[R.O. 2011 §15.12.010; Prior Code §18-126; Ord. No. 5190 §1]
A.
Application. Any developer who wishes to convert a building
to a condominium shall submit ten (10) copies of an application addressed
to the City Council and delivered to the City Manager. The application
shall identify the premises by street address, describe the premises
and the proposed improvements and shall certify that the condominium
conversion will be consistent with the development standards contained
herein.
B.
Development Standards. The City Council shall not give approval
to any application for a condominium conversion unless it is satisfied
that the development will comply with the following development standards:
1.
Each condominium unit and all other portions of the property are
in compliance with the applicable provisions of the codes governing
existing buildings and their premises;
2.
Smoke detectors are installed in each dwelling unit in accordance
with Building Code requirements for new construction;
3.
All units are provided with separate gas and electric meters for
each unit;
4.
All units are provided with separate water meters and individual
water shutoff valves for each unit or provisions are made for equitable
sharing of water costs where it is not possible to install separate
meters;
5.
Separate shutoff valves are installed on the hot and cold water supply
lines at each plumbing fixture. Separate shutoff valves are installed
on gas lines at each furnace, water heater and other gas appliance;
6.
The condominium documents include a clear and understandable statement
governing the responsibilities for maintaining all common areas and
all portions of the electric, gas, heating, water, plumbing, sewage
and drainage systems;
7.
Each tenant is given at least ninety (90) days' notice in writing
of the intent to convert to a condominium. The developer shall certify
to the City Manager that it has given such notice to each tenant.
C.
Inspection. The owner of the property shall request, with
the application for conversion, an inspection of the entire premises
and every dwelling unit therein by sending a written request for such
inspections to the Building Commissioner and paying the established
inspection fees in full. The Building Commissioner shall cause the
inspection of the structure and its premises for the purpose of determining
compliance with the provisions of applicable codes, but the owner
shall be responsible for providing access to all parts of the premises.
D.
Approval. After administrative review, the application shall
be forwarded to the City Council together with a report from the City
Manager. The City Council may defer action on an application until
it receives a full report of all inspections. The City Council shall
review the report of the City Manager and may require the applicant
to appear before the City Council prior to making its determinations.
Upon finding the application in proper order and determining that
the condominium will be in compliance with the development standards
contained in this Section, the City Council shall approve the application
for condominium conversion by resolution.
E.
Recording. No condominium conversion documents shall be
recorded in the office of the County Recorder of Deeds or have any
validity until the application for such condominium conversion shall
have been approved as provided by this Section.
F.
Occupancy Permit. It is unlawful for any person to occupy,
or for any owner or agent thereof to permit occupancy or the use of
any building or part thereof hereafter converted to a condominium,
until a certificate of occupancy has been issued by the Building Commissioner,
certifying that the conversion complies with the development standards
contained in this Section; except that any use or occupancy which
was not discontinued during the conversion shall be discontinued within
thirty (30) days after the conversion of a unit to a condominium unless
the required certificate is obtained from the Building Commissioner.
It is unlawful for any person to knowingly make any false statement
in their application for an occupancy permit as to the names, ages,
relationship or number of occupants who will occupy the unit.
