39-18 - Eliminating warrantless searches

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shall be repealed, and new Section 1306.53, Furnishing Certificate to Purchaser of Multiple Dwell- ings /Certificate to Purchaser of One or More Rental Units, shall be enacted to read as follows: 1306.53 FURNISHING CERTIFICATE TO PURCHASER OF MULTIPLE DWELLINGS /CERTIFICATE TO PURCHASER OF ONE OR MORE RENTAL UNITS. (a) Whoever sells, conveys, leases or otherwise transfers an interest in real prop- erty, which has situated thereon a rental dwelling structure, shall secure a certifi- cate of code compliance from the Building Commissioner and shall furnish said certificate to the purchaser, lessee or transferee prior to the execution of the land contract or the delivery of the deed, lease or conveyance. Whoever sells, conveys, or otherwise transfers an interest in any structure, which has situated thereon any rental dwelling unit or dwelling unit that has been rented or leased to any person within the 24 months preceding the conveyance or transfer, shall secure a certifi- cate of code compliance from the Building Commissioner and shall furnish said certificate to the purchaser or transferee prior to the recording of the land contract or the delivery of the deed or conveyance, whichever shall first occur. (b) This section shall have no application to lawful one- and two - family struc- tures or condominium units occupied by the owner as the owner's principal resi- dence at the time of the conveyance or transfer and for the 24 months preceding the conveyance or transfer. (c) Whoever fails to comply with the provisions of this Section shall be guilty of a misdemeanor of the first degree. Section 4. Section 1306.54, Duties of Escrow Agent, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 1306.54 DUTIES OF ESCROW AGENT. No person, firm or corporation acting in the capacity of an escrow agent in any real estate transaction involving the sale of any rental dwelling structure or dwell- ings requiring a housing license pursuant to Section 1306.43 shall transfer title or distribute funds until there has been deposited in escrow an acknowledgment fiom the buyer of the receipt of a copy of the Certificate of Occupancy required by Section 1306.53, housing license required by Section 1306.43, and the provisions of Section 1306.53 have been complied with. Whoever fails to comply with the provisions of this Section shall be deemed guilty of a misdemeanor of the fourth degree. shall be repealed, and new Section 1306.54, Duties of Escrow Agent, shall be enacted to read as follows: 1306.54 DUTIES OF ESCROW AGENT. No person, firm or corporation acting in the capacity of an escrow agent in any real estate transaction involving the sale of any rental dwelling structure or dwell- ings requiring a housing license pursuant to Section 1306.43 shall transfer title or distribute funds until there has been deposited in escrow an acknowledgment from the buyer of the receipt of a copy of the certificate of code compliance required by Section 1306.53, housing license required by Section 1306.43, and the provi- sions of Section 1306.53 have been complied with. Whoever fails to comply with the provisions of this Section shall be deemed guilty of a misdemeanor of the fourth degree. Section 5. Subsection (w) of Section 1103.02, Definitions, of the Codified Ordinances of the City of Lakewood, currently reading as follows: