04-014-O

ORDINANCE NO. __________

AN ORDINANCE AMENDING DULUTH CITY CODE SECTION 43-33.3 CONCERNING PROPERTIES NOT HAVING A CERTIFICATE OF NONCONTRIBUTION.

BY COUNCILOR REINERT:

The city of Duluth does ordain:

Section 1. That Section 43-33.3 of the Duluth City Code, 1959, as amended, is amended to read as follows:

Sec. 43-33.3. Notification to buyers and mortgagees.

(a) This Section 43-33.3 applies to the transfer or encumbrance of interests in property, which is required to be served by the city sewer, as set out in Section 43-16, or its successor, for which property no valid certificate of noncontribution has been issued and is in force;
(b) Within 30 days before, or at the time of, a transfer of title, or an encumbrance by mortgage, or a transfer of an interest in, or the entering into of a contract for deed for, or contract for sale of, or a real estate transaction closing set by provisions of a previous purchase agreement of a property described in (a) above a written notice must be given;
(c) The notice referred to in (b) above must be given by the owner or seller, or agent of owner or seller, or personal representative of the owner or seller, or each mortgagor, or an agent of a mortgagor, and it must be given to each buyer, each mortgagee, each recipient of an interest in the property, and the building official of the city of Duluth or the building official's designee;
(d) The notice referred to in (b) and (c) above shall be written, in a form acceptable for recording by the St. Louis County recorder of deeds and in the form of a sworn affidavit. It shall contain the following information:
(1) Identify the property;
(2) The fact that there may be no valid certificate of noncontribution, issued under this ordinance, in force for the property;
(3) The fact that the property may not be in compliance with this Chapter 43;
(4) That under this ordinance the city has the authority to require inspection of the property by the city and remediation actions by the owner, which can include disconnection and repair of drains, so that the property comes into compliance;
(5) That, in addition to costs of remediation, and the monthly surcharge for noncompliance, as set in accordance with Section 31-6(a) of this Code, the maximum penalty for noncompliance is that set out in D.C.C. 1-7, currently $1,000 each day of noncompliance.

Section 2. That this ordinance shall take effect and be in force 30 days after its passage and publication.


STATEMENT OF PURPOSE:  These changes limit the applicability of the notice provision to transactions that involve transfer of title, so that the notice would not be required in a refinancing and only the owner or seller would be responsible for giving the notice, not the seller's agent.