A. No existing building or part thereof, shall be submitted to the provisions of the Illinois condominium property act nor shall an existing apartment be offered for sale or sold as a proposed condominium unit without the prior issuance of a certificate of code compliance, conditional certificate of code compliance, or partial certificate of code compliance issued pursuant to this chapter.
B. A developer intending to submit a property to the provisions of the Illinois condominium property act and/or offering an existing apartment for sale as a proposed condominium unit shall file a written notice of intent to convert with the director. The notice shall include a current survey of the subject property, the address, a description of the subject units, and the names and telephone numbers of existing occupants and the current property owner if other than the developer. The developer shall timely provide such other information regarding the condition of proposed development of the property as the director shall reasonably request. A code inspection of the property, including all projected condominium units and common elements and facilities, shall be scheduled by agreement between the developer and the director when the notice of intent to convert is received. The inspection shall include compliance with all applicable zoning, building and/or other life safety codes. The director shall issue a written code inspection report after any inspection or reinspection and immediately mail a copy to the applicant at the address provided. The inspection fee for each inspection or any reinspection shall be one hundred fifty dollars per unit.
C. No certificate of code compliance shall issue until the director finds:
1. That the subject property is in substantial compliance with this title. The director shall establish a schedule defining "substantial compliance" with this title, which schedule shall be revised from time to time and be made available to the public, and
2. a. Except as provided in this subsection, that the subject property has 2.5 parking spaces provided per unit.
b. A waiver of this requirement may be obtained by paying a fee into the village parking reserve fund in the amount of fifteen thousand two hundred sixty dollars per parking space deficiency.
c. The village shall refund a prorated portion of any such contribution (without interest) for each parking space which is purchased in the future. Any such refund shall be made to the association.
3. That the subject property is in substantial compliance with title 10, chapter 24 of this code unless said compliance would result in the loss of parking or the need to relocate or alter an existing building. For purposes of this subsection, the exception for building footprints less than five thousand square feet contained in section 10-24-3 of this code shall not apply.
D. 1. The director may issue a partial certificate of code compliance for those condominium units and/or common elements and facilities which are in compliance with subsection C of this section and a conditional certificate of code compliance has been issued for the remainder of the property. Any condominium unit and/or common elements and facilities issued a partial certificate of occupancy shall be deemed habitable.
2. The director may issue a conditional certificate of code compliance for those condominium units and/or common elements and facilities not in compliance with subsection C of this section if the following conditions are met: a) a detailed written plan has been submitted providing for compliance with subsection C of this section within the time required by any planned development or building permit, and b) compliance with the plan is secured by a performance bond, letter of credit or escrow issued by or with an approved institution and in an amount equal to at least one hundred ten percent of the estimated total cost of completion. Any failure to comply with a written plan submitted pursuant to this section shall be a basis for revocation of any conditional certificate issued pursuant to such plan and/or the imposition of penalties provided in this chapter on or with respect to any unit(s) and/or common areas not in compliance.
3. The director may extend any deadline and allow additional time for compliance for good cause shown. Any such extension must be in writing and shall not be deemed a waiver or estoppel by or against the village. In the event an extension is allowed, any security provided shall be appropriately modified as a condition precedent.
E. A developer shall be required to provide a prospective purchaser with a copy of any code inspection report, certificate of code compliance, partial certificate of code compliance, or conditional certificate of code compliance prior to the closing of a condominium unit sales contract. All condominium sales contracts shall contain the following provision:
The River Forest Condominium ordinance requires that the condominium property and your unit be inspected for conformity with Village Codes. It also requires that the person contracting to purchase have the opportunity to review the code inspection report and the applicable code certificate issued by the Village.
F. 1. A tenant shall not unreasonably withhold consent to the developer or village to enter the unit in order to comply with or enforce the provisions of this chapter. Except in case of emergency, or unless otherwise provided in the lease, a tenant shall be given at least two days' notice by the developer of intent to enter. Unless the tenant consents, or the lease otherwise provides, a developer shall not undertake construction for conversion of a unit while it is occupied by a tenant, or create any unreasonable disruption of the common areas, including, but not limited to, restricting access thereto, or interfere with the quiet use and enjoyment of the premises.
2. If consent is withheld in violation of this section, the village may seek a warrant from the circuit court for the limited purpose of enforcing this chapter.
G. No revenue stamp, certification, or other approval shall issue if property is submitted to the provisions of the Illinois condominium property act in violation of this chapter. No revenue stamp or certificate shall issue unless all water bills and village liens outstanding with respect to any building, or any part thereof, being developed are paid or adequate surety is provided.
H. 1. That the village has issued a certificate shall not be deemed a finding that the village has in any way passed upon the merits or given approval to the condominium project. It shall be unlawful to make or cause to be made to a prospective purchaser any representation contrary to the foregoing.
2. The following provision shall be reprinted on every certificate issued by the village pursuant to this chapter:
By virtue of the issuance of this certificate, the Village does not guarantee the condition of the subject property, or its suitability or fitness for the purpose for which it is being sold or transferred, and the Village shall not be responsible or liable for any claims arising out of the condition of the property or any defects or deficiencies therein.
(Ord. 3129, 9-12-2005)