A. Compliance: Except as otherwise provided herein, no owner, agent, or person in charge of a single- or multi-family residential unit or structure or a commercial or industrial unit or structure shall sell, convey, quitclaim, trade or otherwise transfer same unless said unit or structure shall have been inspected and determined to be in compliance with all of the provisions of this code, as evidenced by an inspection and transfer stamp issued by the city clerk.
B. Title Insurance Reports: Except as otherwise provided herein, the requirement of inspection, obtaining the inspection and transfer stamp, and payment of inspection fees shall be mandatory on all transfers of ownership of or beneficial interest in all single- or multi-family residential dwelling units or structures or commercial or industrial units or structures within the city. This requirement shall be further reflected on all real estate title insurance reports conducted precedent to the transfer of ownership to give public notice of the mandatory inspection and issuance of the inspection and transfer stamp. Copies of the ordinance codified herein shall be sent to all title insurance companies with notice that a mandatory inspection and inspection and transfer stamp is required on any transfer of ownership of real estate in the city.
C. Application For Inspection And Transfer Stamp: Any owner of a single- or multi-family residential dwelling unit or structure or a commercial or industrial unit or structure located within the city shall file an application for an inspection and transfer stamp with the city not less than twenty one (21) days prior to any proposed sale, assignment or other transfer of any legal or beneficial interest of said real estate. There shall be no application fee for the transfer stamp. The fee for inspection is set forth in subsection 8-2-4D of this title.
D. Appointed Time Of Inspection: Upon request of the owner, agent or other person authorized to sell a dwelling or a structure used as a single- or multi-family residential dwelling unit or structure or a commercial or industrial unit or structure (hereinafter referred to as "applicant"), an inspector in the building department will be available at an appointed time within ten (10) working days as mutually agreed upon with the applicant to inspect such dwelling, or structure. The term "ten (10) working days" in this instance shall mean any ten (10) business days from the date the application is received by the city, during regular business hours.
E. Issuance: If such inspection establishes that the dwelling or the structure used as a single- or multi-family residential dwelling unit or structure or a commercial or industrial unit or structure complies with the provisions of this code, then the city shall issue an inspection and transfer stamp, provided all outstanding taxes, charges and/or fines owed to the city are paid in full for said unit or structure. Outstanding amounts due to the city shall include charges due for water and sewer services as a result of a final meter reading taken prior to the transfer of the property. Final meter readings must be scheduled by the owner of the property prior to the date of closing. The inspection and transfer stamp shall indicate the date of inspection; and that such dwelling complies with the requirements of this code. It shall be mandatory, prior to the sale or transfer of any real estate within the city limits of the city, that a transfer stamp be secured. A record of all inspection and transfer stamps shall be kept on file in the office of the building department and copies of the inspection reports shall be furnished, upon request, to any person having an interest or tenancy interest in the unit or structure affected by this chapter. There shall be no fee for the issuance of the transfer stamp.
F. Inspection Report: Said inspection shall be governed by the then current inspection procedure and the resulting reports prepared by the inspectors in the building department shall be placed on file in the city clerk's office.
G. Refusal To Consent; Warrant Procedures: If the owner or occupant does not consent to the proposed inspection, the building department may appear before any judge in the circuit court of Cook County and seek an administrative search warrant to allow an inspection. Any such application shall be made within fourteen (14) calendar days after the owner's nonconsent. The application for the warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination whether there are violations of the building code, and whether there have been any illegal conversions of the building to increase the number of individual dwelling units in violation of the building code (this title) or the zoning code (title 10 of this code). The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued:
1. Eyewitness account of violation;
2. Citizen complaints;
3. Tenant complaints;
4. Plain view violations;
5. Violations apparent from city records;
6. Property deterioration;
7. Age of property;
8. Nature of alleged violation;
9. Condition of similar properties in the area;
10. Documented violations on similar properties in the area;
11. Passage of time since last inspection;
12. Previous violations on the property.
H. Uninspected Property; Transfer Stamps: In the event the owner or occupant refuses to consent to an inspection, and the city does not seek a warrant (or if court refuses an application for the warrant), the building department shall notify the city clerk that "uninspected property" transfer stamps may be issued. In connection with the issuance of transfer stamps, the city clerk shall advise the purchaser of such property that is "uninspected property".
I. Payment Of Current Water Bills; Predeprivation Hearing: The seller must pay the current water bill and other fees owed by the seller to the city prior to the issuance of transfer stamps. In the event the owner disputes any such obligation (or any portion thereof), the office of city clerk shall promptly provide the owner with a predeprivation due process hearing consistent with the principles enunciated in Memphis Light, Gas & Water Division v. Craft, 436 U.S. 1 (1978). The city clerk's office shall provide the hearing within five (5) business days of a request. If the owner disputes the city's determination as to liability, the owner may pay said bill under protest, and may pursue any remedies available to said seller to recover the claimed overcharge. (Ord. O-25-2007, 7-16-2007)