Mandatory disclosures upon the transfer of property

(a)

If the owner of property that is the subject of an enforcement proceeding before the CEB or a CESM transfers ownership of that property between the time that the initial pleading (notice of violation) is served and the time that a hearing has been scheduled, such owner shall:

(1)

Disclose the existence and nature of the proceedings in writing to the prospective transferee;

(2)

Deliver to the prospective transferee copies of any and all pleadings, including all notices of violation, affidavits of violation, and notices of any kind, including hearing notices received by the transferor prior to the transfer; and

(3)

Disclose in writing to the prospective transferee that the new owner will be responsible for compliance with the applicable code provisions and any order(s) issued in the CEB or CESM proceeding.

(b)

File a notice with the secretary of the transfer of the property, identifying the new owner by full name(s) and address and attaching copies of the disclosures made to the new owner no later than five (5) days from the date of transfer or closing.

(c)

Failure to make the disclosures required by this section before the transfer of the property shall create a rebuttable presumption of fraud.

(d)

If the property is transferred to a bona fide purchaser for value in an arm's length transaction before the hearing, the proceedings will not be dismissed but the new owner will be provided a reasonable time period to correct the violations previously cited before the hearing is held.

(Ord. No. 2015-50, § 19, 4-16-15)