(a) For the purpose of this section certain words and terms are herewith defined as follows:
(1) "Owner" means any person, co-partnership or corporation having a legal or equitable title or any interest in a multiple dwelling.
(2) "Dwelling" means any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.
(3) "Multiple dwelling" means any dwelling containing more than two dwelling units.
(4) "Sale" means the transfer from one owner to another owner of a legal or equitable title or any interest in a multiple dwelling unit. (1952 Code § 17-6-108)
(b) In any sale of a multiple dwelling unit it shall be conclusively presumed, in any action in law or equity instituted by the purchaser against an owner, that the owner at the time of such sale represented and warranted to the purchaser that such property was being used in compliance with the then existing zoning laws of the City and that there were no pending health orders against the property issued by the Department of Health or the Department of Environmental Services. This presumption shall not apply when the owner by written instrument represents to the purchaser that the present use of the property is in violation of the then existing zoning laws of the City and that there are health orders issued against the property by the Department of Health or the Department of Environmental Services.
(Ord. 124-15. Passed 3-31-15.)