(A) Certificate Of Occupancy:
1. A certificate of occupancy shall be issued by the Village Manager on completion of the construction or alteration work of a building; provided said work complies with the provisions of this chapter. The certificate shall certify to such compliance and set forth the purpose for which the building may be used in its several parts with any special stipulation of the permit with respect to said use. Copies of said certificate shall be furnished on request to the owner, his or her agent or to tenants of the building.
2. The following fees shall be paid in advance at the time other permit fees are paid pursuant to section 4-1-4 of this chapter for the issuance of a certificate of occupancy:
Single-family residential | $200.00 |
Multi-family residential | 150.00 per unit |
Commercial/office | 150.00 |
(B) Certificate Of Compliance:
1. The ownership of or beneficial interest in any structure or building or dwelling unit in the Village shall not be sold or transferred, with or without consideration, unless the seller furnishes the buyer, at closing, with a certificate of compliance issued by the Village Manager or his or her designee, and based upon an inspection of said structure, building or dwelling unit made within thirty (30) days of the date of closing; provided, however, that no certificate of compliance is required for the exempt transfers detailed in subsection (B)6 of this section. The certificate of compliance must state that the structure, building or dwelling unit complies with all applicable zoning regulations of the Village, that a final water bill has been paid to the Village, pursuant to a final water meter reading requested by the seller, not later than three (3) days prior to the date of closing, and that all outstanding liens of the Village placed on record upon the property in question have been paid to the Village.
2. The fee for an exempt stamp, or inspection fee for such inspection, made at the request of any buyer, seller or real estate broker, shall be the following rate schedule, payable in advance at the time of the request:
Single-family residence | $325.00 |
Duplexes | 325.00 |
Multiple-family | $325.00 plus $25.00 for each unit over 2 |
Office/residence building | $325.00 plus $25.00 for each unit over 2 |
Commercial building | $500.00 |
Exempt transfers | 25.00 |
For reinspection within a six (6) month period, an additional fee of one hundred dollars ($100.00) shall be charged.
The seller shall furnish to the Village, for inspection purposes, a current survey of the property, dated not more than six (6) months prior to the application for the certificate herein, or the plat documents attached to a declaration of condominium.
3. Where no consent has been given to enter or inspect any property, no entry or inspection shall be made without first obtaining a warrant from the Circuit Court of Cook County. 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 issue:
(a) Eyewitness account of violation.
(b) Citizen complaints.
(c) Tenant complaints.
(d) Plain view violations.
(e) Violations apparent from Village records.
(f) Nature of alleged violation.
(g) Documented violations of similar properties in the area.
(h) Passage of time since last inspection.
(i) Previous violations on the property.
Cause for issuance of a warrant shall be deemed to exist in light of reasonable legislative and administrative standards which show that there is reason to believe that a condition of nonconformity exists with respect to a particular property in violation of a Village Zoning Ordinance provision.
4. No certificate of compliance shall be issued until all outstanding debts due from, on or related to the property in question to the Village, including but not limited to all liens and outstanding water and sewer charges, have been paid in full or have otherwise been waived or satisfied by operation of law or otherwise, and until any zoning violations found to exist on the property are eliminated, or some arrangement is made, acceptable to the Village, between the buyer and/or seller for the elimination of such violation upon the sale or transfer of the property.
5. By virtue of the issuance of a certificate of compliance herein, 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, other than its compliance with the provisions of the Riverside Zoning Ordinance.
6. For purposes of this section, the following types of transfers are exempt from the certificate of compliance requirement and its related inspection:
(a) Transfers to a trust by a beneficiary, or from a trust to a beneficiary;
(b) Transfers in which the deed, assignment or other instrument of transfer secures debt or other obligations;
(c) Transfers in which the deed assignment or other instrument of transfer releases property which secures debt or other obligations;
(d) Transfers in which the deed is a deed of partition, or other transfers of a partial interest between current owners of a property;
(e) Transactions in which the deed, without additional consideration, confirms, corrects, modifies or supplements a deed previously recorded;
(f) Transfers in which the deed is a tax deed or is otherwise made pursuant to a court decree;
(g) Transfers in which the deed or other instrument of transfer is issued to the mortgagee or secured creditor pursuant to a mortgage or security interest foreclosure proceeding or sale or pursuant to a transfer in lieu of foreclosure;
(h) Transfers made pursuant to a confirmed plan of reorganization as provided under section 1146(a) of chapter 11 of the U.S. Bankruptcy Code, as amended (11 USC section 1146(a));
(i) Transfers incident to a dissolution of marriage;
(j) Transfers between a subsidiary corporation and its parent or between subsidiary corporations of a common parent either pursuant to a plan of merger or consolidation or pursuant to an agreement providing for the sale of substantially all of the seller's assets; or
(k) Transfers from a subsidiary corporation to its parent for no consideration other than the cancellation or surrender of the subsidiary's stock and transfers from a parent corporation to its subsidiary for no consideration other than the issuance or delivery to the parent of the subsidiary's stock;
(l) Transfers between corporations, partnerships or LLCs where the shareholders, partners, members or managers will remain substantially the same, so long as there are no outstanding liens, fee, payments or penalties due to the Village from the partnership, LLC or corporation in which name title is currently held;
(m) Transfers where the transfer is being made pursuant to will or by intestacy; and
(n) Transfers affected by operation of law or upon delivery or transfer in the following instances:
(1) From a decedent to his or her executor or administrator;
(2) From a minor to his or her guardian or from a guardian to his or her ward upon attaining majority;
(3) From an incompetent to his or her conservator, or similar legal representative, or from a conservator or similar legal representative to a former incompetent upon removal of disability;
(4) From a bank, trust company, financial institution, insurance company, or other similar entity, or nominee, or trustee therefor, to a public officer or commission, or person designated by such officer or commission or by a court, in the taking over of its assets, in whole or in part, under State or Federal law regulating or supervising such institutions, not upon redelivery or retransfer by any such transferee or successor thereto;
(5) From a bankrupt or person in receivership due to insolvency to the trustee in bankruptcy or receiver, from such receiver to such trustee or from such trustee to such receiver, nor upon redelivery or retransfer by any such transferee or successor thereto;
(6) From a transferee under subsections (B)1 to (B)5, inclusive, of this section to his or her successor acting in the same capacity, or from one such successor to another;
(7) From trustees to surviving, substitute, succeeding or additional trustees of the same trust; or
(8) Upon the death of a joint tenant or tenant by the entirety, to the survivor or survivors.
All exempt deeds must be stamped by the Village prior to recording. All of the foregoing exemptions are subject to a submittal to the Village describing the facts supporting the exemption, along with appropriate supporting documentation.
7. Any person who participates in a sale or transfer of any structure, building or dwelling unit in the Village in violation of this section, as seller, buyer, broker or agent, shall be subject to a fine of not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00) for such violation. (Ord. 3011, 12-6-2018)