(a) No owner, agent, property manager, firm or corporation shall permit the sale, transfer of title or convey an interest in improved real estate without first providing the buyer with a current certificate of inspection, a point of sale/property maintenance inspection, or a document obtained by the Building Official declaring the property to be violation free.
(b) The seller shall provide to the Building Department, a statement signed by the purchaser acknowledging receipt of the most current certificate of inspection, point of sale/property maintenance inspection or a document obtained by the Building Official declaring the property to be violation free, and such statement shall list thereon the date the certificate was given to the purchaser as a condition of issuing a certificate of occupancy to the new owner, which is required prior to transfer of title.
(c) If all violations listed on the certificate of inspection are not corrected prior to transfer of title, before a certificate of occupancy can be issued to the new owner, as required prior to title transfer, an escrow account shall be established with an escrow company described in subsection (e) hereof, and funds, in an amount not less than one hundred dollars ($100.00) and equal to 100 percent of the estimated cost of repairs, shall be deposited therein to pay for the cost to correct all remaining violations. The amount to be deposited into an escrow account shall be determined by procuring a written estimate from a company capable of performing the work, which is currently registered to do business in the City. The amount deposited into the escrow account shall be 100 percent of the estimate. If the party establishing the escrow account (seller or purchaser) can demonstrate to the Building Official that after a good faith effort he or she is unable to obtain one written estimate, he or she may submit a written request authorizing the Building Official to prepare an estimate and determine and establish the amount of money to be deposited into the escrow account. In lieu of the deposit of funds into an escrow account, the purchaser may submit a written request to the Building Official to allow a bond of adequate surety, of at least 100 percent of the estimated cost of repairs. Said bond shall be approved by the Law Director before being accepted by the Building Official. If the bond is rejected for any reason, the seller or purchaser shall be required to deposit funds equal to at least 100 percent of the estimated cost of repairs into an escrow account as set forth above. If after securing a bond, or depositing adequate monies into an escrow account, the violations are not corrected in a timely manner as set by the Building Official, the City may enforce collection of the bond, or funds from the escrow account to pursue the enforcement of any and all Property Maintenance and Building Code violations or to take such other actions deemed necessary for compliance. If a purchaser fails to connect the violations in a timely manner, no further bonds will be acceptable from that purchaser or any related entities for the property in question or any other properties in the City.
(d) If the purchaser, owner, agent, in charge fails to correct the violations at stated in the point of sale/property maintenance notice, and is unable to complete the required repairs to bring the property into compliance as set forth in the Acceptance of Violations Agreement, the purchaser, owner of record, agent, or person in charge shall forfeit all rights to the escrow funds deposited with the escrow company. The City will begin utilization of the escrow funds at the discretion of the Building Official to request bids for the correction of the remaining violations, until the escrow funds are depleted, or all violations have been corrected. Should the funds not be sufficient to correct all remaining violations the purchaser owner of record, agent, or person in charge shall make the remaining repairs.
(e) Escrow funds shall be deposited in a state certified escrow company. The City of Maple Heights shall be named as the beneficiary of the escrow monies if the violations are not corrected during a period of time set by the Building Official. The purchaser, owner, or agent in charge shall file all City required copies of documents from the escrow company with the Maple Height Building Department. Escrow funds shall only be disbursed to the property owner upon complete correction and inspection of all code violations on the property with written authorization by the Building Commissioner. No person, acting in the capacity of an escrow agent in any real estate transaction, shall transfer title, file any instrument to transfer title, or disburse funds from any sale unless the provisions of this chapter have been satisfied.
(Ord. 2000-137. Passed 12-6-00; Ord. 2001-091. Passed 11-7-01; Ord. 2006-007. Passed 3-1-06; Ord. 2006-77. Passed 7-19-06; Ord. 2008-48. Passed 5-21-08; Ord. 2009-02. Passed 1-21-09; Ord. 2011-35. Passed 6-15-11; Ord. 2013-26. Passed 6-19-13; Ord. 2014-03. Passed 2-5-14.)