(a) No person, agent, firm or corporation shall, in a bona fide sale for a good and valid consideration, transfer or convey any interest in a dwelling structure, commercial building structure or condominium unit, other building or structure, land upon which such building or structure is located, without first providing the purchaser or prospective purchaser with a Certificate. In the case of a condominium unit, a copy of the certificate issued to the condominium association and the unit owner must be provided to the purchaser or prospective purchaser; said certificate shall have been issued within the past two years.
(Ord. 1996-181. Passed 3-18-97.)
(b) The seller 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 the certificate was given to the purchaser.
(c) If, under the terms of contract of sale, the seller 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 951.03 or a written statement agreed upon by the seller and the purchaser filed with the escrow agent and setting forth an agreed sum of money, which amount shall not be less than one and one-half times the cost of correcting those specific violations listed on the certificate of inspection and which remain uncorrected and for which the seller is primarily responsible.
(d) If, under the terms of the contract of sale, the purchaser's obligation for correction of violation listed on the certificate of inspection is limited to the contribution of a specifically stated dollar amount, or is 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 951.03(a), if, in fact, all such violations have been corrected, or a compliance document described in Section 951.03(b), together with a written statement agreed upon by seller and purchaser filed with the escrow agent and setting forth an agreed sum of money, which amount shall not be less than one and one-half times the cost of correcting the violations cited on the certificate of inspection which remain uncorrected and for which the seller is primarily responsible.
(e) 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 obligation is 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 the 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 certificate. 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 such agreement may have attached thereto a compliance document described in Section 951.03(b) evidencing seller's correction of those violations for which he is responsible, and/or an agreed sum of money, which amount shall not be less than one and one-half times the cost of correcting those violations remaining uncorrected for which the seller is primarily responsible.
(Ord. 1991-66. Passed 5-7-91.)
(f) This chapter 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 relating to sidewalks and lateral sewers. Nothing contained in this chapter shall be construed as limiting the City, at any time, from proceeding against the owner of property as defined in the Codified Ordinances, the Regional Building Code or the Building Code, of the City.
(g) This chapter shall not apply to the individual transfer of property through inheritance or gift where no bona fide sale is intended or completed. However, in the event that the building or structure or land upon which such building or structure is located is sold at Sheriff's sale or other court-ordered auction, and no certificate of inspection has been issued within one year prior to such sale, the purchaser shall apply in writing to the inspector of the Department of Public Service within thirty days after the date of sale for an inspection of the property. The method, application, inspection and corrections of violations shall be as set forth in this chapter, with the purchaser accepting responsibility for correction of all Code violations relating to sidewalks and lateral sewers within ninety days of the issuance of the certificate of inspection.
(Ord. 1989-89. Passed 7-11-89.)