(a) No developer shall sell or offer to sell a condominium ownership interest in a conversion condominium development in the City unless he first files the following items with the Building Commissioner:
(1) Ten copies of the public offering statement provided by the developer under Section 1361.06;
(2) Any bond required by subsection (b) hereof;
(3) A fee of twenty-five dollars ($25.00) per condominium unit. Such fee shall be in substitution for all other fees incidental to the conversion condominium development under the Building Code;
(4) The address of the apartment building to be converted, the number of suites and the apartment numbers in the building that are to be converted and the effect of the conversion upon available rental units in the City;
(5) A copy of the notice mailed to tenants as required by Section 1361.08 together with a certified list of the tenants' names and proof of service to each tenant;
(6) Written receipts to evidence payment of past water and sewage bills to date of the filing of the public offering statement;
(7) Such number of drawings as may be required by the Building Commissioner which comply with the requirements of Section 1361.07; and
(8) Written record of payment of tax assessments for the condominium property for the period prior to the filing of the public offering statement.
(b) Compliance with Building Code. No developer shall sell or offer to sell a condominium ownership interests a conversion condominium development in the City unless the Building Commissioner has issued a certificate of occupancy attesting that all common areas and facilities therein are in compliance with the Building Code, the Fire Prevention Code and such other requirements within this chapter, unless within the public offering statement there is described the specific common areas and facilities therein which the Building Commissioner has determined are not in compliance with the Building Code, Fire Prevention Code and such other requirements of this chapter and also the following:
(1) A statement by the developer specifying the estimated cost and estimated time of completion of all work necessary to correct each Code violation, such time of completion not to exceed six months from date of filing, subject to strikes or acts of God; except that in the case of, in the opinion of the Building Commissioner, an immediate danger to the public health, safety and welfare exists, same shall be corrected within ninety days; and
(2) A bond filed with the City in the sum of one hundred percent (100%) of the estimated cost of the work required for code compliance, such estimated cost to be verified by copies of contracts for the completion of the work required for Code compliance; and
(3) Any work not completed in accordance with the time requirements of subsection (b)(1) hereof shall result in a revocation of the certificate of occupancy and no units may be sold.
(c) Compliance with Fairview Park Housing Code. At the time of closing of a sale of a condominium unit, the developer shall deliver to the purchaser thereof a certificate of occupancy issued by the Building Commissioner attesting that the particular unit is in compliance with Chapter 1357, Housing Code and such other requirements required by this chapter. The developer shall tender to and obtain from a prospective buyer a signed acknowledgement of the receipt of a copy of the certificate of occupancy which has been issued by the Building Commissioner within one year prior to the execution of the contract of sale, and a copy of the most recent certificate of occupancy pertaining to the common areas and facilities of the condominium property, which shall also be on file in the Building Department.
(d) Application for Inspection. The Building Commissioner shall issue a certificate of inspection within thirty days after gaining access to the interior of a condominium unit when:
(1) The owner or his authorized agent has applied in writing to the Building Commissioner, giving consent to such inspection, and such owner or agent has agreed to a time during the normal working hours of the Building Department at which the subject property shall be available for inspection, and has paid to the Building Department the application fee required by this chapter; and
(2) The Building Commissioner has inspected the condominium unit and has noted any condition found during the inspection which are in violation of the Codified Ordinances. Upon correction, a certificate of occupancy shall be issued.
If, after application to the Building Commissioner, the owner or his authorized agent, or occupant refuses to consent to an inspection of the subject property or consent is otherwise unobtainable, the Building Commissioner shall not make such inspection until consent is also obtained and no certificate of occupancy for that unit or units, as the case may be, shall be issued.
The City assumes no liability, expressed or implied, as the result of an issuance of a certificate of occupancy pertaining to an individual unit or pertaining to the common areas and facilities.
(e) Duties of Escrow Agent. When an escrow agent has been established in connection with the sale of such property, the escrow agent shall not transfer title or distribute funds until there has been deposited in escrow an acknowledgement from the buyer of the receipt of a copy of the certificate of occupancy for the unit so purchased and a copy of the most recent certificate of occupancy pertaining to the common areas and facilities of the condominium property.
In every sale of realty to which this chapter applies, the developer shall warrant, or be presumed to have warranted that the condominium unit is in compliance with the Building Code, the Housing Code and the Planning and Zoning Code and all other applicable ordinances of the City except as noted on the certificate of occupancy pertaining to the common areas and facilities of the condominium property.
(f) Compliance with Warranties.
(1) To assure compliance with the warranty obligations specified under Section 1361.06
(g), the developer shall place in a separate warranty escrow account a sum equal to one percent (1%) of the gross sales price of each unit as sold, such escrow account to be established at a financial institution of the City whose accounts are insured by a government agency. The warranty escrow account shall be maintained for the period of the warranty and shall be held on behalf of the City. At the conclusion of the warranty period the escrow funds then remaining plus any accrued interest shall be returned to the developer. The unit owners other than the developer claim to the escrow fund shall be prior to any creditor of the developer including a trustee in bankruptcy or receiver.
(2) Following notification by a unit owner or the unit owners association, the developer shall make any required repairs or replacement of the warranted areas and facilities in a timely manner or as promptly as conditions necessitate in case of emergency. If the developer fails to comply with the warranty provisions, the unit owner or the unit owners association shall notify the developer and the Building Commissioner in writing of the intention to correct the condition at the developer's expense. If the developer fails to comply within fourteen days after being notified by the unit owner or the unit owners association, or as promptly as conditions require in case of emergency, the unit owner or unit owners association shall, after receiving two or more written estimates of the cost, have the work done by the tradesman submitting the lowest responsible estimate and have the cost of the work deducted from the warranty escrow account. If litigation is necessary in order to enforce any warranty hereunder and/or to attach funds from the escrow account, a prevailing plaintiff may, in addition to damages, be awarded reasonable attorney's fees by the court.
(Ord. 80-84. Passed 1-19-81.)
(Ord. 80-84. Passed 1-19-81.)