(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE. Garage, shed, pools, gazebo, pigeon coop, doghouses, playhouses or similar uses.
CERTIFICATE OF APPROVAL. A certificate issued by the Department of Engineering and Building which certifies compliance with the provisions of the codes and ordinances of the city for residential dwellings.
CERTIFICATE OF OCCUPANCY. A certificate issued by the Department of Engineering and Building in accordance with the provisions of Ch. 190 of this code of ordinances for an approved use or occupancy.
DWELLING. A residential structure and accessory uses located in the city. A rental dwelling as defined in Ch. 123 of this code of ordinances which has a current certificate of compliance issued to it is not included in this definition.
PERSON. Any individual, partnership, corporation or other legal entity.
TRANSFER. The sale or conveyance of title to another for consideration, or the execution of a land contract, or the exercise of an option to purchase a dwelling. A conveyance by lease, gift, devise or lien foreclosure are not included in this definition.
(B) Certificate of approval required. It shall be unlawful for any person to transfer a dwelling or for any person to act as a broker for the transfer of a dwelling which does not have a current certificate of approval issued for said dwelling, except as otherwise allowed by this section.
(C) Issuance of a certificate of approval.
(1) The Department of Engineering and Building shall issue a certificate of approval only after it has inspected the dwelling and finds that the dwelling meets the requirements of all of the applicable codes and ordinances of the city. An inspection report shall be completed by the inspector after completing the inspection of the property. The report shall note all violations found in the dwelling. Before a certificate of approval is issued, all violations must be corrected and approved. The inspection report shall be valid for one year from the date of inspection. In lieu of correcting all violations before occupancy, except as outlined in division (E) below, the amount of money estimated to correct said violations may be placed in escrow with the Department of Engineering and Building, as outlined in division (G) below. Upon re-inspection and approval of the correction of all violations, a certificate of approval will be issued and remain valid for a five-year period at which time a new inspection and certificate of approval will be required for the subsequent sale or transfer of the property; provided that, conditions of division (C)(3) below are not applicable. The five-year period shall commence no later than the expiration date of the inspection report or six months from the date of the affidavit assuming correction of the violations, whichever is later.
(2) A residential dwelling which has never been occupied will be issued a certificate of approval upon final inspection of the new construction work. The certificate of approval shall be valid for five years of issuance.
(3) Notwithstanding any other provision of this section, a new inspection and a new certificate of approval shall be required for any transfer or sale if the property becomes vacant, or is the subject of foreclosure proceedings, or is the subject of a police report regarding vandalism, breaking and entering or open structure, or is determined to be a dangerous building by the Engineer in accordance with the city’s Property Maintenance Code.
(D) Disclaimer of liability by city. A certificate of approval is not a warranty or guarantee that there are no defects in the dwelling and the city shall not be held responsible for defects not noted in the inspection report.
(1) This inspection of the land use, exterior posture and interior accessories of the structure is limited to visual inspection only. The city does not guarantee or approve by inference any latent, structural or mechanical defects thereto, or such other items that are not apparent by such visual inspection.
(2) The city shall not assume any liability to any person by reason of the inspections required by this section or the code adopted herein or the issuance of a certificate of approval or a certificate of occupancy.
(E) Dangerous conditions. Should the Department of Engineering and Building, upon inspection, determine that there are conditions which constitute an imminent danger to health and safety, it may order the conditions to be remedied and may limit or prohibit occupancy where appropriate.
(F) Registration and fees. Any person that is going to transfer a dwelling must register with the Department of Engineering and Building for the purpose of setting up an inspection of the dwelling. The fee for the registration and inspection shall be in the amount of $190 for a one-family dwelling and $285 for a two-family dwelling.
(G) Assumption of violations.
(1) The buyer of a residential dwelling may assume the responsibility for correcting the violations noted on the inspection checklist through the following procedure:
(a) There shall be placed in escrow with the Department of Engineering and Building an amount of money approximately equal to that required to complete the repairs; or
(b) The buyer shall execute a notarized affidavit, provided by the Department of Engineering and Building, stating their intent to assume the responsibility of correcting these violations completely within six months of the date of the affidavit, or on or before the inspection report expiration date, whichever is later.
(2) The money held in escrow may not be claimed by the buyer/owner until all violations are corrected and the final inspection of the checklist is approved as complete. However, the Department of Engineering and Building may elect to refund portions of the escrow money to the buyer upon inspections which indicate that a significant portion of the violations noted on the inspection checklist have been corrected; provided, the repairs and inspections are scheduled within the specified period. If all the violations are not corrected and approved within the specified period, occupancy may be prohibited and in addition, any and all costs that the city may incur in overseeing the file for that particular property while enforcing the city ordinance concerning inspection of residential dwellings shall be deducted from the escrow amount, including, but not limited to, any and all costs involved in bringing legal proceedings to enforce the ordinance. An extension beyond the specified period may be granted by the City Engineer in those instances when the weather conditions are such that it would be impractical (as determined by the City Engineer) to bring the property into compliance. A written request for an extension must be submitted to the city prior to the expiration of the specified period setting forth what violations have been corrected to date and what items cannot be corrected due to the weather. If the City Engineer determines that the party making the request has been diligent in correcting the violations and that the weather makes it impractical to complete all repairs, an extension may be granted.
(3) (a) Commencing 1-1-2003 (beginning with the oldest files by date and then proceeding forward), a written notice shall be sent to the last known address to the persons who provided the escrow (and to the buyer of the home if the buyer did not deposit the escrow) if the corrections have not been made within a six-year period of the date of affidavit. The notice shall require the buyer to submit to the Department of Engineering and Building a violation correction schedule within one month of notice. The schedule shall not exceed six months in length and shall include the time necessary to make sure all required permits are obtained to complete the repairs and notify the city to conduct a final inspection.
(b) The notice shall contain a provision that if the buyer does not:
1. Submit a schedule within month to the city setting forth the repair schedule; or
2. Complete all required repairs and arrange a final inspection by the city within six months of the date of the notice, all funds deposited in escrow shall be forfeited to the city.
(c) If the required schedule is not submitted or if the work is not completed within the submitted scheduled time frame, the owner of the property shall be issued a ticket. Nothing in this section prohibits the city from commencing legal proceedings against a violator of this section sooner than the above stated six-year period.
(Prior Code, § 19-5) (Ord. 312, passed 3-25-1963; Ord. 840, passed 3-21-1988; Ord. 921, passed 10-21-1991; Ord. 944, passed 7-20-1992; Ord. 1025, passed 9-23-1996; Ord. 1033, passed 3-24-1997; Ord. 1162, passed 1-6-2003; Ord. 1257, passed 5-24-2004; Ord. 1191, passed 5-24-2004; Ord. 1257, passed 12-12-2005; Ord. 1274, passed 10-9-2006; Ord. 1318, passed 11-9-2009; Ord. 1443, passed 12-19-2016) Penalty, see § 171.999