Chapter 16.10
CONVERSION CONDOMINIUM
Sections:
16.10.010 Conversion condominium requirements created.
16.10.015 Written inspection report.
16.10.020 Repair of violations.
16.10.025 Warranty of repairs.
16.10.030 Repealed.
16.10.035 Violations.
16.10.010 Conversion condominium requirements created.
This chapter establishes requirements pertaining to the conversion of apartments to condominiums as set forth in Chapter 64.34 RCW, The Condominium Act. Unless otherwise specified, all terms used herein shall have the same meaning as defined in Chapter 64.34 RCW, as now exists or as may hereafter be amended. (Ord. 1964 § 1, 1993).
16.10.015 Written inspection report.
A. The public offering statement of a conversion condominium shall contain, in addition to the information required by RCW 64.34.410 and 64.34.415, a copy of the written inspection report prepared by the City’s Building Official, which report shall list any violations of the Uniform Code, as adopted by the City in Chapter 16.04 IMC or other applicable governmental regulation related to life/safety matters. Costs of the inspection shall be borne by declarant.
B. The inspection shall be made within 45 days of the declarant’s written request for the inspection and the report shall be issued within 14 days of the inspection being made.
C. The Building Official may accept a report from a qualified inspection service in lieu of the inspection required in subsection B of this section. (Ord. 1964 § 1, 1993).
16.10.020 Repair of violations.
A. Prior to the conveyance of any residential unit within a conversion condominium, other than a conveyance to a declarant or affiliate of a declarant:
1. All violations disclosed in the inspection report, not otherwise waived by the City, shall be repaired with valid building permits; and
2. A letter of certification shall be obtained from the City stating that such repairs have been made. This certification shall be based on a reinspection to be made within 7 days of the declarant’s written request for the reinspection, and shall be issued within 7 days of the reinspection being made. Costs of the reinspection shall be borne by declarant at the rates set forth in Chapter 16.04 IMC.
B. Certification by the City shall state that only those defects discovered by the residential inspection have been corrected and that the certification does not guarantee that all relevant code violations have been corrected. No declarant shall use the City’s certification in any advertising, nor shall a declarant indicate or imply to anyone, for the purpose of inducing a person to purchase a condominium unit, that the City has “approved” the premises or any unit for sale. (Ord. 1964 § 1, 1993).
16.10.025 Warranty of repairs.
A. The repairs required to be made under this section shall be warranteed by the declarant against defects due to workmanship or materials for a period of 1 year following the completion of such repairs.
B. Prior to the conveyance of any residential unit within a conversion condominium, other than a conveyance to a declarant or affiliate of a declarant:
1. The declarant shall establish and maintain, during the 1-year warranty period, an account containing a sum equal to 10 percent of the actual cost of making the repairs.
2. During the 1-year warranty period, the funds in such account shall be used exclusively for paying the actual cost of making repairs required, or for otherwise satisfying claims made, under such warranty.
3. Following the expiration of the 1-year warranty period, any funds remaining in such account shall be disbursed to the declarant.
4. The declarant shall notify in writing the property association and the City as to the location of such account and any disbursements from it. (Ord. 1964 § 1, 1993).
16.10.030 Relocation assistance.
Repealed by Ord. 1990. (Ord. 1964 § 1, 1993).
16.10.035 Violations.
A. Any person violating the provisions of this chapter shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished as set forth in IMC 1.06.010(A).
B. Such violations shall not invalidate the creation of the condominium or the conveyance of any interest therein.
C. The provisions of this chapter are not intended to and shall not be deemed to create any duty on the part of the City to enforce the provisions of this chapter for any particular individual, but are enacted for the general welfare of all residents of the City. (Ord. 1964 § 1, 1993).