A. Certificate Of Compliance Required:
1. Except as provided in subsection B2 of this section, no single-family residence, business, commercial or industrial structure or building (hereinafter referred to as "property") shall be sold, leased, conveyed, assigned or transferred in any way, unless the owner, seller, lessor, conveyor, assignor or transferor (hereinafter referred to as "transferor") obtains a certificate of compliance from the city based upon an inspection made of the property. (Ord. O-19-98, 4-20-1998)
2. If the property is transferred through foreclosure, court proceedings, an estate proceeding or any involuntary proceeding, the transferee shall not occupy the property until a certificate of compliance is issued. (Ord. O-20-92, 7-6-1992)
B. Inspection; Correction Of Violation:
1. A transferor shall apply to the city for inspection by the department of public services within two (2) months of the date of contract, but in any event no later than one month prior to the date of closing or transfer. A certificate of zoning shall accompany all applications. Upon inspection of the property, the inspector shall issue an inspection report setting forth the findings of the inspector that the property either complies with all building, zoning, health and safety regulations and ordinances of the city or, in the alternative, listing the violations thereof. If the property passes inspection and the transferor has presented a stamped receipt of final water payment from the city finance department, a certificate of compliance shall be issued. Otherwise, the transferor shall correct the violations before closing or transfer of the property and upon reinspection and a finding that all the violations have been corrected, and the transferor has presented a stamped receipt of final water payment from the city finance department the certificate of compliance shall be issued. (Ord. O-34-95, 7-17-1995)
2. A conditional certificate of compliance shall be issued in the event that the buyer, lessee, assignee or transferee agrees to correct the violations listed in the inspection report and the transferor has presented a stamped receipt of final water payment from the city finance department. The conditional certificate of compliance shall provide that the buyer, lessee, assignee or transferee shall correct the violations in lieu of transferor and shall not occupy the property until a certificate of compliance is issued, unless the buyer, lessee, assignee or transferee within seventy two (72) hours of closing applies for the necessary permits to correct the said code violations, or the property is a commercial occupied building or rental property, then buyer, lessee, assignee or transferee shall have one hundred twenty (120) days to correct the violations. (Ord. O-25-96, 4-1-1996)
C. Nonliability Of City: The inspection of any building pursuant to the terms of this section by the department of public services is for the purposes of the city only, and the results of said inspection are not to be construed as a representation to any person of the condition of same or a guarantee that the property is free of mechanical or structural defects. The city shall not be liable as a result of said inspection or for any claims arising from such defects. (Ord. O-20-92, 7-6-1992; amd. Ord. O-06-94, 3-7-1994)
D. Fee For Inspection And Certificate Of Zoning: The fee for inspection and certificate of zoning made at the request of any buyer, seller or real estate broker or other agent shall be at the following rate schedule, payable in advance at the time of the request:
Residential buildings: | ||
Apartment building | $200.00 plus $30.00 for each unit | |
Condominium unit | $250.00 | |
Single-family | 250.00 | |
Commercial buildings; square footage: | ||
0 to 3,000 | 200.00 | |
3,001 to 5,000 | 250.00 | |
5,001 to 8,000 | 300.00 | |
8,001 to 10,000 | 350.00 | |
10,001 to 15,000 | 400.00 | |
15,001 to 25,000 | 450.00 | |
25,001 to 100,000 | 500.00 | |
100,001 and over | 550.00 | |
Industrial buildings; square footage: | ||
0 to 3,000 | 400.00 | |
3,001 to 5,000 | 450.00 | |
5,001 to 8,000 | 500.00 | |
8,001 to 10,000 | 550.00 | |
10,001 to 15,000 | 600.00 | |
15,001 to 25,000 | 650.00 | |
25,001 to 100,000 | 700.00 | |
100,001 and over | 750.00 | |
(Ord. O-23-2011, 11-21-2011)
E. Penalty: Any person who participates in the sale or transfer of the property, including seller, buyer, real estate broker, real estate agent, legal agent or title company in violation of this section shall be fined not more than five hundred dollars ($500.00) for such offense on each day the violation occurs. (Ord. O-20-92, 7-6-1992)
F. Residential Real Property Disclosure Report:
1. The residential real property disclosure report, pursuant to 765 Illinois Compiled Statutes 77/1 et seq. (residential real property disclosure act), a copy of which is on file in the office of the city clerk, be and is hereby adopted as the residential real property disclosure report for the city for the purpose of providing prospective buyers with information about material defects in the residential real property as herein provided; and each and all of the regulations, provisions, conditions and terms of said report, are hereby referred to, adopted and made a part hereof as if fully set out in this subsection. A copy of said disclosure report form is hereby attached thereto and made a part hereof.
2. Effective October 1, 1994, sellers are required, pursuant to 765 Illinois Compiled Statutes 77/1 et seq. (residential real property disclosure act), to provide both sides of said report form to all prospective buyers before a purchase contract is signed.
3. The seller shall certify that the information provided is based on the actual notice or actual knowledge of the seller without any specific investigation or inquiry on the part of the seller. The seller shall authorize any person representing any principal in the transaction to provide a copy of said report, and to disclose any information contained in said report to any person in connection with any actual or anticipated sale of the property. (Ord. O-28-94, 11-7-1994)
4. This disclosure report shall be made available to the prospective buyer within the time frame and period provided for by the Illinois department of professional regulations. (Ord. O-30-94, 11-21-1994)