a. Notice requirements.
1. A declarant of a conversion condominium shall give each of the tenants in possession of units subject to this ordinance notice of intent to convert no less than two hundred ten (210) days prior to requiring the tenants to vacate, at least one hundred twenty (120) days of which must elapse before the recording of the condominium instruments with the Lake County Recorder. This notice shall be concurrently filed with the Town as provided in Section 7-102 'a'.
2. The notice of intent must set forth the rights of tenants under this ordinance and must include a copy of this ordinance as an attachment. Such notice shall be hand delivered or sent by certified mail.
3. No tenant may be required by the declarant to vacate upon less than two hundred ten (210) days notice, except by reason of nonpayment of rent, conduct that disturbs other tenants' peaceful enjoyment of the premises, or other substantial violations of the terms of the rental agreement. The terms of tenancy may not be altered during that period.
4. Nothing in this section permits termination of a lease by a declarant in violation of its terms.
5. Any tenant under a lease entered into subsequent to the effective date of this ordinance who receives a notice of intent to convert shall at any time after receipt of the notice have the right to terminate the lease with sixty (60) days written notice to the landlord, which sixty (60) days shall start to run from the date that the next rental payment is due. Such termination shall be without penalty or other termination charge to the tenant. By delivering the notice of termination to the landlord, the tenant waives the right to purchase the unit under Section 7-104 'b'.
6. Where an existing tenant's lease has expired and not been renewed, at the landlord's behest, and within ninety (90) days of the last effective day of said lease a notice of intent to convert has been served on any tenant in that building, the most recent tenant whose lease expired shall have the same rights of purchase and of relocation as if he were still a tenant of that unit. This section does not apply to termination of leases for violations of their terms or default by the tenant.
7. Those tenants under a lease entered into subsequent to the effective date of this ordinance who within thirty (30) days of signing of a lease, whether or not they have moved into the unit, receive notice of intent to convert shall have fifteen (15) days from receipt of that notice to serve an immediate fifteen (15) day notice of their intent to vacate, or not to honor said lease. There shall be no penalties assessed against tenants who void their lease pursuant to this section.
Failure of said tenant to utilize this fifteen (15) day notice right is not a waiver of his rights to give a sixty (60) day notice as set forth in Section 7-104 'a' '5' above.
8. Failure of a declarant to give notice as required by the above section is a defense to an action for possession, unless the tenant knowingly avoids receiving or delivery of said notice of intent.
b. Tenant's right to purchase - During the one hundred twenty (120) day period following the delivery to tenants of the notice of intent, or until thirty (30) days after the condominium instruments have been filed with the Town, whichever is longer, the declarant shall offer the tenant his unit. This offer shall be held open until tenant's acceptance or refusal, but in no event longer than the expiration of either the one hundred twenty (120) period or the thirty (30) days after filing of the condominium instruments, whichever is longer. Inaction by the tenant after the expiration of the one hundred twenty (120) days or thirty (30) days shall constitute a waiver of his right of first purchase. Said offer shall be either a first-time offer to the tenant when a bonafide offer has been submitted for that unit by a third party. Under either procedure, the tenant shall have thirty (30) days to execute his own contract for the unit from the date of receipt of the offer or right of first refusal. If a tenant foils to execute a contract during that period, the declarant may not offer to sell that unit during the following one hundred eighty (180) days at a price or on terms more favorable to the prospective purchaser than the price or terms offered to the tenant without first making same offer to the tenant, who shall have no less than fifteen (15) days within which to accept the offer.
c. Relocation assistance - Within fourteen (14) days after receiving a receipted bill for costs of relocation, the declarant must pay actual moving expenses to a maximum amount of three hundred dollars ($300.00) or one months' rent, whichever is higher, for any tenant of record.
d. Access.
1. The tenant in a conversion condominium shall not unreasonably withhold consent to the declarant to enter the unit t in order to inspect the premises, make necessary or agreed repairs, supply necessary or agreed services, or show the unit to prospective or actual workmen or purchasers in accordance with subparagraph *2* below. The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency, or unless it is impracticable to do so, the landlord shall give the tenant at least two (2) days notice of his intent and may enter only at reasonable times.
2. An occupied unit which is offered for initial sale can be shown to a prospective purchaser only during the last (90) days of the notice period or tenancy, whichever terminates at a later date.
3. The declarant shall not undertake remodeling for conversion of a unit while it is occupied by a tenant, nor create any unreasonable disruption of the common areas, including but not limited to restricting access thereto, nor interfere with the quiet use and enjoyment of the premises, nor abuse the right of access or use it to harass the tenant.
(Ord. No. 887, § 7, 5-12-82)