(A) (1) No single-family dwellings shall be sold to another who intends to occupy the same unless the seller shall transfer to the buyer a valid certificate of compliance issued by the Housing Inspector certifying that said dwelling complies with applicable provisions of this chapter, as amended from time to time, and the applicable provisions of Chapter 154 of this code, as amended from time to time. The certificate of compliance herein provided for shall have been obtained by the seller within six months prior to the date of sale. In the event the seller does not have a valid certificate of compliance, he or she shall so inform the buyer. The transfer of a valid certificate of compliance herein provided for may be waived by mutual agreement of the parties; provided, that such waiver is accompanied by a list of existing violations prepared and signed by the Housing Inspector and dated not more than six months prior to the date of sale. The notice of violations shall be attached to and made a part of the waiver of certificate of compliance herein provided for. Such a waiver shall be in writing and shall be in the following form:
WAIVER OF CERTIFICATE OF COMPLIANCE NOTICE: DO NOT SIGN IN BLANK. DO NOT SIGN WITHOUT READING (Name of seller) proposes to sell certain real estate located at (street address) and described more particularly as follows: (insert legal description) and (name of buyer) proposes to purchase the same. (Name of seller) is unable to transfer to (name of buyer) a valid certificate of compliance as required by Section XIX of the Linden Housing and Rental Ordinance (§ 152.16 of the Linden City Code). Therefore, it is understood that the seller’s liability to so transfer a valid certificate of compliance means that the property proposed to be sold is not in compliance with the Linden Housing and Rental Ordinance (Chapter 152 of the Linden City Code) and contains defects which must be corrected, such defects being listed on the notice of violation attached hereto. It is further understood that the buyer in signing the waiver acknowledges the fact that the property to be purchased by him is in violation of the Linden Housing and Rental Ordinance (Chapter 152 of the Linden City Code) and contains certain defects which must be corrected and that in the event a sale is consummated, the buyer will be required to correct said defects and will be subject to the fines and penalties provided in the Linden Housing and Rental Ordinance (Chapter 152 of the Linden City Code) for failure to do so unless a variance is obtained. It is also understood that the occupancy of the premises by the buyer without correction of the defects or obtaining the necessary variance is a violation of the Linden Housing and Rental Ordinance (Chapter 152 of the Linden City Code) and subjects the buyer to the fines and penalties therein provided. It is finally understood and agreed that the parties do hereby waive the transfer of a valid certificate of compliance by the seller to the buyer as required by the Linden Housing and Rental Ordinance (Chapter 152 of the Linden City Code). Dated this day of , 20____ , IN THE PRESENCE OF: (Name of Seller) (Name of Seller) (Name of Buyer) (Name of Buyer)
|
(2) The form set forth in this division (A) shall be secured from the City Clerk’s office and a copy thereof, fully executed by all parties, shall be returned to said office for filing following consummation of the sale.
(B) Upon request of the owner, agent, or other person authorized to sell such a dwelling (hereinafter referred to in this section as the “applicant”) and payment of the inspection fee, the Housing Inspector will be available at an appointed time within 48 hours agreed upon by himself or herself and the applicant, or later, if the applicant requests, to inspect such dwelling. If such inspection establishes that the dwelling complies with all of the minimum housing standards, he or she shall issue a certificate of compliance for said dwelling.
(C) If said dwelling does not comply with said minimum housing standards, the Housing Inspector shall furnish the applicant with a written list of the specific violations of this code which would have to be corrected before a certificate of compliance may be issued or a list of violations, as above provided.
(D) Any applicant who is delayed in correcting violations necessary to entitle him or her to a certificate of compliance may petition the Health Officer in writing for temporary waiver of compliance. No fees shall be required. The petition shall be on a form provided by the Health Officer and shall contain the information therein requested and reasonably necessary to his or her decision, and shall include a written and signed statement by the person under contract to correct the violation, specifying the anticipated date of beginning and completion of the work. If, after the hearing, the Health Officer finds that the delay in the correction of the violation is reasonable, taking into consideration the availability of qualified persons to do the work and the current work load, and the work can reasonably be undertaken and completed while the premises are occupied or that appropriate provision has been made for housing the tenant elsewhere during the necessary period when the dwelling or dwelling unit will not be habitable because of the work of correcting the code violation, the Health Officer shall issue a temporary waiver of compliance expiring on the date when the corrective work should be completed. The applicant shall, on or before said date, request a re-inspection and pay the re-inspection fee. The Housing Inspector shall re-inspect the dwelling or dwelling unit and issue the certificate of compliance or list any remaining violations, as above provided.
(E) Any applicant who deems himself or herself aggrieved by the decision of the Health Officer on his or her appeal may, by written request to the Housing Appeal Board and without the payment of a fee, have the entire matter heard by it on his or her original petition. After hearing the applicant, his or her witnesses, his or her counsel (if any), the Health Officer or his or her designate and any witnesses he or she may produce, and his or her counsel (if any), the Housing Appeal Board shall, if it finds the existence of all the required prerequisites to the granting of a temporary waiver of compliance by the Health Officer, direct him or her to issue such a waiver.
(F) The fees for inspections under this section shall be determined by resolution of the City Council.
(G) The inspections provided for in this section shall not be mandatory until January 1, 1975.
(2011 Code, § 15.08.160) (Ord. 67, passed - -1974; Ord. 159, passed - -1990) Penalty, see § 152.99