(a) The owner or owners of any property to which an order or notice to repair, improve, remove, demolish or vacate has been issued, pursuant to these Codified Ordinances, or such owner's or owners' real estate agent or broker, shall not sell or enter into an agreement to sell, rent or lease such property, unless all violations cited against such property have been corrected and written approval of such corrections has been received by the property owner from the Building Commissioner or representatives of the Building Commissioner. Any such owner or owners shall disclose to such owner's or owners' real estate agent or broker any order or notice issued by the Building Department so as to ensure full compliance with this section.
It shall be an affirmative defense to any misdemeanor charge brought pursuant to this section if the person charged provides to the Court the requisite proof that prior to transfer of title the purchaser, renter or lessor signed and provided to the person cited as responsible for correction of such cited violations a written statement assuming responsibility for correction thereof and specifically listing:
(1) The nature of each violation; and
(2) The deadline set for correction by the Building Department.
(b) In the absence of full compliance with the order to repair, and where an agreement of assumption as set forth herein and fully executed by all parties cannot be produced, the owner or owners of the property against which an order or notice has been issued, pursuant to these Codified Ordinances, shall be deemed to have committed a separate violation of subsection (a) hereof on each day on which uncorrected violations continue to exist and on which no written statement assuming responsibility has been signed.
(c) No person shall place on a statement of assumption of responsibility a date earlier than the actual date of signature.
(d) Any person transferring property in violation of subsection (a) hereof shall be deemed to have warranted to the transferee that no violations of the ordinances of the City exist with regard to such property on which a citation has been issued or other form of notice or order to repair has been given.
(Ord. 94-43. Passed 7-5-94.)