ORDINANCE AMENDING DULUTH CITY CODE SECTION 43-33.3 CONCERNING PROPERTIES
NOT HAVING A CERTIFICATE OF NONCONTRIBUTION.
city of Duluth does ordain:
43-33.3 of the Duluth City Code, 1959, as amended, is amended to read
Notification to buyers and mortgagees.
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;
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;
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
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
Identify the property;
The fact that there may be no valid certificate of noncontribution,
issued under this ordinance, in force for the property;
The fact that the property may not be in compliance with this Chapter
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;
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.
That this ordinance shall take effect and be in force 30 days after its
passage and publication.
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.