NUMB:
970941
VERS:
ORIGINAL
REF:
XXBY:
THE CHAIR
TITL:
An ordinance relating to certificate of code compliance regulations.
SECS:
200-52-1 am
200-52-2-c am
200-52-2-g rn
200-52-2-g cr
200-52-2-h rn
200-52-2-h am
200-52-2-i am
200-52-3-a am
200-52-3-b rc
200-52-4-0 am
200-52-4-b am
200-52-4-f am
200-52-5 am
ANLS:
- Analysis -
This ordinance revises and clarifies certificate of code compliance regulations so that regulations will cover transfers of any ownership interests in property to corporations, partnerships and limited liability companies as well as sales and conveyances of properties between individuals.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-52-1 of the code is amended to read:
200-52. Certificate of Code Compliance.
1. POLICY. The common council declares that its purposes in adopting these provisions are: to forewarn and protect buyers against dangerous or unsatisfactory housing conditions: to preserve the existing housing stock; to prevent the deterioration of residential buildings that may result in substantial depreciation of property values in the neighborhood; and to implement an effective method of enforcing the city's building maintenance code developed to ensure basic standards of livability and habitability as well as to enhance the quality of life in an urban environment. It is the intent of the common council that this section apply to any sale >>, transfer<< or conveyance of ownership of real property involving any change in the form of ownership of the property.
Part 2. Section 200-52-2-c of the code is amended to read:
2. DEFINITIONS.
c. "Certificate of code compliance" means a written and signed [[evaluation]] >>statement<< prepared by the commissioner after an inspection [[of the dwelling]] has been made, [[informing the buyer or prospective buyers]] that [[the]] >>a<< dwelling is in compliance with the building maintenance code.
Part 3. Section 200-52-2-g and h of the code is renumbered 200-52-3-h and i.
Part 4. Section 200-52-2-g of the code is created to read:
g. "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.
Part 5. Section 200-52-2-h and i of the code is amended to read:
h. "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<< [[title]] >>ownership interest,<< the execution of a land contract or the exercise of an option to purchase property.
i. "Time of sale >>,transfer or conveyance<<" means the time when a written purchase agreement is executed by the buyer; in the absence of a purchase agreement, it shall mean the time prior to the execution of any document providing for the >>transfer or<< conveyance of a one-or 2-family dwelling in the designated reinvestment areas.
Part 6. Section 200-52-3-a of the code is amended to read:
3. CERTIFICATE OF CODE COMPLIANCE REQUIRED. a. No [[buyer]] >>person acquiring an ownership interest as a result of a sale, transfer or conveyance<< of a one-or 2-family dwelling within the designated reinvestment areas of the city of Milwaukee shall occupy or rent the property after the time of sale >>, transfer or conveyance<< without having first secured a certificate of code compliance.
Part 7. Section 200-52-3-b of the code is repealed and recreated to read:
b. Any person selling, transferring or conveying an ownership interest in a one or 2-family dwelling within the designated reinvestment areas shall expressly inform any person acquiring or receiving an ownership interest in a property that a certificate of code compliance is required by the city.
Part 8. Section 200-52-4-0, b and f of the code is amended to read:
4. EXCEPTIONS. This section shall not apply to the sale >>, transfer<< or conveyance of ownership of any one- or 2-family >>dwelling<< in the designated reinvestment areas:
b. To a sale of such other transfer [[of]] >>or<< title by a sheriff, constable, marshall or other public or court officer in the performance of his official duties.
f. To the sale >>, transfer<< or conveyance of property for which a valid certificate of code compliance is still in effect.
Part 9. Section 200-52-5 of the code is amended to read:
5. APPLICATION FOR INSPECTION. When a certificate of code compliance is required for the sale >>, transfer<< or conveyance of a one- or 2-family dwelling within the designated reinvestment areas, an application for inspection shall be filed with the department on forms provided by the department. The application shall be signed by the owner and it shall state the street address of the dwelling to be inspected. The application for inspection shall be accompanied by the payment in full of the fee required in s. 200-33.
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:
LRB97513.1
BJZ:bsw
9/15/97
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