A. Inspection And Issuance Of Certificate Of Compliance:
1. Inspection Request: When an owner, or any person acting on his behalf, offers to sell or transfer the ownership of any residential or nonresidential building, condominium or apartment, he shall complete a request for inspection and submit the same to the Village Building Department. The request for inspection must be submitted to the Building Department at least ten (10) working days prior to the date scheduled for closing.
2. Code Compliance: Upon receipt of such request for inspection, the Building Department shall cause an inspection to be made of the subject property to determine compliance with all applicable codes including, but not limited to, the Village's building and zoning regulations, Electrical and Plumbing Codes, as well as all incorporated national codes.
3. Certificate Issued: If such property passes inspection, a certificate of compliance shall be issued to the owner. If such property does not pass inspection in one or more areas, the Director of Public Health and Safety or his designee shall issue a written order of correction to the owner, specifying the violations which exist for that particular property. Upon the correction of all defects and following reinspection by the Village, a certificate of compliance shall be issued.
4. Fees:
a. The inspection fee schedule is set forth in subsection 8-2-3I of this title.
b. One follow up inspection is included in the original inspection fee, if required. For each additional reinspection that is required, the fee shall be one-half (1/2) the original inspection fee.
c. For a mixed use building, a combination of fees shall apply.
5. Transfer Prohibited: It is unlawful for any owner or person acting on his behalf to sell or transfer the ownership of a building within the Village without complying with this section prior to closing.
6. No Guarantee: The issuance of a certificate of compliance, as delineated above, is in no way a guarantee that said property is free from mechanical, electrical, structural or other defects, and the Village is not responsible or liable for any claims or actions arising from such defects.
7. Term: The certificate of compliance once issued shall be valid for four (4) months or unless otherwise extended by the Village Administrator or his designee.
B. Conditional Certificate Of Compliance:
1. A conditional certificate of compliance may be issued in lieu of a certificate of compliance if the following conditions are met:
a. Payment of a one hundred fifty dollar ($150.00) administrative fee if the estimated cost of repairs does not exceed one thousand five hundred dollars ($1,500.00). If the estimated cost of repairs exceeds one thousand five hundred dollars ($1,500.00) a fee of five hundred dollars ($500.00) shall be required. After successful remediation of items noted on the conditional certificate of occupancy, three hundred dollars ($300.00) will be returned to the holder of the conditional certificate.
b. Written agreement between the seller and the buyer or transferee and the Village certifying that such buyer or transferee has agreed to correct any and all violations, as specified in the agreement, within three (3) months of the sale or transfer of ownership of the subject property.
2. The issuance of such conditional certificate of compliance is wholly within the discretion of the Building Department.
3. It shall be unlawful for any person to purchase or be transferred ownership of any building in violation of this section.
C. Document Review And Stamp:
1. Submission Of Documents: The ownership of, or ownership interest in, any building in the Village shall not be sold or otherwise transferred unless the seller or agent of the seller provides to the Village Clerk a copy of the original deed and document of transfer of ownership.
2. Stamp Required: The Village Clerk shall provide a property compliance stamp which is to be affixed upon the original deed or document prior to recording same if the subject property has passed the required inspection and obtained a certificate of compliance, or conditional certificate of compliance as provided above, and the seller, buyer, transferor or transferee, as the case may be, has paid any and all fines, fees or penalties owed to the Village in connection with the subject property. (Ord. O-21-17, 7-24-2017)
D. Procedural Rules:
1. The Village Administrator or his designee is charged with establishing procedural rules and regulations necessary to effectuate the purposes of this section.
2. The Village Administrator may, from time to time, raise inspection fees as necessary to cover administrative and enforcement costs.
E. Penalties: Any person who violates any of the provisions of this section shall be fined no less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) per violation. (Ord. O-01-02, 1-14-2002)