(a) No developer of a subdivision, or builder constructing buildings within a subdivision, or person, firm or corporation being the agent of a developer or builder in the sale of lots within a subdivision, shall sell a lot or construct a building without first having posted within a designated sales office or within a temporary construction office of such builder or developer the following:
(1) A copy of the final plat of the subdivision which has been approved for recording purposes only by the Planning Commission, Council and other required administrative officials of the City;
(2) A topographical map clearly showing thereon grades, elevations, easements, open ditches, swales, creeks, walkways and any other land characteristics of the subdivision that may be of concern to a prospective purchaser;
(3) A copy of all declarations of covenants and deed restrictions which have been recorded with the Cuyahoga County Recorder and which run with the land;
(4) A copy of any homeowners' association code of regulations, by-laws, charter, rules and regulations, if any, which may be applicable to the homeowners within the subdivision; and
(5) A statement for each lot to be sold specifying the type and amount of charge or charges to be paid to the City by any prospective buyer, or agent for the prospective buyer, for any sanitary fee or other charge respectively, before a building permit can be issued for construction on each lot.
(6) Identification, location and description of U.S. mail receptacles to be installed for the deposit or receipt of mail.
(b) Every developer of a subdivision, or builder constructing buildings within a subdivision, or person, firm or corporation being the agent of a developer or builder in the sale of lots within a subdivision, shall require that all prospective purchasers of lots and/or buildings within the subdivision execute and sign a certificate stating therein that such prospective purchaser has been shown and has reviewed all of the plats, plans and documents specified in subsection (a) hereof and has received a copy of the documents specified in subsection (a)(3) and (4), before entering into an agreement for the sale of a lot or building in the subdivision. Such certificate(s) shall be filed with the Building Commissioner as follows:
(1) If the developer or builder has entered into an agreement for the sale of a lot prior to the issuance of a building permit for a structure on such lot, then the certificate shall be filed prior to the issuance of such building permit; or
(2) If the developer or builder has entered into an agreement for the sale of a lot after the issuance of a building permit for a structure on such lot, then the certificate shall be filed prior to the issuance of any certificate of occupancy for the premises.
(Ord. 2003-68. Passed 7-7-03.)
(Ord. 2003-68. Passed 7-7-03.)