(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS DAY. A day the offices of the city are open for business.
CHARGES. All rates, fees and assessments assessed by the city under the authority of the codified ordinances of the City of Nitro, West Virginia, as amended, and penalties and interest for unpaid or delinquent rates, fees and assessments.
CLOSING AGENT. A person or business that is responsible for closing the transaction for the sale of real estate property located in the city. CLOSING AGENT shall include the mortgage lender, the seller’s broker, the buyer’s broker or any other person who acts in the capacity of a closing agent.
(B) Seller’s requirements effective on and after August 1, 2015.
(1) The seller of a fee interest in real property is responsible for satisfying, upon closing, any outstanding charges owed to the city, including, but not limited to, charges for the municipal service fee, refuse, sewer, wastewater, solid waste, fire services and parking.
(2) The seller shall, as a provision in a written agreement for the purchase and sale of real estate, specifically inform the closing agent for the sale of any municipal service provided to the property; provided, that the closing agent shall request from the seller specific information of the services provided to the property. The provision of the information in a written agreement for the purchase and sale of real estate constitutes a written request to the closing agent to administer disbursement of closing funds necessary to satisfy unpaid charges owed the city.
(C) Closing agent’s requirements and city requirements on and after August 1, 2015.
(1) The closing agent shall submit a request for a final billing to the city. A closing agent who fails to request a final billing identified in division (B) above is liable to the city for the unpaid charges covered by the request. A closing agent is not liable if the seller provides incomplete or incorrect information to the closing agent; provided, that the closing agent specifically requested from the seller specific information of the services provided to the property.
(2) After receiving a request for a final billing, the city shall provide the requesting party with a written estimated or actual final billing within five business days after receipt of the request. If the city is unable to provide a written estimated or actual final billing, due to insufficient information to identify the account, it shall notify the requesting party in writing that the information is insufficient to identify the account.
(3) The final billing must include all outstanding charges and the average per diem rate for city services for up to 30 days beyond the stated closing date if the closing date is delayed.
(4) A closing agent must inform the seller of all applicable estimated and actual final billings furnished by the city.
(Ord. 15-, passed 6-2-2015)