Chapter 15.54
CERTIFICATE OF COMPLIANCE BEFORE SALE OF BUILDING
Sections:
15.54.010 Certificate of compliance required.
15.54.035 Conditional certificate of compliance – Procedures.
15.54.040 Nonliability of village.
15.54.100 Ground-fault circuit-interrupter protection.
15.54.010 Certificate of compliance required.
Except as otherwise provided in this chapter, whenever there is a proposed change of ownership or possession of any commercial or residential building or part thereof, such change of ownership or possession shall not be made unless a certificate of compliance has been issued by the building department, dated not earlier than one hundred eighty days prior to the change of ownership or possession. The term “residential building” as used in this chapter shall include mobile homes, single-family homes, duplexes, apartments, cooperative apartments and condominiums. The term “commercial building” shall include any other building not defined as a residential building herein. In order not to delay or impede a pending change of ownership or possession, the building department may issue a temporary certificate of compliance if the code violations existing at the time of the change of ownership or possession are not an immediate and imminent threat to the health or safety of the owners, the tenants or the occupants of the property in question. Under such circumstances, the former owner (seller), or his agent, and the new owner (buyer), or his agent, shall be jointly and severally liable and responsible for correcting all code violations existing at the time the change of possession or ownership occurs, said corrections to take place within the time established by the building department. (Ord. 95-47 § 1, 1995; Ord. 90-29 § 1, 1990; Ord. 90-15 § 1, 1990)
15.54.020 Requirements.
A certificate of compliance shall be issued by the building department after an inspection of the premises discloses that the premises are in compliance with the village building code, housing code, plumbing code, electrical code and all other village chapters relating to building construction and maintenance. Compliance with the provisions of said codes and chapters shall be met if the provisions of the respective codes in effect at the time of the inspection are met, or if the provisions of the codes in effect at the time the permit was issued for the particular construction or installation were met. In a situation where there is compliance with the applicable code or chapter in effect at the time a permit was issued but there is noncompliance with the current code or chapter, and the situation presents a hazardous condition endangering health or safety, the building department shall issue a noncompliance notice setting forth the hazardous condition. In addition to all other requirements provided herein, the final water bill must be paid prior to issuance of said certificate of compliance. (Ord. 90-15 § 1, 1990)
15.54.030 Noncompliance.
If an inspection by the building department discloses noncompliance with any of the codes or ordinances referred to herein, said department shall issue a noncompliance notice setting forth the areas of noncompliance and stating that the premises shall be brought into compliance within forty-five days, or by a date thereafter established by the building department. When a subsequent inspection discloses compliance, a certificate of compliance shall be issued. If there is continual noncompliance after the time limit established, no new occupancies shall be permitted. (Ord. 90-29 § 2, 1990; Ord. 90-15 § 1, 1990)
15.54.035 Conditional certificate of compliance – Procedures.
An owner who has not completed the repairs identified through the inspection may nevertheless transfer ownership of property if:
A. A fee for a conditional certificate of compliance is paid for in the amount of one hundred dollars for one or two units and one hundred dollars plus twenty-five dollars for each additional unit over the first two; and
B. The owner or agent has deposited with the village an amount of money determined by the director of building and zoning and the fire chief to be sufficient to bring the structure into compliance with all village building and zoning ordinances and any applicable housing, fire or property maintenance codes or regulations; and
C. The buyer, conveyee, transferee, assignee or successor in title, ownership or interest (hereinafter “buyer”) has entered into an agreement with the village whereby the buyer agrees to bring the structure into compliance within the time period determined by the director of building and zoning to bring the structure into compliance with all applicable code requirements within a period not to exceed one hundred eighty calendar days after the closing of the transaction (“closing”); and
D. If the buyer enters into such agreement, a conditional certificate of compliance will issue in order to allow the closing to be completed. The conditional certificate of compliance shall be issued by the director of building and zoning and shall terminate on the one hundred eighty-first day after closing and no extensions shall be granted. A buyer who elects to accept the premises, subject to the inspection with existing violations, and who agrees, in order to close, to be responsible as provided herein, shall execute a sworn affidavit satisfactory to the director of building and zoning, which will clearly indicate that the buyer is fully aware of the existing violations as well as the possibility of violations that may have existed but were undiscovered due to lack of access and agrees to accept the requirement and obligation to bring the structure into compliance within one hundred eighty days of the closing. The village shall issue a certificate of compliance upon completion of the repairs necessary to bring the dwelling or structure into compliance; and
E. In the event the buyer fails to complete the required repairs, and have the repairs verified on reinspection, the director of building and zoning is hereby authorized to pursue enforcement proceedings through the Riverdale administrative adjudication process, or, at its discretion, through the circuit court of Cook County. The buyer hereby agrees to submit to the jurisdiction and venue of the Riverdale administrative adjudication process and the circuit court of Cook County and to waive service of summons subject only to the notice requirement as required by law in order to enable the village to expeditiously obtain an order of compliance with this section; and
F. If reasonable proof that the repairs have been completed is not received by the building department within the required period for the repairs to be completed, the village may also issue a citation for violation of this chapter and/or the escrow repair agreement, and may also pursue any applicable administrative or judicial remedies to bring the structure and property into compliance with applicable codes and regulations. (Ord. 2008-01 § 1, 2008)
