(A) Requirements. If an inspection has been made pursuant to this subchapter, no owner, agent or person in charge of a one-family dwelling or multiple-family apartment house shall sell, convey, transfer, assign or otherwise dispose of ownership by any form of deed, document of conveyance or assignment, either of title or of the beneficial interest in a trust of any kind or otherwise, or by successor in interest through inter vivos conveyance or through bequest or inheritance, or otherwise the property unless a water stamp has been issued and/or allow any person to occupy the same as the owner or as a tenant or lease unless the Building Department has issued a certificate of occupancy for such dwelling or structure.
(1) A water stamp and/or certificate of occupancy shall be issued only if:
(a) The Building Department has determined that the dwelling or structure is in compliance with all the provisions of this code that pertain to health and safety; and
(b) The owner has filed with the Building Department a roofing certificate from a roofing contractor licensed and bonded with the state which certificate provides substantially as follows:
1. The inspection of the roof reveals that the roof covering is in satisfactory condition with no evidence of leaks; roof is water-tight, not worn out and has an estimated physical life of three years; and
2. However, no roof certification shall be required if the owner, agent or person in charge submits to the Building Department proof that the roof has been replaced or repaired within 12 months from the date of the proposed sale or lease.
(2) Notwithstanding other provisions of this subchapter, any owner, agent or person in charge of a one- family dwelling or a multiple-family apartment house shall be allowed to sell, convey, transfer, assign or otherwise dispose of ownership by any form of deed, document of conveyance or assignment either of title or of the beneficial interest in a trust of any kind, or otherwise or by successor in interest through inter vivos conveyance or through bequest or inheritance.
(a) If the owner, agent or person in charge of the dwelling or structure has deposited in escrow an amount of money determined by the Building Department to be sufficient to bring the dwelling or structure into compliance with all of the requirements of this code that pertain to health and safety; and
(b) The owner, agent, buyer, conveyee, assignee or successor in title, ownership or interest, however accomplished, lessee or person in charge of the dwelling or structure has entered into an agreement with the city whereby the buyer, conveyee, transferee, assignee or successor in title, ownership or interest, however accomplished or lessee agrees to bring the dwelling or structure into compliance with the provisions of this code that pertain to health and safety within the time period determined by the Building Department, and the city agrees to immediately issue a water stamp and to issue a certificate of occupancy upon completion of the repairs and remedial work necessary to bring the dwelling or structure into compliance with the provisions of this code that pertain to health and safety. No certificate of occupancy shall issue until the dwelling or structure has been determined to be in compliance with all the provisions of this code that pertain to health and safety.
(3) The city shall not refuse to issue a water stamp and/or a certificate of occupancy on any ground other than the building or dwelling is not in compliance with the provisions of this code that pertain to health and safety. By way of example, the city shall not refuse to issue a water stamp and/or certificate of occupancy on any ground related to the city’s opinion regarding cosmetics. As part of the inspection process, the city shall not require owners, agents, buyers, lessees or persons in charge of the dwelling or structure to make any cosmetic changes (e.g., painting walls, repairing carpet) that are unrelated to legitimate health and safety concerns. The city shall not administratively suspend the provisions of this subchapter that permit sale or lease of dwellings or structures pursuant to this subchapter.
(4) Failure of the owner or buyer, conveyee, transferee, assignee or successor in title, ownership or interest, however accomplished, or lessee to fulfill the terms of the agreement in these sections hereof or to bring the dwelling or structure into compliance with all the provisions of this code identified in the inspection report that constitute a violation of this subchapter, such violations continue until the dwelling or structure is in compliance with the provisions of this code.
(a) If reasonable proof is not received by or shown to the Building Department or another authorized representative of the city designated by the governing body for the city within the period of time established by the Building Department as the period of time for said repairs to be completed, the city may elect to suspend water services to the premises pending proof of completion of repairs. The city may, at its sole option and discretion, provide for temporary water service to the premises as documents necessary and appropriate for repairs to be made and completed to the dwelling or structure.
(b) With respect to a repair escrow, if reasonable proof that the repairs have been completed is not received by or shown to the Building Department or other authorized representative of the city designated by the governing body of the city, within the escrow time period established by the Building Department as the time period for said repairs to be completed, the city at its sole and exclusive option, shall declare the escrow deposit forfeited and/or shall issue a citation violation of this subchapter and/or escrow agreement and shall use the escrow funds to secure, or repair the structure so that it will be in compliance with the provisions of this subchapter.
(c) If after the lapse of the established time period for repair, the city secures the repair of the structure, the city shall reimburse itself from the retained repair escrow funds. No more than 15% of the escrow funds may be used by the city for administrative expenses, which must directly relate to the city’s efforts to coordinate, oversee or otherwise accomplish the repairs that must be made pursuant to the agreement entered into pursuant to this subchapter. Any unused portion of the retained proceeds shall be returned to the buyer/owner or lessee.
(d) There shall be no liability on the part of, and a cause of action shall not arise against the city or its agents or employees of the city in the course of enforcing or complying or attempting to comply with the provisions of this subchapter.
(B) Issuance of certificate shall not constitute a warranty. In issuing a certificate of occupancy, the city does not intend to, nor does it warrant, insure or guarantee to the holder thereof, to his or her assignee or other interested party, that there are no violations of this code or laws of the state.
(Prior Code, § 151.40) (Ord. 06-O-1863, passed 5-7-2006)