§ 367.12  Statement of Authorized Use of Dwelling Building or Structure and Notice of Violation; Fee
   (a)   No person, agent, firm or corporation shall sell, by land contract or otherwise, any interest in any dwelling building or structure, as defined in Section 363.04 of five (5) or more units, without furnishing the buyer, prior to the sale, (i) a current certificate of occupancy or a statement from the Department of Building and Housing describing the authorized use of the dwelling under the ordinances of the City, and describing its current lead status, (ii) a copy of any outstanding notice or order from the City, including any notice of violation or outstanding notice of the City's intention to demolish or effectively board, and (iii) when an escrow has been established, depositing in escrow prior to delivery of possession or transfer of title a statement from the buyer acknowledging the receipt of these documents. However, a statement signed by both the seller and the buyer stating that the property being transferred does not contain a dwelling building or structure may be deposited in escrow instead of the documents regarding use required above.
   (b)   An application to provide the statement required by this section shall be accompanied by a fee of forty dollars ($40.00).
   (c)   No person, agent, firm or corporation shall enter into a contract for the sale of a one (1), two (2), three (3) or four (4) unit dwelling building or structure, as defined in Section 363.04, without furnishing to the purchaser a Certificate of Disclosure addressing the condition of the property, including its current lead status, which Certificate shall be in a form prescribed by the Director of Building and Housing. No real estate agent, escrow agent or seller shall sell or transfer a one (1), two (2), three (3) or four (4) unit dwelling building or structure without furnishing to the purchaser information required by the Certificate of Disclosure described above. If the purchaser does not receive any portion of the Certificate of Disclosure to be completed by the City prior to sale, the purchaser may rescind the purchase contract for the sale of the property prior to the sale of the property.
   (d)   A request for a Certificate of Disclosure shall be accompanied by a nonrefundable fee of sixty dollars ($60.00).
(Ord. No. 747-2019. Passed 7-24-19, eff. 7-26-19)