NUMB:
971577
VERS:
SUBSTITUTE 1
REF:
XXBY:
THE CHAIR
TITL:
A substitute ordinance relating to certificate of exterior code compliance regulations.
SECS:
200-55-1-b am
200-55-1-e rn
200-55-1-e cr
200-55-1-f rn
200-55-1-f am
200-55-1-g rn
200-55-1-h am
200-55-2-a am
200-55-2-b rc
200-55-3-f am
200-55-4 am
200-55-6-c-1 am
ANLS:
- Analysis -
This ordinance revises and clarifies certificate of exterior 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 200-55-1-b of the code is amended to read:
200-55. Certificate of Exterior Code Compliance.
1. DEFINITIONS.
b. "Certificate of exterior 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 exterior condition of the dwelling is in compliance with the building maintenance code.
Part. 2. Section 200-55-1-e to g of the code is renumbered 200-55-1-f to h.
Part. 3. Section 200-55-1-e of the code is created to read:
e. "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. 4. Section 200-55-1-f and h of the code is amended to read:
f. "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.
h. "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 conveyance of a one-or 2- family dwelling.
Part 5. Section 200-55-2-a of the code is amended to read:
2. CERTIFICATE OF EXTERIOR 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 city outside the designated reinvestment areas of the city specified in s. 200-52-2-d shall allow others to occupy the property after the time of sale >>, transfer or conveyance<< without having first applied for a certificate of exterior code compliance.
Part 6. Section 200-55-2-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 city outside the designated reinvestment areas of the city specified in s. 200-52-2-d shall expressly inform any person acquiring or receiving an ownership interest in a property that a certificate of exterior code compliance is required by the city.
Part 7. Section 200-55-3-f of the code is amended to read:
3. EXCEPTIONS.
f. Sale >>, transfer<< or conveyance of property for which a valid certificate of exterior code compliance is still in effect.
Part 8. Section 200-55-4 of the code is amended to read:
4. APPLICATION FOR INSPECTION. When a certificate of exterior code compliance is required for the sale >>, transfer<< or conveyance of a one- or 2-family dwelling, an application for inspection shall be filed within 60 days of the sale >>or transfer<< of the property with the department on forms provided by the department. The application may be signed by the buyer or seller 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. 200-33-7.5.
Part 9. Section 200-55-6-c-1 of the code is amended to read:
6. ENFORCEMENT.
c. Reinspection. c-1. The department shall reinspect the premises as necessary to determine that the recorded code violations have been satisfactorily corrected. [[No charge shall be made for the first reinspection, but a fee as provided for in s.200-33-48 shall be paid for each additional reinspection.]] >>A reinspection fee may be charged in accordance with s.200-33-48.<<
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:
LRB97665.2
BJZ:dw
1/28/98