85-84 New sect 1603.321 Regional Bldg Code - Multiple fam dwellings

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CkRDI~ SD. 85-84 ~: Brown, Chinnock, Gallagher, Graham, McBride, Wendl ing AN ~~ ORDINANCE to supplement Division B of Chapter 3 of the Regional Building Code of the Codified ~rdinances of the City of Lakewood relating tothe furnishing of a Certificate of Occupancy in the transfer of title of Multiple Family Dwellings by enacting new Section 1603.321. WHEREAS, it has been determined that an increasing number of Multiple Family Dwellings have transferred without a Certificate of Occupancy issued by the Building Department and, WHEREAS, while under current law th~ responsibility for obtaining a Certificate of Occupancy rests with the owner of the premises, many owners are not aware of such requirement and, WHEREAS, Council is of the opinion that the responsibility of obtaining a certificate of Occupancy should rest also with the escrow agent who should be more familiar with the legal requirements for the transfer of real property and, WHEREAS, this ordinance ocx~titutes an emergency measure providing for the immediate preservation of the public health, safety, and welfare; now, therefore, Section 1. That Division "B" of Chapter 3 of the Regional Building Oode of the Oodified Ordinances of the City of r~kewood shall be and the same is hereby supplemented by enacting new Section 1603.321 to read as follows: 1603.321 Duties of Escrow A~ent. No person, firm or corporation acting in the calm~citY of ~n e~crow agent in any real estate transaction involving the sale of Multiple Dwellings as classified in Section 1621.04 shall transfer title or distribute f~ads until there has been deposited in escrow an acknowledgement from the buyer of the receipt of a oopy of the Certificate of Occupancy required by Section 1603.32 and the provisions of said Section 1603.32 have been oomplied with. Whoever fails to c~mply with the provisions of this section shall be deemed guilty of a ~%isde~r of the fourth degree. Section 2. It is found and determined that all formal acticx~s of this Oouncil oc~cerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Oouncil and any of its cc~m.~ttees that resulted in such formal action, were in meetings open to the public, in oDmpliance with all legal requirements including the City's Charter and Oodified Ordinances and Section 121.22 of the Ohio Revised Code. Section 3. This ordinance is hereby declared to be an emergency measure for the reasons set forth and defined in the preamble hereof; and provided it receives the affirmative vote of two-thirds of all m~n~bers elected to Oouncil, this ordinance shall take effect and be in force immediately upon its adoption and approval by the Mawr; otherwise, it shall take effect ar~ be in force from and after the earliest period allowed by law. V ! ~ / /MAYOR