1759.01 SALES OF DWELLINGS; CERTIFICATE REQUIRED.

   (a)   It shall be unlawful for the owner of any dwelling structure to enter into an agreement to sell or otherwise convey a dwelling structure without first obtaining from the Housing Department a Point of Sale application and Certificate of Code Compliance of such dwelling structure, and then presenting a copy of such Certificate of Code Compliance to the prospective purchaser or grantee. The Certificate of Code Compliance is valid for six (6) months. During the six (6) month period while a valid Certificate of Code Compliance is in effect a new Point of Sale Inspection is not required if the property is sold.

   (b)   The provisions of this chapter shall also apply to all one, two and three family dwellings purchased through a sheriff's sale. Within ten days of the date of transfer through a sheriff's sale, the purchaser of the home shall purchase a Point of Sale Application and Certificate of Code Compliance of such dwelling structure. Violations must be corrected within 180 days of transfer by sheriff's sale.

(Ord. 19-1998. Passed 2-2-98; Eff. 3-2-98; Ord. 26-2022. Passed 3-7-2022.)

1759.02 ISSUANCE.

   Point of Sale Applications and Certificates of Code Compliance as required by the provisions of this Code shall be made upon forms supplied by the Housing Department.

   (a)   The Code Official shall cause a general inspection of the dwelling structure and premises to be made once the Point of Sale application is purchased.

   (b)   The Point of Sale Application shall contain the following information:

      (1)   The street address or other identifying characteristics of the dwelling structure;

      (2)   The name and address of the owner, as defined in Section 1751.04;

      (3)   The authorized use and occupancy of the dwelling structure; and

      (4)   The listing of all known violations of this Code or the Fire Prevention Code existing at the time of such inspection.

(Ord. 127-70. Passed 6-15-70; Ord. 19-1998. Passed 2-2-98; Eff. 3-2-98; Ord. 221-2004. Passed 12-20-04; Ord. 26-2022. Passed 3-7-2022.)

1759.03 FEES.

   (a)   There shall be a fee of two hundred twenty-five dollars ($225.00) required for a Point of Sale Application. In the case of dwelling structures containing more than three or more dwelling units, there shall be an additional fee of thirty-five dollars ($35.00) per dwelling unit.

(Ord.48-1993. Passed 3-15-93; Ord. 245-1993. Passed 12-20-93; Ord. 290-1999. Passed 12-20-99; Ord. 612000. Passed 3-20-00.)

      (1)   If, prior to the expiration or within 30 days after the expiration of a valid Point of Sale Application the property owner advises the Housing Department in writing or by email that the property has not sold, the fee to renew the Point of Sale Application shall be at 50% of the original fee. The homeowner must provide the Housing Department the property address, homeowner's name, address and telephone number. Regular fees shall apply 30 days after the expiration of a valid Point of Sale Application.

   (b)   Upon relocation within the City and application to the Housing Department, a rebate of two hundred twenty-five dollars ($225.00) shall be made from the two hundred twenty-five dollars ($225.00) Point of Sale Application fee. The fee rebate will only be valid for those owners of one or two-family residences who relocate within City borders and purchase another one- or two-family residence as their primary residence.

(Ord.210-1997. Passed 10-20-97; Eff.11-20-97.)

   (c)   The Point of Sale Application fee will be reduced from two hundred twenty-five dollars ($225.00) to one hundred dollars ($100.00) for elderly Euclid homeowners who are selling their homes and who are currently receiving the Cuyahoga County homestead exemption. This reduction will not apply to properties transferring as a result of the death of the homeowner.

(Ord. 122-1998. Passed 6-1-98; Eff. 7-1-98; Ord. 221-2004. Passed 12-20-04; Ord. 28-2007. Passed 2-20-07; Ord. 26-2022. Passed 3-7-2022.)

1759.04 CERTIFICATE OF CODE COMPLIANCE.

   (a)   No person, agent, firm or corporation shall convey, sell, by land contract or otherwise, any interest in any dwelling, building or structure, without furnishing the grantee or buyer, prior to such conveyance or sale, a current Certificate of Code Compliance.

   (b)   If the unit or units are not free of all violations of the Building and Housing Code, a grantee or buyer must assume the responsibility to correct all violations by submitting an Assumption application. The violations must be corrected within 180 days of the date of the transfer of the property.

   (c)   Assumed violations not corrected within 180 days of the transfer of property may be subject to prosecution and penalties as provided in Section 1703.99 of the Codified Ordinances of the City of Euclid.

   (d)   Certificate of Code Compliance. A Certificate of Code Compliance shall be issued upon full compliance with all rules, regulations, ordinances and laws. The Certificate of Code Compliance shall indicate the name and address of the seller and the date of issuance.

(Ord. 19-1998. Passed 2-2-98; Eff. 3-2-98; Ord. 29-2007. Passed 2-20-07; Ord. 108-07. Passed 6-4-07; Ord. 22-2008. Passed 2-4-08; Ord. 190-2008. Passed 9-15-08; Ord. 64-2010. Passed 4-19-10; Ord. 61-2020. Passed 6-15-20; Ord. 26-2022. Passed 3-7-2022.)

1759.05 ESCROW AGENT; DISBURSAL OF FUNDS WITHOUT STATEMENT PROHIBITED. (REPEALED)

   (EDITOR’S NOTE: Section 1759.05 was repealed by Ordinance No. 61-2020, passed June 15, 2020.)

1759.06 APPLICATION OF CHAPTER TO HOMES PURCHASED THROUGH A SHERIFF'S SALE. (REPEALED)

   (EDITOR’S NOTE: Section 1759.06 was repealed by Ordinance No. 26-2022, passed March 7, 2022.)

1759.07 REQUIREMENTS FOR CERTIFICATE OF INSPECTION. (REPEALED)

   (EDITOR’S NOTE: Section 1759.07 was repealed by Ordinance No. 26-2022, passed March 7, 2022.)