No transfer tax stamp or exemption mark will be issued for nonowner occupied residential real estate unless and until the department of community and economic development has inspected the structure(s) on the property and either determined the property is in compliance with the city code or has obtained a compliance order, prepared by the City, signed by the purchaser/grantee in accordance with this section.
A. Notice Of Transfer Required: Any person owning nonowner occupied real estate improved with a building or structure, within the city, or agent acting on behalf of any person owning nonowner occupied, improved real estate within the city, shall notify the finance department, in writing, of any proposed sale, once property is listed or offered for sale, or once a closing date has been established, or other transfer of the legal or beneficial interest of said improved real estate.
B. Inspection; Multiple Dwelling Units, Single-Family Nonowner Occupied: Upon receipt of the notice provided for in subsection A of this section, the department of community and economic development shall, as soon as practical but no later than 10 business days after such notice, cause an inspection to be made of the structure located on said real estate to determine (i) the status of any open permits or open complaints, and (ii) if the structure is in compliance with all City ordinances. If after the inspection, the department of community and economic development determines that there are outstanding violations of the city code or uncompleted work under an open permit, the department will prepare a compliance order setting forth the work that must be completed in order to bring the property into compliance with the city code.
C. Notice, Correction Of Deficiency; Multiple Dwelling Units, Single-Family Nonowner Occupied: Upon making the inspection required under this chapter, the department of community and economic development shall, if defects are found in said building or structure or if work remains uncompleted under an open permit, notify the owner thereof of such defects. No transfer stamp or exemption mark shall be issued until all defects are corrected; provided, however, that, in lieu of compliance the department of community and economic development may accept a compliance order, prepared by the city and signed by the purchaser or grantee, accepting responsibility for the defects and the work that must be completed in order to bring the property into compliance, and agreeing to bring the property into compliance by a specific deadline .
D. Violations:
1. It shall be unlawful for any person owning any nonowner occupied, improved real estate within the city to offer to sell or to transfer title of such real estate for sale or other transfer without complying with the provisions of this code.
2. All persons acquiring an ownership interest in such real property become responsible for the correction of all violations existing on such property.
E. City Liability:
1. The city does not guarantee the condition of the subject property and is not responsible for any claims arising out of the subject property of the condition thereof. The city does not warrant that all deficiencies are listed in the compliance order and does not warrant anything as to the condition of the property or liability thereof.
2. The issuance of a transfer stamp or exemption mark is not a waiver of a right to prosecute violations of this code.
F. Fee for Inspection: The following fee shall be paid for each inspection made in connection with the issuance of a transfer stamp:
1. Existing nonowner occupied, single-family property, apartments, condominiums, townhouses, and any other form of multiple-family units, per unit: Twenty five dollars ($25.00). (Ord. M-19-13, 10-7-2013; amd. Ord. M-7-22, 2- 7-2022)
G. Penalty For Violation: Any person who makes a late payment of the tax required by this chapter, fails to pay the tax required by this chapter, willfully falsifies the full value of the property transfer on the real estate transfer declaration, willfully omits any other information required by this chapter, willfully and falsely claims a transaction to be exempt under Section 15-7-7, or violates any other provision of this Chapter shall be subject to a minimum penalty of two hundred and fifty dollars ($250.00) and a maximum penalty of seven hundred and fifty dollars ($750.00). (Ord. M-19-13, 10-7-2013; amd. Ord. M-7-22, 2-7-2022)