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A. General Requirements: No existing building, or part thereof, shall be submitted to the provisions of the condominium property act nor shall an existing apartment unit be offered for sale or sold as a proposed condominium unit or occupied as a condominium unit without the prior issuance of a certificate of code compliance, or partial certificate of code compliance pursuant to this chapter.
B. Code Inspection: A developer intending to submit a property to the provisions of the condominium property act and/or offering an existing apartment unit for sale as a proposed condominium unit shall file a written notice of intent to convert with the director. The notice shall include a current survey of the property, the address, a description of the subject dwelling units, and the names and telephone numbers of existing occupants and the current property owner if other than the developer. The developer shall timely provide such other information regarding the condition of the proposed development of the property as the director shall reasonably request. A code inspection of the property, including all projected condominium units and common elements and facilities, shall be scheduled by agreement between the developer and the director when the notice of intent to convert is received, but not less than sixty (60) days prior to the anticipated conversion date. The inspection shall be made to determine the property's compliance with all applicable zoning, building and/or other life safety codes. The director shall issue a written code inspection report after any inspection or reinspection and immediately mail a copy to the developer at the address provided. The fee for each inspection or any reinspection shall be two hundred dollars ($200.00) per proposed condominium unit.
C. Certificate Issuance Standards: No certificate of code compliance shall issue until the director finds:
(1) That the subject property is in compliance with those village code provisions as set forth on the village's condominium conversion compliance schedule. The director shall establish a condominium conversion compliance schedule setting forth those zoning, building and life safety codes which must be complied with prior to converting an apartment building into a condominium building, which condominium conversion compliance schedule shall be approved by the village board and made available to the public.
(2) (a) Except as provided in this subsection, that the subject property has two (2) parking spaces provided per condominium unit, or such total number of parking spaces as required by any variation, special use permit or planned unit development approval providing for a modified parking quantity.
(b) Notwithstanding subsection C(2)(a) of this section, for any condominium conversion project located within one thousand two hundred feet (1,200') of the intersection of Prospect Avenue and the Burlington Northern Santa Fe railroad tracks (as measured from the centerpoint of said intersection), the following provisions shall apply:
1) In lieu of providing the required number of parking spaces as set forth in subsection C(2)(a) of this section, the developer may pay a fee into the village's parking reserve fund in the amount of ten thousand dollars ($10,000.00) per parking space that is not provided.
2) The village shall refund a prorated portion of any payment made pursuant to subsection C(2)(b)1) of this section (without interest) for each parking space which is provided at a future date. Any such refund shall be made to the association.
(c) Notwithstanding subsection C(2)(a) of this section, for any condominium conversion project located in any portion of the village not described in subsection C(2)(b) of this section, the developer shall submit a plan to provide any required parking spaces not present on the property, together with any guarantees necessary to ensure its provision.
(3) The subject property is in compliance with the landscaping requirements of section 20.4.11 of this code, unless said compliance would result in the loss of parking or the need to relocate or alter an existing building.
D. Partial Certificate: The director may issue a partial certificate of code compliance as to individual condominium units and/or common elements and facilities that are in compliance with subsection C of this section. Any condominium unit and/or common elements and facilities issued a partial certificate of occupancy shall be deemed habitable. No partial certificate of code compliance shall be granted for a condominium unit until the common areas and elements have also been issued a partial certificate of code compliance.
E. Documents Provided To Purchaser: A developer shall be required to provide a prospective purchaser with a copy of any code inspection report, certificate of code compliance or partial certificate of code compliance prior to the closing on a condominium unit sales contract. All condominium unit sales contracts shall contain the following provision:
The Clarendon Hills Condominium Ordinance requires that the condominium property and your unit be inspected for conformity with Village Codes. It also requires that the person contracting to purchase have the opportunity to review the code inspection report and the applicable code compliance certificate issued by the Village.
F. Tenant Consent For Inspections:
(1) A tenant shall not unreasonably withhold consent for the developer or village to enter an apartment unit in order to comply with or enforce the provisions of this chapter. Except in case of emergency, or unless otherwise provided in the lease, a tenant shall be given at least two (2) days' notice by the developer of intent to enter. Unless the tenant consents, or the lease otherwise provides, a developer shall not undertake construction for conversion of an apartment unit while it is occupied by a tenant, or create any unreasonable disruption of the common areas, including, but not limited to, restricting access thereto, or interfere with the quiet use and enjoyment of the premises.
(2) If consent is withheld in violation of this section, the village may seek an administrative search warrant from the circuit court for the limited purpose of enforcing this chapter.
G. Issuance Contingencies: No certification or other approval shall issue if property is submitted to the provisions of the condominium property act in violation of this chapter. No certificate of code compliance or partial certificate of code compliance shall issue unless all water bills and village liens outstanding with respect to any building, or any part thereof, subject to conversion are paid or adequate surety is provided.
H. Issuance Of Certificates Of Code Compliance:
(1) The issuance of a certificate of code compliance or partial certificate of code compliance by the village shall not be deemed a finding that the village has in any way passed upon the merits or given approval to the condominium project. It shall be unlawful to make, or cause to be made, any representation contrary to the foregoing to a prospective purchaser.
(2) The following provision shall be reprinted on every certificate of code compliance or partial certificate of code compliance issued by the village pursuant to this chapter:
By virtue of the issuance of this (partial) certificate of code compliance, the Village of Clarendon Hills does not guarantee the condition of the subject property, or its suitability or fitness for the purpose for which it is being sold or transferred, and the Village of Clarendon Hills shall not be responsible or liable for any claims arising out of the condition of the property or any defects or deficiencies therein.