(A) Inspection Stamp Requirement Upon Real Estate Transfer:
1. Compliance: No owner, agent, or person in charge of a dwelling or a structure used as a dwelling shall sell, convey, quit claim, trade, or otherwise transfer same unless said dwelling or structure shall have been inspected and determined to be in compliance with all of the provisions of the Real Estate Transfer Inspection Code, as evidenced by an inspection stamp issued by the Building Commissioner.
2. Title Insurance Reports: The requirement of inspection, obtaining the inspection stamp, and payment of inspection fees shall be mandatory on all transfers of ownership of or beneficial interest in all dwellings and structures within the Village. This requirement shall further be 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 stamp. Copies of this Chapter shall be sent to all title insurance companies with notice that the mandatory inspection and inspection stamp is required on any transfer of ownership of real estate in the Village.
3. Application For Inspection Stamp: Any person owning real estate located within the Village shall, at the time of offering the real estate for sale or transfer, but 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, file for an application for an inspection stamp with the Building Department. In addition to the completed transfer stamp application, the following items shall be submitted with the application or delivered prior to the issuance of the applied for transfer stamp:
(a) A completed and signed New Property Owner Form of the grantee; and
(b) A copy of the deed, assignment, or other instrument of conveyance or transfer involved in the subject transaction, the names of the grantor and grantee, and a legal description, permanent index number(s), and common address of the property to which it relates; and
(c) A signed copy of the real estate transfer declaration filed pursuant to Section 31-25 of the Real Estate Transfer Tax Law, 35 ILCS 200/31-25; and
(d) A Plat of Survey, except where the real estate is a condominium, shall be provided by the applicant to the village that conforms to the current Minimum Standard of Practice for boundary surveys, is dated not more than six (6) months prior to the date of Closing, and is prepared by a professional land surveyor licensed to practice land surveying under the laws of the State of Illinois. The Plat of Survey shall show visible evidence of improvements, rights of way, easements, use and measurements of all parcel lines. The Plat of Survey shall include the following statement placed near the professional land surveyor's seal and signature: "This professional service conforms to the current Illinois Minimum Standards for a boundary survey."
4. Appointed Time Of Inspection: Upon request of the owner, agent or other persons authorized to sell a dwelling or a structure used as a dwelling (hereinafter referred to as "applicant"), the Building Commissioner or his or her designee will be available at an appointed time within ten (10) working days agreed upon by Building Department and the applicant, or later if applicant requests, 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 applicant delivers the application to the Building Department, during regular business hours.
5. Issuance: If such inspection establishes that the dwelling or the structure used as a dwelling complies with the provisions of the Real Estate Transfer Code and all required submittals have been received by the Building Department. then the Building Commissioner or his or her designee shall issue an inspection transfer stamp for said dwelling which shall be affixed upon the original deed or document of transfer before recording. The transfer inspection stamp shall be provided to the applicant and attached to a copy of the inspection report for the property. The inspection stamp shall indicate the date of inspection; and that such dwelling complies with the requirements of the Real Estate Transfer Ordinance. The inspection stamp shall be affixed upon the original deed or document of transfer. A record of all inspection stamps shall be kept on file in the office of the Building Department and copies shall be furnished, upon request, to any person having an interest or tenancy interest in the dwelling affected.
6. Inspection Report: Said inspection shall be governed by the inspection report currently approved by the Building Commissioner and on file in the Village Clerk's office.
(B) Fees: All inspection and re-inspection fees shall be in accordance with the current fee schedule of the Village, and all re-inspection fees shall be payable prior to any reinspection. No inspection stamp shall be issued without payment first of all inspection and re-inspection fees being received by the Village.
(C) Inspection Stamp Requirement for Condominiums - Inspection Code and Stamp:
1. Compliance: No owner, agent, or person in charge of a condominium dwelling or a structure used as a condominium dwelling shall sell, convey, quit claim, trade, or otherwise transfer same unless said dwelling or structure shall have been inspected and determined to be in compliance with all of the provisions of the real estate transfer inspection code, as evidenced by an inspection stamp issued by the Building Commissioner.
2. Fees: For condominium dwellings, there will be a fee of one-hundred twenty-five ($125.00). There shall be a fee of one-hundred dollars ($100.00) charged each additional reinspection thereof, payable prior to any reinspection. No inspection stamp shall be issued without payment first being received by the Village.
3. Required Documents before Issuance of A Transfer Inspection Stamp for Condominium.
(a) A copy of the deed, assignment, or other instrument of conveyance or transfer involved in the subject transaction, the names of the grantor and grantee, and a legal description, permanent index number(s), and common address of the property to which it relates; and
(b) A signed copy of the real estate transfer declaration filed pursuant to Section 31-25 of the Real Estate Transfer Tax Law, 35 ILCS 200/31-25;
(c) Appointed Time of Inspection: Upon request of the owner, agent or other persons authorized to sell a dwelling or a structure used as a dwelling (hereinafter referred to as "applicant"), the Building Commissioner or his or her designee will be available at an appointed time within ten (10) working days agreed upon by Building Department and the applicant, or later if applicant requests, 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 applicant delivers the application to the Building Department, during regular business hours.
(d) Issuance: If such inspection establishes that the condominium dwelling complies with the provisions of the Real Estate Transfer Code and all required submittals have been received by the Building Department, then the Building Commissioner or his or her designee shall issue an inspection transfer stamp for said dwelling which shall be affixed upon the original deed or document of transfer before recording. The transfer inspection stamp shall be provided to the applicant and attached to a copy of the inspection report for the property. The inspection stamp shall indicate the date of inspection; and that such dwelling complies with the requirements of the Real Estate Transfer Ordinance. The inspection stamp shall be affixed upon the original deed or document of transfer. A record of all inspection stamps shall be kept on file in the office of the Building Department and copies shall be furnished, upon request, to any person having an interest or tenancy interest in the dwelling affected.
(Ord. 1997-06, 8-7-1997, eff. 10-1-1997; amd. Ord. 1997-15, 11-6-1997; Ord. 1998-01, 1-8-1998; Ord. 2024-16, 6-17-2024)