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In the event that all code violations are not abated and a certificate of compliance is not issued prior to closing of said real estate, an owner may sell, transfer or convey real property upon issuance of a temporary certificate of compliance upon completion of the following conditions:
A. Written confirmation on an escrow agreement form provided by the building commissioner on the part of the buyer, grantee or transferee certifying to the village that such buyer, grantee or transferee has assumed the obligation to abate all violations of this code that pertain to health and safety within the time specified by the building commissioner or his designee; and
B. Based upon the violations of this code, the building commissioner shall assign an amount to be deposited in an escrow account for the purpose of ensuring the real estate is brought into compliance. The value of the escrow shall be determined by the building commissioner or his designee and the escrow amount shall be deposited prior to a temporary certificate of compliance and a village stamp being issued.
If the new real estate owner fails to abate all violations within the time period specified by the building commissioner or his designee, the new real estate owner shall forfeit the entire escrow amount to the village. Forfeiture of said escrow amount does not relieve the new real estate owner of the obligation to abate any and all violations of this code listed in the escrow agreement. Additionally, the new real estate owner shall be responsible for abating any new violations of this code which have arisen since the establishment of the escrow agreement. The building commissioner is authorized to issue citations for any violations of this code starting thirty (30) days following the surrender of the escrow amount; and
C. Deposit of the reinspection fee with the village as a prepayment for reinspection following the abatement of all violations.
The building commissioner shall have the right to deny a request for a temporary certificate of compliance in his sole discretion. (Ord. 09-25, 8-3-2009)