(A) The grantee or purchaser of the real property shall file a statement with the Director, duly sworn before a notary public, that the grantee or purchaser has received a copy of the inspection report and shall accept the property subject to the violations, which violations must be abated;
(B) (1) The purchase will place the sum of $1,500 in escrow with the city should, in the Building Director’s estimation, the cost of correcting the outstanding violations be $3,000 or greater. All funds will be held in the city’s General Fund; or
(2) If in the Building Director’s estimation the cost of correcting the outstanding violations shall be less than $3,000, the city will accept an attorney’s letter, the form to be provided by the Building Department, executed by purchaser and purchaser’s attorney and properly notarized. Should purchaser be unable to obtain the attorney’s letter, then an escrow shall be established in the amount of $750 or less, as determined by the Building Director.
(C) In the event all outstanding violations are abated within the time prescribed by the Building Director, all amounts in escrow shall be returned to the then owner of the real property. In the event all outstanding violations have not been abated within the time, the Building Director shall issue a notice to the then owner of the real property of all outstanding code violations; immediately commence legal proceedings pursuant to Chapter 292 of this code; and apply the amounts held in escrow toward any fines which may be assessed for failure to abate any of the outstanding violations.
(Ord. 96-22, passed 5-14-1996; Ord. 03-51, passed 11-25-2003; Ord. 06-20, passed 4-11-2006)