[Adopted 12-19-2016 by Ord. No. 2016-8]
This article shall be known and may be cited as "The Municipality
of Kingston Conveyancing Inspection Ordinance."
The intent of this article is to provide purchasers the opportunity to review the data and information contained within a building inspection report prior to entering into an agreement of sale and/or consummating a purchase. This article is furthermore intended to require compliance with the version of the International Property Maintenance Code in effect as provided by Chapter
135 of the Municipal Code and the Zoning Code of the Municipality of Kingston as a prerequisite to obtaining an occupancy permit prior
to and following a conveyance subject to this article.
[Amended 4-2-2018 by Ord.
No. 2018-2]
A. It shall be the obligation of every owner and/or agent of the owner
of a dwelling or building to notify the Municipal Code Enforcement
Officer and/or his/her designee upon listing, advertising or offering
a dwelling or building for sale. At that time an inspection request
shall be completed by the requester on a form supplied by the Municipality.
This form shall include the following notation: The inspection required
by the Municipality of Kingston Conveyancing Inspection Ordinance
is not intended to take the place of due diligence inspections by
a prospective purchaser for wood-boring insects, radon and structural
issues or any other inspections that may be advisable in the purchase
of a dwelling or building.
B. The Municipal Code Enforcement Officer and/or his/her designee shall
thereupon provide an inspection report for the dwelling or building
based upon physical inspection of the dwelling or building.
C. Should the owner and/or agent of the owner fail to comply with the
obligation to obtain an inspection, this obligation shall become the
obligation of the purchaser/grantee.
D. Should the purchaser/grantee fail to comply with obtaining a Kingston
inspection, said purchaser/grantee or partners if the grantee is a
partnership or the corporate officers if the grantee is a corporation
or the managing member(s) if the grantee is a limited liability company
shall be subject to the penalties set forth in Municipal Code § 60-15.
E. No occupancy permit will be issued for a property subject to this
article until and unless the inspection requirement and the remediation
of inspection deficiencies has been accomplished.
It shall be the obligation of every owner and/or agent to allow the purchaser to review the certificate of occupancy or written notice denying the certificate of occupancy as provided in §
62-5C prior to the execution of agreement of sale and/or purchase of the dwelling or building, prior to the transfer of the dwelling or building, and prior to the exchange of any monetary sum relative to the purchase of the dwelling or building should an agreement of sale not be utilized.
The purchaser shall have the right to review the information
contained within the inspection report or to waive the right to review
the inspection report prior to entering into an agreement of sale
or consummating a purchase.
The following fees shall be applicable for buyer notification
inspections:
A. Residential structures/buildings: $50.
B. Commercial structures/buildings under 6,000 square feet: $150.
C. Commercial structures/buildings over 6,000 square feet: $200.
The building inspection report, set forth in §
62-3, shall not be required for a dwelling should any of the following conditions be applicable:
A. Where such dwelling is intended to be demolished and a valid demolition
permit pursuant to the building code of the municipality has been
obtained;
B. Where such dwelling is sold at a foreclosure sale or pursuant to
the Real Estate Tax Sale Act of 1947, P.L. 1368, as amended, or other
judicial sale pursuant to federal or state statutes:
C. Where such dwelling is given as a gift inter-family, i.e., husband
and wife, parents and children and spouses of children;
D. When title to such dwellings pass by virtue of laws relating to a
decedent's estate;
E. Where such dwelling is new and has never been occupied as a dwelling
and has been inspected and approved for occupancy by a Construction
Code inspector of the Municipality of Kingston.
[Amended 4-2-2018 by Ord.
No. 2018-2]
Any person, partnership, corporation, or limited liability company
who or which shall violate the provisions of this article shall, upon
conviction thereof in a summary proceeding, be sentenced to pay a
fine of not more than $500. In default of payment of the fine, such
person, the members of such partnership, the limited liability company
and the managing members of such limited liability company or corporation
and the officers of such corporation shall be liable to imprisonment
for not more than 60 days. All fines collected for the violation of
this article shall be paid over to the governing body.
The provisions of this article are declared to be severable,
and if any section, sentence, clause or phrase of this article shall
be held to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining sections, sentences, clauses
or phrases of this article, but the same shall remain in full force
and effect, it being the intent that this article shall stand, notwithstanding
the invalidity of any part thereof.
This article shall become effective in conformity with Kingston
Charter Section 213.