NUMB:
980209
VERS:
SUBSTITUTE 1
REF:
XXBY:
ALD. NARDELLI
TITL:
A substitute ordinance relating to the transfer of health department and department of building inspection orders to correct violations to new owners of investor-owned residential properties.
SECS:
59-10 cr
59-11 cr
200-12.7 cr
ANLS:
- Analysis -
This ordinance requires any person selling, transferring or conveying an ownership interest in a residential property that is investor-owned at the time of such sale, transfer or conveyance to expressly inform any person acquiring or receiving an ownership interest in the property of any outstanding orders to correct violations of ch. 66 (toxic and hazardous substances), ch. 80 (nuisances) or the building and zoning code. It also provides that whenever there is a change in ownership of an investor-owned residential property, and that property has outstanding orders to correct violations of the specified chapters, the department of building inspection shall not grant an extension of the time period for compliance solely on the basis of the transfer of ownership.
BODY:
Whereas, Investor-owned single-family and duplex properties accounted for 66% and 63% of all single-family and duplex properties with department of building inspection orders in 1994 and 1997, respectively, even though investor-owned properties accounted for only one-fifth of the total number of single-family and duplex properties in those years; and
Whereas, Correction of health and building code violations on investor-owned residential properties is often delayed by changes in ownership of such properties; and
Whereas, This problem could be rectified by requiring that orders to correct health and building code violations on an investor-owned residential property be automatically transferred to the new owner of any such property at the time of sale, with no extension in the time for compliance permitted solely on the basis of the transfer of ownership; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 59-10 of the code is created to read:
59-10. Order Effective Against Subsequent Owner. Any order to correct violations of ch. 66 or ch. 80 shall be effective against anyone having an interest in the premises to which the order applies at the time the order was issued, regardless of whether such interest was recorded, and shall be effective against any subsequent owner of the premises as long as the violation exists and there remains a city record of the order in a public file maintained by the commissioner.
Part 2. Section 59-11 of the code is created to read:
59-11. Transfer of Orders to New Owner of Investor-Owned Residential Property. 1. DEFINITIONS. In this section:
a. "Investor-owned" means that no owner of the premises has domiciled there for at least the last 60 consecutive days.
b. "Person" includes an individual, a partnership, a domestic or foreign limited liability company, a trust, an estate, an association, a corporation or any other legal or commercial entity.
c. "Residential property" means any premises containing a one-, 2-, or multi-family dwelling, or condominium.
d. "Sale, transfer or conveyance of ownership" means to transfer any ownership interest in a dwelling except by mortgage, gift, devise, bequest or lien foreclosure. The sale or transfer shall be deemed to occur upon the transfer of an ownership interest, the execution of a land contract or the exercise of an option to purchase property.
2. NOTIFICATION OF OUTSTANDING ORDERS TO BE PROVIDED TO NEW OWNER. Any person selling, transferring or conveying an ownership interest in a residential property that is investor-owned at the time of such sale, transfer or conveyance shall expressly inform any person acquiring or receiving an ownership interest in the property of any outstanding orders to correct violations of ch. 66 or ch. 80.
3. TRANSFER OF ORDER TO NEW OWNER. In accordance with the provisions of s. 59-10, whenever an ownership interest in a residential property is sold, transferred or conveyed, and such property is investor-owned at the time of such sale, transfer or conveyance and has one or more outstanding orders to correct violations of ch. 66 or ch. 80, any person acquiring or receiving an ownership interest in the property shall be liable for compliance with each such order within the time period prescribed by the department. No additional extensions to the period for compliance shall be granted solely on the basis of the transfer of ownership.
Part 3. Section 200-12.7 of the code is created to read:
200-12.7. Transfer of Orders to New Owner of Investor-Owned Residential Property. 1. DEFINITIONS. In this section:
a. "Investor-owned" means that no owner of the premises has domiciled there for at least the last 60 consecutive days.
b. "Person" includes an individual, a partnership, a domestic or foreign limited liability company, a trust, and estate, an association, a corporation or any other legal or commercial entity.
c. "Residential property" means any premises containing a one-, 2-, or multi-family dwelling, or condominium.
d. "Sale, transfer or conveyance of ownership" means to transfer any ownership interest in a dwelling except by mortgage, gift, devise, bequest or lien foreclosure. The sale or transfer shall be deemed to occur upon the transfer of an ownership interest, the execution of a land contract or the exercise of an option to purchase property.
2. NOTIFICATION OF OUTSTANDING ORDERS TO BE PROVIDED TO NEW OWNER. Any person selling, transferring or conveying an ownership interest in a residential property that is investor-owned at the time of such sale, transfer or conveyance shall expressly inform any person acquiring or receiving an ownership interest in the property of any outstanding orders to correct violations of this code.
3. TRANSFER OF ORDER TO NEW OWNER. Provided notice has been effected in accordance with the provisions of s. 200-12, whenever an ownership interest in a residential property is sold, transferred or conveyed, and such property is investor-owned at the time of such sale, transfer or conveyance and has one or more outstanding orders to correct violations of this code, any person acquiring or receiving an ownership interest in the property shall be liable for compliance with each such order within the time period prescribed by the department. No additional extensions to the period for compliance shall be granted solely on the basis of the transfer of ownership.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB98165.2
JDO
7/20/98
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