Chapter 15-40
POINT OF SALE PERMITS FOR RESIDENTIAL UNITS
Sections:
15-40-010 Point of sale permit required.
15-40-020 Point of sale permit required for contract sales.
15-40-060 Application for point of sale permit.
15-40-070 Point of sale permit information.
15-40-080 Correction of violations.
15-40-090 Term of point of sale permits.
15-40-100 Denial of occupancy.
15-40-110 Payment of past due water and sewer charges.
15-40-120 Point of sale permit does not act as warranty.
15-40-130 Real estate transfer tax stamps.
15-40-010 Point of sale permit required.
It is unlawful for any person, corporation, trust or other legal entity to sell, transfer or otherwise convey an ownership interest in residential property until a valid point of sale permit has been issued by the director of the department of planning and development pursuant to Section 15-40-070. (Ord. 2416 § 1 (part), 1985)
15-40-020 Point of sale permit required for contract sales.
It is unlawful for any person, corporation, trust or other legal entity to sell, transfer, or otherwise convey an interest in residential property by land contract or contract for sale until a valid point of sale permit has been issued by the director of planning and development pursuant to Section 15-40-070. (Ord. 2416 § 1 (part), 1985)
15-40-030 Applicability.
This chapter shall be applicable to all residential property in the city which is sold, transferred or otherwise conveyed as set forth in Sections 15-40-010 and 15-40-020. (Ord. 2416 § 1 (part), 1985)
15-40-040 Definitions.
As used in this chapter:
“Closing” means: (1) the date that the ownership interest in the subject property is sold, transferred, or conveyed; and (2) in the case of a contract sale or land sale contract, the date that the contract is executed.
“Owner” means: (1) the record title holder of the fee interest in the subject property; or (2) if the property is held in a land trust, the beneficiaries of such land trust.
“Ownership interest” means: (1) the fee interest in the subject property; or (2) the beneficial interest in a land trust held by a trustee for the beneficiaries of such land trust.
“Residential property” means any dwelling unit utilized as a residence, including but not limited to single-family units, multifamily units, condominiums, townhouses and duplexes. (Ord. 2416 § 1 (part), 1985)
15-40-050 Fee.
A fee of seventy-five dollars ($75.00) shall be charged for the one — two residential units and a fee of twenty-five dollars ($25.00) shall be charged per additional unit and a fee of one hundred fifty dollars ($150.00) shall be charged for all commercial units. (Ord. 3221 § 35, 2009; Ord. 2553 § 1, 1988: Ord. 2469 § 1, 1986: Ord. 2416 § 1 (part), 1985)
15-40-060 Application for point of sale permit.
Application for a point of sale permit must be completed and signed by the owner at least ten business days before the date of closing. The application form shall be filed with the department of planning and development. Upon submission of an application for a point of sale permit, a date and time for the inspection shall be scheduled by the owner or his agent and the department of planning and development. The owner or his agent shall be available at the residential dwelling unit at the date and time specified in order to facilitate the compliance inspection. Within five business days after receipt of the application and payment of the fee prescribed in Section 15-40-050, an inspection shall be made. (Ord. 2416 § 1 (part), 1985)
15-40-070 Point of sale permit information.
The department of planning and development shall issue a point of sale permit within three business days after gaining access to and inspecting the premises. The point of sale permit shall contain the following information:
A. The street address or other identifying number of the property involved;
B. The name and address of the owner;
C. A statement of the permitted use and occupancy of the building or structure;
D. A listing of the known or observable violations of the applicable building, electrical, plumbing, existing structures, mechanical, fire protection, or life safety codes of the city, as contained in Title 15 of the municipal code and the codes adopted thereunder, as now existing or hereafter amended;
E. In the event that no violations are observed, a statement that no violations have been observed upon inspection. (Ord. 2416 § 1 (part), 1985)
15-40-080 Correction of violations.
A. In the event the inspection reveals a violation of the city codes, the owner (or buyer, as the case may be) shall be responsible for correcting such violation. When the violation is corrected, the owner or buyer shall apply to the city for a reinspection and, if no violation is found upon reinspection, the certificate of inspection shall be amended to show no violation.
B. 1. Where the violations found pose no immediate danger to the public health and safety, a point of sale permit may be issued with a list of unabated violations. The buyer will be responsible for the correction of such violations within one hundred eighty (180) days of the occupation of the premises.
2. A point of sale permit shall not be issued under this subdivision until the department of planning and development has received an affidavit, in a form acceptable to the department and signed by the buyer, that the buyer will correct the unabated violations within one hundred eighty days as aforesaid and will obtain such building permits as may be necessary to correct such violations.
C. Within one hundred eighty (180) days of the issuance of a point of sale permit which lists unabated violations, the buyer shall present sufficient evidence to the department of planning and development to demonstrate that the cited violations have been corrected. Such evidence may include, but shall not be limited to, statements of payment for necessary materials, supplies or labor, contractor’s statements of work performed, or further on-site inspections by the department as allowed by the buyer. The buyer’s failure to present sufficient evidence to demonstrate that the cited violations have been corrected shall constitute a violation of this chapter. (Ord. 2469 § 2, 1986; Ord. 2416 § 1 (part), 1985)
15-40-090 Term of point of sale permits.
A point of sale permit issued to the owner-seller shall be valid for one hundred eighty (180) days from the date of issuance. (Ord. 2416 § 1 (part), 1985)
15-40-100 Denial of occupancy.
Where violations are found to pose an immediate danger to the public health and safety, the department of planning and development shall prohibit the further occupancy of the premises until such time as such violations are abated and shall not issue a point of sale permit. (Ord. 2416 § 1 (part), 1985)
15-40-110 Payment of past due water and sewer charges.
No point of sale permit shall be issued by the department of planning and development if there are unpaid water and sewer charges outstanding. Payment of all past due water and sewer charges shall be made prior to issuance of a point of sale permit. (Ord. 2416 § 1 (part), 1985)
15-40-120 Point of sale permit does not act as warranty.
In issuing a point of sale permit, the city does not intend to, nor does it, warrant, insure or guarantee to the holder thereof, to his or her assignee, or to any other interested person, that there are no violations of any of the provisions of the ordinances of the city or the laws of the state or of the United States, nor that the list of violations, if any, as shown on the permit, is complete and all inclusive. (Ord. 2416 § 1 (part), 1985)
15-40-130 Real estate transfer tax stamps.
No real estate transfer tax stamps shall be issued by the city pursuant to Chapter 3-24 of this municipal code unless a valid point of sale permit is presented at the time that the stamps are purchased. (Ord. 2416 § 1 (part), 1985)
15-40-140 Violation—Penalty.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this chapter shall be guilty of an ordinance violation and shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00). Each day a violation is permitted to exist shall constitute a separate offense. (Ord. 2416 § 1 (part), 1985)