Ordinance 2336-98 - Laserfiche WebLink

Part IV. Consumer Protections. Section 4.1. Mandatory Housing Code Inspection and Repair: Notice to Buyers and Tenants. Prior to delivery of the 120 day notice described in paragraph 3.2 above, developers shall, at their expense, request a Housing Code inspection of the entire building by the Everett Building Department. The inspection shall be completed within 45 days of a developer's request. The inspection for compliance shall be completed within 7 days of a developer's request unless the developer fails to provide or refuses access to Building Department personnel. All violations of the Housing Code revealed by the inspection must be corrected at least seven days prior to the closing of the sale of the first unit or by the compliance date on the inspection report, whichever is sooner. A copy of the Building Department's inspection report and certification of repairs shall be provided by the developer to each prospective purchaser at least seven days before the signing of any earnest money agreement or other binding purchase commitment. Copies of the inspection report shall be delivered to tenants in the converted building by the developer with the notice of sale as provided in Section 3.2. Section 4.2. Building Department Certification of Repairs. For the protection of the general public, the Building Department shall inspect the repairs of defective conditions identified in the inspection report and certify that the violations have been corrected. The certification shall state that only those defects discovered by the Housing Code inspection and listed on the inspection report have been corrected and that the certification does not guarantee that all Housing Code violations have been corrected. Prior to closing any sale the developer shall deliver a copy of the certificate to the purchaser. No developer, however, shall use the Building Department's certification in any advertising or indicate to anyone, in any fashion, for the purpose of inducing a person to purchase a condominium unit, that the City or any of its departments has "approved" the building or any unit for sale because the City has certified the building or any unit to be in any particular condition. Section 4.3. Unlawful Representations. It shall be unlawful for any developer, agent, or person to make or cause to be made in any disclosure or other document required by this Ordinance any statement or representation that is knowingly false or misleading. It is also unlawful for any developer, agent, or other person to make, or cause to be made, to any prospective purchaser, including a tenant, any oral representation which differs from the statements made in the disclosures and other documents required to be provided tenant and purchasers by this Ordinance. Section 4.4. Purchaser's Right to Rescind. 5