(a) If, upon inspection of the premises, it is determined that the same is in compliance with this Building Code, the CBO or his assistant shall issue a certificate of inspection to seller with a copy to the purchaser. Such certificate of inspection shall be picked up within thirty days after the date of inspection or reinspection which resulted in its issuance.
(b) Content of Certificate; Duration and Transferability.
(1) The certificate of inspection shall include all of the information referred to in Section 1311.02 hereof and shall list therein all known violations of Building and/or Zoning Codes as determined from the inspection, and shall order the correction of all known violations as determined from the inspection as well as such other informational material as may be deemed relevant by the CBO.
(2) The date of issuance of the certificate of inspection shall not be less than thirty days prior to any transfer of any interest in the premises, unless a shorter period is approved by the CBO.
(3) The certificate of inspection shall be valid for a period of one year from the date of issuance.
(4) In the case of resale of the same property ("premises") within the one- year period of validity of the certificate of inspection, such certificate shall remain valid for any remaining part of the original one-year period.
(c) Corrections.
(1) All violations shall be corrected within thirty calendar days of the issuance of the certificate of inspection as required herein, unless an extension is granted by the CBO for good cause shown.
(2) If, upon inspection, it is determined that the premises are in substantial compliance with the Housing Code, the CBO or his assistant may, at his discretion, issue a qualified certificate of inspection to the seller with a copy to the purchaser, subject to the correction of minor violations within a specified period of time. Such qualified permit shall be issued only upon completion of an agreement signed by the owner or his agent specifying a reasonable time period for completion of such corrections, which period shall have been approved by the CBO or his assistant and expressly stating that prior to the transfer of title to the premises, owner has placed or will place in escrow an amount of money, approved by the CBO or his assistant, to cover the cost of all required corrections. In the event there is no escrow established for the transfer, the seller shall deposit the required amount of money with an escrow agent selected jointly by the seller and the CBO. Any fees charged by the escrow agent shall be paid by the seller.
(3) Funds shall be released from escrow in the manner set forth in the agreement or as provided in Section 1319.07. Failure to complete the corrections within the agreed time period shall void such qualified permit. No qualified permit shall be issued where corrections required as a result of a prior change of occupancy have not been completed.
(4) If the transferor fails to correct the violations contained in the certificate of inspection prior to the transfer of title, then the purchaser or transferee of the property shall be required to correct the violations contained in the certificate of inspection within the time allotted by the agreement and the funds placed in escrow shall be available for or to the transferee to complete the required repairs within any extension of time permitted by the CBO.
(d) Compliance Documents. A status letter shall be issued by the CBO upon a request by or on behalf of the owner, after all or any part of the corrections listed in the certificate of inspection have been performed to the satisfaction of the CBO.
(e) (1) Where extensive violations are found, or where conditions exist which are determined to be a hazard to the health, safety or welfare of the occupants of a dwelling structure, the CBO or his assistant shall refuse to issue a certificate of inspection. Such refusal shall be in writing, and shall list the corrective measures required. Upon receiving such written refusal and list of corrective measures required from the CBO or his assistant, the seller shall give the prospective purchaser or his agent a copy of the written refusal and list of corrective measures required, prior to entering into an agreement with the purchaser for the transfer of title to the property, or if the seller does not enter into a written agreement for the transfer, prior to the filing for record of a deed to the property.
(2) Such written refusal and list of corrective measures required shall be a public record of the Village which shall constitute notice to all subsequent purchasers, transferees, or any other persons who acquire any interest in the real property in which the violations exist and which may be enforced against their interest in the real property without further notice or order to them.
(3) No change of occupancy shall take place until such corrections have been made and approved and a certificate of inspection has been issued. Where there is noncompliance with a written notice, or in case of an emergency situation, the CBO or his assistant shall proceed in the manner prescribed by Chapter 1306.
(f) The owner, agent or operator of any structure or premises shall have the right to appeal the denial of a certificate of inspection in the manner prescribed by Section 1306.30.
(Ord. 2010-16. Passed 4-14-10.)