[Ord. 8087, passed 4-24-2014]
As used in this article, certain terms are defined as follows:
(a) OWNER — Any person, agent, authorized agent, operator, firm
or corporation having a legal or equitable interest in the property;
or recorded in the official records of the State, county or City as
holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such person,
and the executor or administrator of the estate.
(b) PROPERTY — Any building or structure, lot, plot or parcel of
land or both.
(c) AGREEMENT OF SALE — Any agreement or written instrument which
provides that title to any property shall thereafter be transferred
from one owner to another owner, and includes inter alia written leases
which contain options to purchase the leased property, and leases
which provide that the lessee or the property shall acquire title
thereto after the payment of a stipulated number of regular rent payments
or after a stipulated period of time.
(d) TRANSFERRING DOCUMENT — Any deed or other document transferring
legal title or transferring or vesting equitable title to the real
property in the purchaser.
[Ord. 8087, passed 4-24-2014]
(a) No owner shall sell his property or any interest therein unless such
owner first delivers to the purchaser at or prior to the time for
settlement a certification of the district classification, issued
by the appropriate City officer indicating the zoning classification
and legality of the existing use of the property to be sold.
(b) No owner shall sell his property or any interest therein unless such
owner first delivers to the purchaser at or prior to the time for
settlement a certificate issued by the appropriate Code Official disclosing
whether there exists any uncorrected violations of the City PA UCC
Codes.
[Ord. 8087, passed 4-24-2014]
(a) Every owner shall insert in every agreement of sale or transferring
document of property a provision showing the zoning classification
of such property, and stating whether the present use of the property
is in compliance with or in violation of zoning laws and ordinances,
and every owner shall insert in every agreement of sale or transferring
document of property a provision disclosing whether there exists any
notices of uncorrected violations of the City PA UCC Codes.
(b) If any owner fails to include any provision required by this article
in an agreement of sale or transferring document of property, then
in any action, at law or in equity, instituted by a purchaser against
an owner, it shall be conclusively presumed that the owner at the
time of the signing of such agreement that such property was being
used in compliance with the existing zoning laws and ordinances, and
that there were no uncorrected violations of the City PA UCC Codes.
[Ord. 8087, passed 4-24-2014]
A certificate from the appropriate City officer certifying that
the property has been approved or designated as a nonconforming use
shall be deemed compliance with this article.
[Ord. 8087, passed 4-24-2014]
(a) The inspection and review fee(s) shall be as follows, or as may be
amended from time to time by ordinance of Council. No reduction shall
be made for the size, location, structures or any other reason. The
fee(s) is non-refundable. The inspection and review fee(s) shall be
as follows for each parcel associated in the agreement of sale.
Type
|
Fee
|
---|
Residential Property (2 or less units)
|
$100
|
Residential Property (3 or more units)
|
$100 and $25 for each additional unit
|
Commercial Property
|
$250
|
Industrial Property
|
$250
|
(b) The fee(s) is applicable to each agreement of sale or transferring
document no matter how often a property is sold or how often the deed
is modified with the exception of a Scrivener's Affidavit to
correct minor typographical errors. Owner is solely responsible for
the non-refundable fee. The fee(s) is to be paid in full prior to
the scheduling of the inspection. Fee(s) shall be paid, copy of any
and all agreement(s) of sale and application shall be submitted in
person or by regular mail to the appropriate, designated department(s)
at the City hall of the City of New Castle or electronically online,
whenever available, via a third party website or smart phone application
or a website or smart phone application designated by the Code Enforcement
Department or Department of Community and Economic Development including,
any and all third party fee(s), online convenience fee(s) or other
transaction fee(s) shall be the sole responsibility of the owner and
paid in full at the time of application. There shall be no refund
or reduction because of a failure to execute the agreement of sale.
Inspection may be scheduled upon receipt of the fee(s) at the discretion
of the Code Enforcement Department.
[Ord. 8087, passed 4-24-2014]
(a) Any and all Agreement(s) of Sale or transferring document shall be
provided to the appropriate, designated department(s) at the City
hall of the City of New Castle prior to the schedule of any and all
inspections and any and all agreement(s) of sale shall be recorded
at the Lawrence County Recorder of Deeds office within 90 days of
the inspection.
(b) Execution of any and all agreement(s) of sale or transferring document
may not occur until an affidavit provided by the Code Enforcement
Department has been signed by the purchaser and notarized and the
original, notarized affidavit has been received by the Code Enforcement
Department and initialed and dated indicating the date of receipt
by the Code Enforcement officer who performed the inspection or a
City official designated by the director of Community and Economic
Development.
(c) Owner, at the date the initial application is received by the Code
Enforcement Department, shall be held solely responsible for any and
all provisions of this ordinance contained here within.
[Ord. 8087, passed 4-24-2014]
(a) Application, provided by the Code Enforcement Department whether
it be electronic or hard copy format, shall be signed and completed
in full by the owner including, but not limited to, subject property
ward, section, lot number, deed reference, parcel id number; address
of property; type of occupancy identifying if it is owner, tenant
or vacant; name of owner of record; address of owner of record; name
of purchaser of property; contact person of purchaser of property;
contact person of purchaser address and telephone number; signature
of owner or authorized agent; address of owner or authorized agent
and telephone number of owner or authorized agent.
(b) Affidavit, provided by the Code Enforcement Department whether it
be electronic or hard copy format, shall be signed and completed in
full by the purchaser including, but not limited to, county in which
the affidavit is issued, purchaser name, address of property, purchaser
signature, date affidavit is signed, purchaser address, purchaser
telephone number, seal and signature of a registered notary.
(c) With the exception of a Scrivener's Affidavit to correct minor
typographical errors, the name of the purchaser on the application
shall be the same as the name of the purchaser on the affidavit and
shall be the same as the name of the purchaser in the agreement of
sale recorded at the recorder of deeds office.
(d) The purchaser shall be solely responsible to perform their due diligence
and contact the Code Enforcement Department immediately to determine
if the property is on the demolition list. If the property is on the
demolition list, the purchaser may submit a written application to
the Housing Code Board of Appeals within 10 days after service of
the originally dated Notice and Order. Failure to do so, purchaser
shall indemnify and hold the City harmless.
[Ord. 8087, passed 4-24-2014]
Whoever violates any provision of this article shall be guilty of summary offense and punished as provided in Section
101.99 of the Administrative Code. Any violation of the provisions of this article on any day shall be a separate and distinct violation and subject the violator to a separate and distinct penalty.