[Adopted 3-15-2016 by Ord. No. 16-05; readopted and reaffirmed 11-16-2020 by Ord. No.
20-22]
[Amended 10-3-2023 by Ord. No. 23-35]
A.
Certificate
of inspection/certificate of occupancy required at sale of property.
(1)
No
owner or agent thereof shall hereafter sell or convey, whether legal
or equitable title, any dwelling or dwelling unit, or premises, except
vacant land, unless prior to such sale or conveyance a certificate
of inspection/certificate of occupancy has been obtained from the
Code Enforcement Officer.
(2)
The
owner, buyer, or agent shall request an inspection prior to the date
of sale and shall ensure that the dwelling is accessible for the inspection.
(3)
Failure of the owner, buyer, or agent to receive a certificate of inspection/certificate of occupancy prior to the date of sale or transfer as set forth in this subsection shall not affect the necessity of an owner or agent, subsequent to a sale or transfer, from obtaining a certificate of inspection/certificate of occupancy as required in Subsection B.
(4)
If,
at the time of inspection, the property meets all requirements for
a certificate of occupancy, a certificate of occupancy will be issued.
(5)
If,
at the time of inspection, the property does not meet all the requirements
necessary to obtain a certificate of occupancy and the dwelling unit
is unoccupied, a certificate of inspection may be issued in lieu of
the certificate of occupancy if applicable provisions for the certificate
of inspection have been satisfied.
B.
Certificate
of occupancy required at occupancy.
(1)
After
sale or conveyance of legal title and/or equitable title to property,
no owner or agent thereof shall occupy or cause to be occupied any
such dwelling or dwelling unit without first obtaining a certificate
of occupancy from the Code Enforcement Office verifying that the unit,
premises or dwelling meets all requirements necessary for a certificate
of occupancy.
(2)
No
owner or agent thereof shall rent, lease or let to any person or persons,
whether or not for consideration, any dwelling or dwelling unit, or
other premises, facility or structure for any type of residential
occupancy, without first obtaining a certificate of occupancy from
the Code Enforcement Office indicating the said dwelling, unit, premises
or facility is fit for human habitation and is compliant with applicable
provisions of the Property Maintenance Code.
(3)
No
tenant or occupant shall sublease, sublet or permit the use of a dwelling
or lodging unit or structure, building or premises, regardless of
use, without first obtaining a certificate of occupancy as set forth
herein
C.
Agents
and brokers.
(1)
Any
real estate broker and/or real estate agent rendering services to
an owner with respect to the transfer, sale or conveyance, rental,
or leasing of property pursuant to this section shall be deemed to
be an agent of the owner.
(2)
In the event that an agent is charged with a violation of § 265-32 for failing to obtain certificates of inspection and/or occupancy prior to the transfer, sale or conveyance, rental, leasing, or occupying of property pursuant to § 265-32, then it shall be an affirmative defense to such charge that the agent has presented notice to the owner from the agent notifying the owner of the obligation to obtain such certificates prior to the transfer, sale or conveyance, rental, leasing, or occupying of property, provided that said notice is either sent by certified mail, with a receipt, or the owner has affixed the owner's signature to the notice.
