An owner who has not completed the repairs identified through the inspection may nevertheless transfer ownership of property if:
(A) The owner or agent has deposited with the village an amount of money determined by the village to be sufficient to bring the structure into compliance with all village building and zoning ordinances and any applicable housing, fire or property maintenance codes or regulations; and
(B) The buyer, conveyee, transferee, assignee or successor in title, ownership or interest (hereinafter buyer) has entered into an agreement with the village whereby the buyer agrees to bring the structure into compliance within the time period determined by the village to bring the structure into compliance with all applicable code requirements within a period not to exceed 180 calendar days after the closing of transaction (closing).
(C) If the buyer enters into such an agreement, a conditional certificate of compliance will issue in order to allow the closing to be completed. The conditional certificate of compliance shall be issued by the village and shall terminate on the one hundred and eighty-first day after closing and no extensions shall be granted. A buyer who elects to accept the premises, subject to the inspection with existing violations, and who agrees, in order to close, to be responsible as provided herein, shall execute a sworn affidavit satisfactory to the village, which will clearly indicate that the buyer is fully aware of the existing violations as well as the possibility of violations that may have existed but were undiscovered due to the lack of access and agrees to accept the requirement and obligation to bring the structure into compliance within 180 days of the closing. The village shall issue a certificate of compliance upon completion of the repairs necessary to bring the dwelling or structure into compliance.
(D) In the event the buyer fails to complete the required repairs, and have the repairs verified on reinspection, the village pursue enforcement proceedings through the Calumet Park Administrative Adjudication Process, or through the Circuit Court of Cook County. The buyer hereby agrees to submit to the jurisdiction and venue of the Calumet Park Administrative Adjudication Process and the Circuit Court of Cook County and to waive service of summons subject only to the notice requirement as required by law in order to enable the village to expeditiously obtain an order of compliance with this section.
(E) If reasonable proof that the repairs have been completed is not received by the village within the required period for the repairs to be completed, the village, may also issue a citation for violation of this subchapter and/or the escrow repair agreement, and may also pursue any applicable administrative or judicial remedies to bring the structure and property into compliance with applicable codes and regulations.
(F) The fine for violations of this subchapter shall be not less than $100 nor more than $1,000 per day for each day the violations remain uncorrected.
(Ord. 08-965, passed 9-11-2008)