(a) The owner or an agent representing the owner shall make application for the Certificate of Inspection using forms prescribed by the Building Commissioner and pay the required nonrefundable application fee. The application shall require an affidavit of identification and authority of such owner, or agent or representative. Said affidavit shall be affixed or attached to and considered to be a part of the application. The affidavit must be on a form prescribed by the Building Commissioner. No further action may be taken until the completed application and the application fee, are submitted to the Building Department. The Commissioner shall inform the applicant that he/she has a constitutional right to refuse entry by the City Inspector without a search warrant. If the applicant shall consent to the inspection, the parties shall then agree to a time during the working hours of the Building Department, or at some other mutually agreeable time when the inspection is to be made. If the applicant refuses to consent to the inspection, the Commissioner shall procure a search warrant as provided by law to gain entry. If, after reasonable efforts, the Commissioner is unable to obtain either the consent of the owner or the owner's agent or a search warrant, then the inspection shall proceed as to all aspects of the dwelling structure, dwelling or dwelling unit that can be inspected without gaining entry.
(b) The following schedule for issuing a certificate of inspection shall be followed, except where a longer period is required because of the larger number of units in a building or other cause beyond the control of the City.
(1) Within ten (10) working days after receipt of application and required fee, the Commissioner shall cause an inspection of the designated property to be made after authorization by the owner or representative. If the owner fails to provide access for the inspection within ten (10) working days, the owner shall have sixty (60) days to reschedule the inspection. If no inspection is rescheduled by the owner within that time period, the application shall become void and the owner shall be required to file a new application and pay an additional fee.
(2) The Building Commissioner shall then issue a certificate of inspection within five (5) working days after gaining access to the subject property containing the following information.
A. The street address, permanent parcel number or other characteristics to identify the location of the dwelling structure, dwelling or dwelling unit;
B. The name and address of the owner, and telephone number where such person can be reached during normal working hours;
C. The name of the prospective buyer and phone number where such person can be reached during normal working hours;
D. The authorized use and occupancy of the dwelling or structure;
E. The current listing of water and sewer charges due against the property, the date of the last billing, and a statement contained therein that the purchaser of such property shall be responsible for any unpaid water and sewer charges existing as of the date of transfer; and
F. The listing of violations of the Codified Ordinances of the City existing at the time of such inspection; and
G. If the Commissioner was unable to obtain either the consent of the owner or the owner's agent to enter the dwelling structure, dwelling or dwelling unit, or a search warrant, the certification of inspection shall so state. The owner or agent shall provide a copy of the certificate of inspection to any potential purchaser of the property.
(c) The date the certificate of inspection is issued shall not be less than thirty (30) days prior to any transfer of any interest in the property, unless the Building Commissioner approves a shorter period of time.
(d) The certificate of inspection shall contain the order of the Building Commissioner for the corrections of any Code violations noted on the certificate, except in a case of danger to the public health or safety, to be corrected by the owner of the property within sixty (60) days of the issuance of the certificate unless, for good cause, the Building Commissioner has extended that time for compliance. If the owner of a property does not correct the violations enumerated in the certificate of inspection prior to the time the title is transferred to the purchaser, then the purchaser of that property shall be required to correct the violations contained in the certificate of inspection within the time allotted in the notice given to the prior owner or within the extended time permitted by the Building Commissioner.
(e) The certificate of inspection shall be valid for one (1) year from the date of issuance.
(f) In case of a resale of the same property within one (1) year period, the certificate of inspection shall be transferred to any subsequent bona fide purchaser and shall remain valid for the remainder of that period.
(g) No property shall be transferred more than twice under the same certificate of inspection. Any additional transfers shall require a new Point of Sale application, inspection, and certificate.
(Ord. 2023-048. Passed 4-18-23.)