15.54.040 Nonliability of village.
A certificate of compliance indicates that so far as can be reasonably determined by a visual inspection of the premises and a review of village records and chapters, the premises meet the requirements of the codes. Neither the village nor the building department assumes any liability in the inspection or the issuance of a certificate of compliance and by the issuance of a certificate of compliance does not guarantee or warrant the condition of the premises inspected. (Ord. 90-15 § 1, 1990)
15.54.050 Fee.
A. The following fees shall be paid to the village for inspection of the premises required prior to the issuance of a certificate of compliance, which fees shall be paid at the time of applying for such inspection:
|
One or two units |
$200 |
|
Each additional unit over two |
$50 |
B. However, if it is necessary that an additional inspection be made by the building inspector or his authorized representative, no fee shall be charged for said second inspection; provided further, that any additional inspections beyond two by the building inspector or his authorized representative shall be at a fee of two hundred dollars per inspection.
C. The following fees shall be paid to the village for inspection of the commercial premises required prior to the issuance of a certificate of compliance, which fees shall be paid at the time of applying for such inspection:
|
Square Feet |
Fee Amount |
|---|---|
|
0 – 2,499 |
$200 |
|
2,500 – 4,999 |
$300 |
|
5,000 – 9,999 |
$400 |
|
10,000 – 14,999 |
$500 |
|
15,000 – 19,999 |
$600 |
|
20,000 – 29,999 |
$700 |
|
30,000 – 39,999 |
$800 |
|
40,000 – 49,999 |
$900 |
|
50,000 – 59,999 |
$1,000 |
|
60,000 – 69,999 |
$1,100 |
|
70,000 – 79,999 |
$1,200 |
|
80,000 – 89,999 |
$1,300 |
|
90,000 – 100,00 |
$1,400 |
For buildings having a total square footage in excess of one hundred thousand square feet, the fee shall be equal to a base fee of fifteen hundred dollars. In the event the chief fire administrator deems it necessary to retain the services of a professional in connection with said inspection, any additional costs for said professional services shall be paid by the applicant prior to the issuance of any permit and certificate. (Ord. 2002-08 § 13, 2002; Ord. 95-47 § 2, 1995; Ord. 92-14 § 1, 1992; Ord. 90-35 § 1, 1990; Ord. 90-29 § 2, 1990; Ord. 90-15 § 1, 1990)
15.54.060 Forms.
The building department shall provide the forms for:
A. Application for inspection and issuance of a certificate of compliance.
B. Certificate of compliance.
C. Certificate of noncompliance.
D. Prior to issuance of any certificate of compliance as provided herein, the owner shall submit to the village a certified termite inspection report that is dated not later than sixty days prior to the date of submission.
E. In addition to all other requirements, the electrical service for any residential building shall be not less than one hundred amps with circuit breakers and the service must be approved by the village of Riverdale electrical inspector. (Ord. 2002-36 § 1, 2002; Ord. 91-7 § 1, 1991; Ord. 90-15 § 1, 1990)
15.54.070 Appeal.
Any owner or occupant or proposed new occupant aggrieved by the issuance of a noncompliance notice may appeal to the president and board of trustees by following the procedure established under the rules and regulations of the board; provided, that such application is made within ten working days of the date the notice was issued. (Ord. 90-15 § 1, 1990)
15.54.080 Penalty.
Any person, firm or corporation violating any provision of this chapter shall be fined not less than twenty-five dollars nor more than five hundred dollars for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 90-15 § 1, 1990)
15.54.090 Conflict.
A. Whenever a provision of this chapter is found to be in conflict with a provision of any other chapter of this code, existing on the effective date of this chapter, the chapter which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.
B. If any section, subsection, paragraph, sentence, clause or phrase of this chapter should be declared invalid, such decisions shall not affect the remaining portions of this chapter, which shall remain in full force and effect; and to this end the provisions of this chapter are hereby declared to be severable.
C. This chapter shall be in full force and effect. Any existing dwelling or part thereof not complying with the provisions of this chapter shall be brought into compliance by the owner thereof within not more than six months. (Ord. 90-15 § 1, 1990)
15.54.100 Ground-fault circuit-interrupter protection.
All one-hundred-twenty-volt, single phase, fifteen- and twenty-ampere receptacle outlets installed in bathrooms, lavatories, powder rooms, outdoor locations and garages and kitchens within six feet of sink areas shall have suitable ground-fault circuit-interrupter protection for personnel. (Ord. 2016-38 § 5, 2016; Ord. 92-12 § 1, 1992)