(a) No person shall transfer or convey any interest in a structure without first providing the purchaser or prospective purchaser with a current point of sale certificate or an exact copy thereof as provided in this chapter. (Ord. 95-28. Passed 7-5-95.)
(b) The seller shall deposit in escrow a statement signed by the purchaser acknowledging receipt of the point of sale certificate, and such signed statement shall list thereon the date the certificate was given to the purchaser.
(c) If, under the terms of a contract of sale, the seller is obligated to correct all violations listed on the point of sale certificate, the seller shall deposit in escrow, before transfer of title to the purchaser, either the point of sale certificate described in Section 1355.03 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 that is sufficient to cover the costs of correcting those specific violations listed on the point of sale certificate which remain uncorrected.
(d) If, under the terms of the contract of sale, the purchaser's obligation for correction of violations listed on the point of sale certificate is limited to the contribution of a specifically stated dollar amount, or is limited to the purchaser's obligation to correct specific, but not all, violations, then the seller shall deposit in escrow either a compliance document described in Section 1355.03(a), if, in fact, all such violations have been corrected, or a compliance document described in Section 1355.03(b), together with a written statement agreed upon by the seller and purchaser, filed with the escrow agent, setting forth an agreed sum of money that is sufficient to cover the costs of correcting the violations cited on the point of sale certificate which remain uncorrected and for which the seller is 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 the payment of a stated sum of money or to the 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 point of sale certificate has been exhibited to the purchaser, as to their respective obligations for correction of the remaining uncorrected violations listed on such point of sale certificate. The seller and purchaser shall thereafter deposit in escrow, before transfer of title to the purchaser, their written agreement as to each party's responsibility for the correction of violations listed on the point of sale certificate remaining uncorrected, and such agreement may have attached thereto a compliance document described in Section 1355.03(b) evidencing the seller's correction of those violations for which he or 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.
(f) This chapter sets forth requirements and procedures applicable to relationships between the seller and purchaser at the time of the sale of real estate as to code violations relating to sidewalks and lateral sewers and any Codified Ordinance violations included within the point of sale certificate. Nothing contained in this chapter shall be construed to limit 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 these Codified Ordinances.
(g) This chapter shall apply to the individual transfer of property through inheritance or gift. If the building or structure or land upon which such building or structure is located is sold at a sheriff's sale or other court-ordered auction, and no point of sale certificate has been issued within two years prior to such sale, the purchaser or grantee shall apply in writing to the Building Inspector within thirty days after the date of such sale, certificate of transfer, or gift for an inspection of the property. The method, application, inspection and correction of violations shall be as set forth in this chapter, with the purchaser, heir or grantee accepting responsibility for the correction of all code violations relating to sidewalks and all sewers within ninety days of the issuance of the point of sale certificate.
(Ord. 90-48. Passed 5-21-91; Ord. 2016-35. Passed 6-21-16.)