[Added 3-6-79 by Ord. No. 12-79; amended 10-17-2023 by Ord. No. 62-2023]
[Amended 5-18-1982 by Ord. No. 16-82; 10-17-2023 by Ord. No. 62-2023]
A. 
It shall be unlawful to sell, purchase, convey or transfer title to any residential real property located in the City, including without limitation any townhouse, condominium, or other unit within a horizontal property regime until a certificate of habitability is issued by the Division of Code Enforcement, signifying that said property complies with and conforms to the provisions of this chapter. The certificate of habitability shall be issued after proper application has been executed and filed by the property's owner and/or purchaser as required, and after inspection and approval by the Division of Code Enforcement.
B. 
Application; Inspection; Fees.
(1) 
To apply for a certificate of habitability, the property’s owner and/or purchaser must submit a complete application and the required fee, as listed in Chapter 88, Fees.
(2) 
If an inspection is to be made, the additional cost shall be as provided in Chapter 88, Fees.
(3) 
Whenever an inspection appointment is broken by the purchaser, seller or mortgagee or any other party in interest so that there must be another trip to the premises by the inspectors, said person ordering said inspection shall be required to pay another inspection fee according to the number of units in said dwelling.
C. 
If the agreement of sale for the property contemplates an "as is" conveyance or transfer, then a copy of said agreement shall be attached to the application, and the application must be signed by the owner and the purchaser. If an inspection of the property by the Division of Code Enforcement reveals violations of the Housing, Building, Plumbing, Fire and Electrical Subcodes and/or ordinances that cannot be repaired or corrected before title closing or transfer of possession, then the Division of Code Enforcement may issue a nonrenewable temporary certificate of habitability, valid for no more than six months following the date of conveyance or transfer of possession. When a temporary certificate of habitability is issued, the purchaser shall acknowledge receipt of said temporary certificate, along with the purchaser's obligation to comply with the provisions and requirements of the Housing, Building, Plumbing, Fire and Electrical Subcodes and all ordinances applicable to same.
D. 
The owner and purchaser shall have equal responsibility for obtaining the certificate of habitability for the property, and a failure to do so by one or both parties shall not diminish the liability of either party to the exclusion and/or inclusion of the other.
[Amended 10-17-2023 by Ord. No. 62-2023]
The transfer, conveyance or delivery of any residential property under the following circumstances shall be exempt from the requirement to obtain a certificate of habitability:
A. 
If made between immediate family members including without limitation spouses.
B. 
If the property was inspected and a certificate of habitability was issued within the immediately preceding six months.
C. 
If the property was purchased specifically for the building thereon to be demolished, in which case, notice of said intention shall be given to the Division of Code Enforcement in writing and the necessary demolition permit shall be applied from the applicable department within the City of Orange Township.
D. 
If the property was transferred by reason of probate proceedings, provided that the grantees are heirs or beneficiaries under a probated last will and testament.