(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 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 shall deposit in escrow a statement signed by the purchaser acknowledging receipt of the Certificate of Inspection, and such signed statement will list thereon the date the Certificate was given to the purchaser.
(c) If, under the terms of the 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 1311.03, 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 Certificate of Inspection which remain uncorrected.
(d) If, under the terms of the contract of sale, 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 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 1311.03(a), if, in fact, all such violations have been corrected, or a compliance document described in Section 1311.03(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 listed on the Certificate of Inspection 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) above, 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) immediately above, 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 1311.03(b) evidencing seller's correction of those violations for which he 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) Sections 1311.01
through 1311.07
of this chapter set forth requirements and procedures applicable to relationships between the seller and purchaser at the time of sale of real estate, as to Code violations. Nothing contained in such sections shall be construed as limiting the Village, at any time, from proceeding against the owner of property to require correction of Code violations.
(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.
(Ord. 1991-07. Passed 4-17-91.)