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The following provisions shall apply to the issuance of Zoning / Use Certificates:
(a) Every owner of real property located entirely or in part in the City, prior to entering into a contract for the sale or transfer of such realty, shall tender to the prospective buyer a copy of a Zoning / Use Certificate issued by the Director of Community Development within six (6) months prior to the execution of the contract of sale. The buyer shall give the seller a receipt for the certificate. The certificate shall not be required in a sale or transfer by one governmental agency to another.
(b) When an escrow agent has been established in connection with the sale of such real property, the escrow agent shall not transfer title or distribute funds until there has been deposited in escrow an acknowledgment from the buyer of the receipt of a copy of the Zoning/Use Certificate.
(c) The Zoning / Use Certificate shall be in such manner and form as may be adopted by the Director of Community Development and shall at a minimum include the following:
(1) The address of the premises;
(2) Designation of the zoning district the premises are located in;
(3) The present permitted and conditionally permitted uses of such premises.
(d) The Zoning / Use Certificate shall be valid for a period of six months from the date of issuance. A Zoning / Use Certificate is not a warranty or guarantee that the premises are lawfully used, nor shall the City be held responsible for any errors or omissions in the Zoning/Use Certificate.
(e) A Zoning / Use Certificate may be requested in writing, in person, or by telephone or FAX from the Director and they shall be provided in person or by mail or FAX without charge or fee.
(f) Any person, firm or corporation violating any provision of this section shall be fined not less than fifty dollars nor more than one hundred dollars for each offense.
(g) The provisions of Section 1105.16 shall not apply to:
(1) A sale or transfer which has been closed prior to the effective date of Section 1105.16.
(2) A sale or transfer where the seller or transferor and the purchaser or transferee have signed a purchase agreement prior to the effective date of Section 1105.16.
(h) The Community Development Department shall monitor the land transfers within the City of Kent that are filed with the Portage County Recorder's Office. Should a transfer be filed, for which no zoning / use certificate was issued, the Community Development Department shall send a zoning / use certificate to the new owner within thirty (30) days of discovery of the transfer.
(i) The provisions of Section 1105.16 are severable, and if any sentence or other part of this section should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect.
(Ord. 2011-15. Passed 03-16-11).