SECTION 1. INSPECTION AND CERTIFICATION REQUIRED
1.1 No person or entity
shall transfer to any other person or entity, nor accept from any
other person or entity,
the title to any residential real property
until such premises have been inspected and examined to the
satisfaction of the Public Health Director and the Public Health
Director has issued a certificate or
certificates approving the
supply as being potable and the sewage disposal system as meeting
discharge
standards established by the Director or Board of Health.
The certificate or certificates issued by the Public
Health Director
subsequent to the inspection and examination shall be valid for a
period of six (6) months
from the date of the inspection and
examination.
1.2 The owner of record at the time of the
inspection and examination is the party responsible for any
deficiencies of the water supply system or the sewage disposal
system.
For the purposes of
this Article, "residential real property" shall mean real property
occupied or to be
occupied as a single or multi-family dwelling,
excluding temporary or seasonal dwellings which are
occupied for
less than (60) days in any calendar year.
SECTION 2. INSPECTION AND CERTIFICATION NOT REQUIRED
FOR THE FOLLOWING TYPES OF TRANSFERS:
2.1 Transfers of vacant land, not improved or
utilized for human occupancy or dwelling.
2.2 Transfers in foreclosure actions and deeds given
in lieu of foreclosure.
2.3 Transfers in with a partition action under
Article 9 of Real Property Actions and Proceedings Law.
2.4 Transfers pursuant to Article 11 of the United
States Code.
2.5 Transfers of property to any property owner's
spouse, children, mother, father, sister or brother.
2.6 Transfers of properties acquired by a
governmental assessing unit as the result of tax enforcement
proceedings.
2.7 Transfers of an interest in property by land
contract.
2.8 Transfer of property serviced by an approved
public water supply as defined under Part 5 of the New York
State
Sanitary Code and by a municipal or other special public sewer
service district provided all
wastewater originating in the dwelling
discharges to such municipal or public sewer service district. If
the
transferred property is served by either a public water supply
or a municipal or other special public sewer
service district, but
not both, an inspection and certificate is required for the private
system unless
exempted hereunder.
SECTION 3. ISSUANCE OF CONDITIONAL CERTIFICATION
3.1 Certain conditions, such as building vacancy,
deep snow, or tall grass, may necessitate a provisional
inspection.
The Public Health Director shall issue a conditional certification
based on information available
at the of the provisional inspection
and provided that the parties to the transaction have agreed in
writing
which party will be financially responsible for the cost of
remediating any sewage disposal system
deficiencies discovered at
the time of the complete inspection. A complete inspection shall be
made when
conditions allow or the system has been in use for a
specified period of time to be determined by the
Allegany County
Department of Health. If the sewage disposal system is found to be
in violation, then the
owner of record at the time of the complete
inspection shall be responsible for correction of any violation.
SECTION 4. STANDARDS FOR POTABLE WATER
4.1 In areas where public water service is not
available, the person offering the property for sale or transfer
shall provide a water supply which to microbiological standards for
potable water and should implement
any recommendations prescribed by
the Public Health Director to bring the water system into compliance
with the standards contained in 10NYCRR Part 5.
SECTION 5. VIOLATIONS AND PENALTIES
5.1 Pursuant to Article I, Section 11.1 of the
Sanitary Code, any non-compliance or non-conformance with any
provision of this Sanitary Code, or of a rule or regulation, duly
made hereunder, shall constitute a violation,
punishable for a first
offense by a fine of not more than One Thousand Dollars ($1,000.00).