(a) The owner of any residential, commercial, semi-industrial or public facilities, improvements, structures, home, apartment, outbuilding or other building, or land upon which such facilities, improvements, structures, home, apartment, outbuilding or buildings are located, entering into an agreement to sell or otherwise convey an interest in such land or building structures, shall obtain from the Building Commissioner a certificate of inspection, and present such certificate or an exact copy thereof to any prospective purchaser or grantee prior to the time of transfer of title to the purchaser, in order to permit the escrow agent to comply with this chapter. The certificate of inspection shall list thereon all known violations of Village codes determined from the inspection, as well as other informational material.
(b) In the event any property as described in subsection (a) hereof is sold at Sheriff's sale or other court ordered auction or sale or any person obtains title to the property for consideration by any means, and no certificate of inspection has been issued for said property within one year prior to the date of such sale or transfer of title, the purchaser or transferee of said property shall apply to the Building Commissioner for a certificate of inspection within thirty days after the time of transfer of title to the purchaser or transferee. The failure of the purchaser or transferee to obtain and/or file a deed with the County Recorder shall not excuse the purchaser or transferee from compliance with this chapter. The purchaser or transferee shall further comply with all of the obligations of a seller under this chapter including, without limitation, the duty to place funds in escrow for corrections of Class "A" violations.
(c) Any owner of residential property required by subsections (a) and/or (b) hereof to obtain a Certificate of Inspection from the Building Commissioner may refuse entry onto their property and/or into any residential improvements, structures, home, apartment, outbuilding or other building. Upon such refusal, the Village shall be obligated to either (i) issue a Certificate of Inspection based solely on the Village's curbside inspection or (ii) seek an administrative search warrant from a court of competent jurisdiction to conduct an inspection of the property. Once an administrative search warrant is issued, the Village shall promptly perform its inspection and issue a Certificate of Inspection pursuant to the provisions of this ordinance. In the event that the Village's petition for an administrative search warrant is denied, the Village shall be obligated to issue a Certificate of Inspection based solely on the Village's curbside inspection of the property.
(d) If all Class A violations listed on a Certificate of Inspection are not corrected prior to any transfer of title, an escrow account must be established and funds, in an amount equal to the greater of five hundred dollars ($500.00) or the amount that is one hundred twenty percent (120%) of the estimated cost of repairs, must be deposited to pay to correct all violations. The amount to be deposited in escrow shall be determined by the Building Commissioner, provided that the Building Commissioner shall take into account the amount of any signed contract with any contractor registered to do business in the Village.
(e) A Certificate of Inspection issued by the Village hereunder shall be valid for a period of one (1) year from the date of issuance the Certificate of Inspection.
(Ord. 2020-39. Passed 11-17-20.)