[Adopted 6-27-1995 by Ord. No. 3162]
As used in this article, the following terms
shall have the meanings indicated:
AGENT
Any person, copartnership, association, corporation or fiduciary
who for monetary consideration aids in the sale or exchange of property
as defined herein. Whenever used in any clause prescribing or imposing
a penalty, the term "agent," as applied to copartnerships and associations,
shall mean the partners or members thereof, and, as applied to corporations,
the officers thereof. Liability shall be limited to failure to notify
the owner of the obligations imposed by this article.
AGREEMENT OF SALE
Any written agreement or written instrument which provides
that title to any property shall thereafter be transferred from one
owner to another owner.
[Amended 6-23-1998 by Ord. No. 3162.3; 12-8-2015 by Ord. No. 3162.7]
MUNICIPAL CLAIM
All monetary obligations, recorded or unrecorded, due the
City of Bradford as school and City property taxes or for services
rendered or delivered to the property.
OWNER
Any person, copartnership, association, corporation or fiduciary
having legal or equitable title, or any interest in any real property.
Wherever used in any clause prescribing or imposing a penalty, the
term "owner," as applied to copartnerships and associations, shall
mean the partners, or members thereof, and as applied to corporations,
the officers thereof.
PROPERTY
Any residential building or structure which totally or partially contains single-family dwellings; two-family dwellings; multifamily dwellings; boardinghouses, lodging houses, tourist homes; dormitories; and hotels as further defined in Chapter
220, Zoning. The separateness of a property shall be determined by the more restrictive title or parcel number.
REGULATION
Includes regulations promulgated by the Pennsylvania Department
of Labor and Industry under the Pennsylvania Fire and Panic Act of
April 27, 1927, P.L. 465, as amended.
SALE
Includes the typical real estate closing where a deed is
given from the seller to the buyer. For the purposes of this article,
a sale shall be deemed to occur when the deed transfers ownership.
[Added 6-23-1998 by Ord.
No. 3162.3; amended 12-8-2015 by Ord. No. 3162.7]
Every owner shall provide every buyer with a
copy of the certificate of compliance, certified by the Code Enforcement
Officer, before any sale is finalized.
Notwithstanding any other law or ordinance,
the provisions of this article may not be waived or disclaimed by
any oral or written agreement executed by any owner or purchaser.
[Amended 6-28-2005 by Ord. No. 3162.6]
A. In the City of Bradford, it shall be unlawful for any owner to sell his property, or any interest therein, unless the owner shall first deliver to the purchaser, at or prior to the execution of any agreement of sale, or prior to the transfer of title should no agreement of sale be utilized, the certification described in §
165-4.
B. It shall be unlawful for any agent to aid any owner in the sale or transfer of property unless the agent shall first notify the owner of the owner's obligation imposed by §
165-4.
The certificate of compliance shall be compiled
from the records of the City of Bradford and from an inspection of
the property. Neither the enactment of this article nor the preparation
and delivery of any certificate required hereunder shall impose any
liability upon the City of Bradford for any errors or omissions contained
in such certificate nor shall the City of Bradford bear any liability
not otherwise imposed by law.
Appeals from the findings set forth in the certificate
must be filed, in writing, with the City Council of the City of Bradford
within three days after the issuance of said certificate; the City
Council of the City of Bradford will refer the appeal to the appropriate
board of appeals.