(a) An application for a point of sale certificate required by this chapter shall be made by the owner or an agent of the owner upon forms provided by the Building Inspector. The Building Inspector shall inform the applicant that he or she has a constitutional right to refuse entry by City inspectors without a search warrant.
If the applicant consents to the inspection, the parties shall then agree to a time during the working hours of the Division of Building Engineering and Inspection, or at some other mutually agreeable time, when the inspection is to be made.
If the applicant refuses to consent to the inspection, the Building Inspector shall procure a search warrant as provided by law to gain entry.
(Ord. 90-48. Passed 5-21-91.)
(b) The following schedule for issuing a point of sale certificate shall be followed, except where a longer period is required because of a large number of units in a building or structure or because of other causes beyond the control of the City:
(1) Within five working days after receipt of the application and required fee, the Building Inspector shall cause an inspection of the designated property to be made.
(2) The Building Inspector shall issue a point of sale certificate, which certificate shall contain the following information:
A. The street address, permanent parcel number or other identifying characteristics of the property;
B. The name and address of the owner;
C. The authorized use and occupancy of the building or structure; and
D. An inspection report concerning the condition of the sidewalks and the lateral sewers, and a statement that smoke detectors and carbon monoxide detectors are properly installed and maintained on the property where required by ordinance. In addition, the Building Inspector shall identify within the inspection report any existing violations under the Codified Ordinances of the City of Willowick.
(3) Except in the case of danger to the public health or safety, the point of sale certificate shall contain the order of the Building Inspector for the correction of any code violations noted on the certificate, which violations shall be corrected by the owner of the property within ninety days of the issuance of the certificate unless, for good cause shown, the Building Inspector has extended the time for compliance. If such owner does not correct the violations enumerated in the point of sale certificate prior to the time the title is transferred to the purchaser, then the purchaser of such property shall be required to correct the violations contained in the point of sale certificate within the time allotted in the notice given to the prior owner as such time may be extended by the Building Inspector. In the event that the seller of the property obtains an estimate from a duly qualified contractor currently registered with the City, places the appropriate funds in escrow as required by other provisions of this chapter, and the seller then fails to authorize the repairs to be made within ninety days, the City is authorized to direct the contractor, or any other registered contractor to proceed with the necessary repairs, and shall so notify the escrow agent.
(4) The lateral sewers test shall be valid for a period of two years from the date of the test, unless the City Engineer authorizes a longer period based on the record of repairs for said lateral sewers and based on sound engineering principles, except for those structures governed under Section 921.11(e) of these Codified Ordinances, which shall be governed by said section.
(5) In the case of resale within the two-year period, such certificate shall be transferred to any subsequent bona fide purchaser and shall be valid for the remainder of the period set forth in paragraph (b)(4) hereof.
(6) Upon the filing of an application for a point of sale certificate, a copy of the application shall be given to the City's Tax Administrator. The Tax Administrator shall search his records to determine if the owner is in compliance with Chapter 193 of these Codified Ordinances. No point of sale certificate shall be issued until such time as the Tax Administrator has certified that there as compliance or that an agreement has been reached whereby the owner will comply.
(Ord. 93-14. Passed 4-20-93; Ord. 94-26. Passed fi-7-94; Ord. 95-26. Passed 6-20-95; Ord. 95-28. Passed 7-5-95; Ord. 95-36. Passed 10-17-95; Ord. 96-12. Passed 2-20-96; Ord. 2008-22. Passed 5-6-08; Ord. 2016-35. Passed 6-21-16.)
(c) It is a violation of this chapter if, after inspection, a seller or buyer removes from the property any equipment required under this Building Code or under the Fire Prevention Code, including, but not limited to, smoke and/or carbon monoxide detectors, whether or not said equipment is permanently affixed to the property.
(Ord. 97-21. Passed 4-15-97.)