(a) It shall be unlawful for any person who is the purchaser of a commercial property or unit to occupy the same until a certificate of building inspection without any deficiencies has been issued for the subject premises, within the prior three (3) months. This section shall apply to the sale of the entire building.
(b) At the time of inspection, the owner must provide the building commissioner a copy of all paid bills showing no arrearages, including sewer, water and garbage bills. No certificate shall be issued until all such bills have been paid.
(c) For purposes of this section, the following words shall have the meanings set forth below:
Lease And Rental Contract: The transfer of occupancy rights in real property for consideration even if no written agreement is entered into.
Owner: The titleholder of the real property, including, but not limited to, the beneficiaries of a land trust, all partners in a partnership, the officers of a corporation or any agent thereof, and the owner of shares in a cooperative association.
Sale: The transfer for consideration of the title to real estate and includes the purchase of the share in a cooperative association or a corporation.
(d) All applications for a certificate of building inspection shall be made on such forms as prescribed by the building commissioner. The building commissioner shall issue a report within ten (10) days after gaining access to the subject property, whether by consent or by warrant, and after the payment of the applicable inspection fees.
(e) The building commissioner may order additional inspections, including, but not limited to, structure, drainage, plumbing, electrical, health and fire protection and prevention. Each such inspection will be made after payment of a fee as set forth in section 13-1 of this code, for each inspection. All deficiencies shall be noted on the report.
(f) All deficiencies shall be corrected prior to the issuance of the certificate of inspection and any new business taking occupancy.
(g) Upon all inspections being passed, the building commissioner shall issue a certificate of inspection.
(h) Where no consent has been given to enter or inspect any property, no entry or inspection shall be made without procurement of a warrant from the circuit court of the county. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued:
(1) Eyewitness account of violation;
(2) Citizen complaints;
(3) Tenant complaints;
(4) Plain view violations;
(5) Violations apparent from village records;
(6) Property deterioration;
(7) Age of property;
(8) Nature of alleged violation;
(9) Similar properties in the area;
(10) Documented violations of similar properties in the area;
(11) Passage of time since last inspection;
(12) Previous violation on the property.
Cause for issuance of a warrant shall be deemed to exist in light of reasonable legislative and administrative standards which show that there is a reason to believe that a condition of nonconformity exists with respect to a particular property in violation of a village ordinance.
(i) All violations existing on the property run with the land irrespective of the failure to act of a previous owner or tenant.
(j) The village does not guarantee the condition of the subject property and is not responsible for any claims arising out of the subject property or the condition thereof. The village does not warrant that all deficiencies are listed in a certificate of inspection and does not warrant anything as to the condition of the property or the habitability thereof.
(k) Ordinance 2002-18 codified as this section, shall be recorded with the Cook County recorder of deeds in order that the requirement of a certificate of housing inspection shall appear as a restriction on all title commitments issued on all property located within the village, and no closing shall take place without such certificate.
(Code 1972, § 3-1-12; Ord. 2002-18, § 3, 5-28-2002; Ord. 2007-29, § 1, 11-12-2007; Ord. 2009-27, § 9, 11-23-2009)