(a) No person, agent, firm or cooperation shall, in a bona fide sale for a good and valid consideration, transfer or convey title or any interest in a dwelling structure, commercial building structure or other building, or land upon which such buildings are located, without first providing the purchaser or prospective purchaser with a current certificate of inspection or an exact copy thereof as provided in this chapter.
(b) The seller or transferor shall deposit in escrow a statement signed by the purchaser acknowledging receipt of the certificate of inspection, and such signed statement shall list thereon the date that the certificate was given to the purchaser.
(c) Before any transfer of title of any dwelling structure, dwelling or dwelling unit that have violations listed on a certificate of inspection, the party assuming the responsibility for the violations must place with an escrow agent a sum of money equal to one and a half (1- 1/2) times the estimated cost to correct the violations and to be held until all violations have been corrected.
(d) If the seller, under the terms of the contract, is obligated to correct all violations listed on the certificate of inspection, the seller shall deposit in escrow before transfer of title to the purchaser either a compliance document described in Section 1374.04 and/or a written statement agreed upon by the seller and the purchaser filed with the escrow agent setting forth an agreed sum of money, not less than one and a half times (1-1/2) the estimated cost of repairs, that is sufficient to cover the cost of those specific violations listed on the certificate of inspection which remain uncorrected.
(e) If, under the terms of the contract of sales, the purchaser's obligation for correction of violations listed on the certificate of inspection is limited to contribution of a specifically stated dollar amount, or limited to purchaser's obligation to correct specific, but not all, Code violations, then the seller shall deposit in escrow either a compliance document described in Section 1374.04(a), if, in fact, all such violations have been corrected, or a compliance document described in Section 1374.04(b), together with a written statement agreed upon by seller and purchaser filed with the escrow agent setting forth an agreed sum of money, not less than one and a half (1-1/2) times the estimated cost, that is sufficient to cover the cost of correcting the violations listed on the certificate of inspection which remain uncorrected and for which the seller is responsible.
(f) If, under the terms of the contract of sale, the seller has either not agreed to correct all violations as provided in subsection (c) hereof, or the purchaser's obligations are not limited to payment of a stated sum of money, or to correction of specific violations as provided in subsection (d) hereof, then the contract of sale between the seller and purchaser shall be conditional upon the seller and purchaser agreeing in writing after the certificate of inspection has been exhibited to the purchaser, as to their respective obligations for correction of the remaining uncorrected violations listed on such certificated. The seller and purchaser shall thereafter deposit in escrow, before transfer of title to purchaser, their written agreement as to each party's respective responsibility for correction of violations listed on the certificate of inspection remaining uncorrected, and as such agreement may have attached thereto a compliance document described in Section 1374.04(b) evidencing seller's correction of those violations for which he/she is responsible, and/or an agreed sum of money that is sufficient to cover the cost of correcting those violations remaining uncorrected for which the seller is responsible.
(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, in order to inspect the interior of the dwelling structure, dwelling or dwelling unit, the contract of sale between the seller and purchaser shall so state.
(h) The contents of this chapter shall not be construed as limiting the City, at any time, from proceeding against the owner of property to require correction of Code violations, as the owner of property is defined in the Codified Ordinances. The information herein sets forth requirements and procedures applicable to relationships between the seller and purchaser at the time of sale of real estate, as to Code violations.
(Ord. 2021-106. Passed 6-15-21.)