CHAPTER 13
CONDOMINIUM CONVERSION
CONDOMINIUM CONVERSION
SECTION:
9-13-1: Conversion Of Existing Structure To Horizontal Property Regime (Condominium)
9-13-2: Filing Of "As Built" Plans
9-13-3: Compliance With City Building Code Requirements
9-13-4: Inspection Of Structure
9-13-5: Issuance Of Certificate Of Compliance Or Noncompliance
9-13-6: Failure To Comply With Conversion Requirements
9-13-7: Violation; Penalty
When all of the owners of real property or all of the lessees under a lease of real property desire to submit a parcel of real property located in the city, upon which an existing building or structure is located, to the horizontal property regime established by Iowa Code chapter 499B, the declarant shall file the declaration of the horizontal property regime with the city building official of the city of Waterloo at least sixty (60) days before the declaration is recorded in the office of the Black Hawk County recorder, to enable the city to establish that the existing building or structure meets the applicable building code requirements of the city, as specified in Iowa Code section 499B.20 and as described in this chapter. (Ord. 5092, 2-13-2012)
In compliance with all requirements of Iowa Code chapter 499B and this chapter, the declarant shall submit to the city building official at the time of filing of the declaration a full and exact copy of "as built" plans of the existing structure in sufficient detail to allow the city building official to determine whether the existing structure meets the building code requirements of the city which are in effect as of the date of the proposed conversion of the existing structure to the horizontal property regime, together with the applicable condominium conversion fee, in such amount as shall be established from time to time by resolution of the city council. (Ord. 5092, 2-13-2012)
In order to satisfy the requirements of this chapter, the existing building or structure which is to be submitted to the horizontal property regime must meet all city building code requirements which are in effect as of the date of filing of the declaration with the city building official. (Ord. 5092, 2-13-2012)
Upon the filing of such a declaration with the city building official, the city building official or designee shall promptly conduct all necessary site and building inspections to determine whether the existing structure meets all city building code requirements described in this chapter. (Ord. 5092, 2-13-2012)
Within sixty (60) days of the date of filing of such declaration with the city building official, the city building official shall either:
A. Issue to the declarant a certificate of compliance of the existing structure, if the existing structure meets all city building code requirements described in this chapter; or
B. Issue to the declarant a certificate of noncompliance of the existing structure, stating with specificity wherein the existing structure does not meet the city building code requirements described in this chapter. (Ord. 5092, 2-13-2012)
Upon determining that a declarant has filed a declaration with the county recorder without first having received from the building official a certificate of compliance as provided in this chapter, the building official shall issue a notice of noncompliance to the declarant. The declarant will have sixty (60) days from the date of issuance of said notice in which to comply with the requirements of this chapter. If a certificate of compliance is not secured within the sixty (60) day period, the building official shall record a notice of noncompliance in the office of the Black Hawk County recorder. (Ord. 5092, 2-13-2012)
Any person who violates the requirements of this chapter shall be guilty of a municipal infraction, subject to prosecution and penalty in accordance with section 1-3-2 of this code. (Ord. 5092, 2-13-2012)