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Effective January 1, 2007 , all residential property conveyances (transfers or sales) within the City of Dayton shall be required to include a disclosure of open violation notices.  The information below is to explain the requirements and help you comply with this ordinance.

 

What is this Disclosure Ordinance?

This is a new ordinance requiring both the seller of any residential property to file a Certificate of Disclosure with the Housing Inspection Division.  This disclosure form must be filed with the Housing Inspection Division regardless of whether or not there are any outstanding violation notices on the property.

 

Where can I find the Certificate of Disclosure form?

The Certificate of Disclosure form can be found on the City of Dayton’s website.

www.cityofdayton.org.

 

What is the purpose of the Disclosure Ordinance?

To help ensure that any existing violation notices on the property get resolved satisfactorily.

 

How does the Disclosure Ordinance accomplish that?

The disclosure ordinance requires the addresses and phone numbers of the buyer, seller, real estate agent, title company, appraiser, and mortgage or lending institution assisting in the conveyance.  Any open violation notices must be disclosed so that they can be corrected prior to the sale or it confirms that the buyer is agreeing to make the listed repairs.

 

Can the property be sold with an open code violation notice?

Yes.  However the buyer is acknowledging that they will appeal the violation notice to the Housing Appeals Board within 10 days or make the necessary repairs within a reasonable time agreed upon with the inspector.  Failing to comply with the Legal Notice is a third degree offense punishable by up to a $500.00 fine and or 30 days incarceration.

 

Who has to file this Certificate of Disclosure?

The seller is responsible for the filing and signing below part A of the form.  The buyer must sign the completed form only if there are violation notices open on the property. 

 

Are there any exceptions?

Yes.  Section 93.54 (D) exempts sales or transfers made under the following circumstances:

(1)      Made pursuant to judicial orders;

 

(2)      Made to or by the state, a political subdivision of the state, or another government entity;

 

(3)   Made between spouses or former spouses as a result of a decree of divorce, dissolution of marriage, annulment, or legal separation or as a result of property settlement agreement incidental to a decree of a divorce, dissolution of marriage, annulment, or legal separation.

 

(4)      New construction; once the structural building permit has been finaled, the property is exempt for one (1) year from that approved date. 

 

Is there a cost for filing the Certificate of Disclosure?

Only if there is an open violation notice outstanding on the property.  If violation notices do exist, then a $60.00 filing fee is required.  If there are no violation notices, the filing of the disclosure form is free.    93.54 (C)

 

How do I know if violation notices exist?

Go to the City of Dayton ’s web site www.cityofdayton.org.  Under Notable Documents, go to Disclosure Ordinance.  By searching for the address of the property, you will be able to search for any open violation orders.

 

What do I do when I find the address?

The violations cited on any orders will appear in a list.  You can then select to print the Certificate of Disclosure and the violations will print as an attachment to the form.  Have both the buyer and seller sign the completed application and fax to (937) 333-4294 or mail to the following address:

 

Housing Inspection Division

Certificate of Disclosure

P.O. Box 22

Dayton OH  45401-0022

 

What if I can not find the address on your web site?

For newer structures, it is possible that we do not have the address in our Housing Inspection data base system yet.  If you do not find the address you are looking for, first check the parcel ID number.  All City of Dayton properties start with R72.  If your Montgomery County parcel ID number starts with anything but an R72, it is not within the City of Dayton . 

 

If your property does start with R72 and it does not appear in the search, call (937) 333-3977 and ask to speak to someone to obtain a Certificate of Disclosure form on a property not listed in the system.  They will take your information and research the address and get back to you within 48 hours.

 

When does the form need to be submitted?

The signed Certificate of Disclosure must be received at least three (3) days prior to the sale of the property.    93.54 (B)   However, the important thing is to file the disclosure form within 10 days after the closing.

 

Is there a penalty for not complying with this ordinance?

Yes.  For individuals, the first violation of this section is a minor misdemeanor, and any subsequent offense is a fourth degree misdemeanor.  A minor misdemeanor conviction carries a maximum fine of $150.00.  A fourth degree misdemeanor conviction carries a maximum fine of $250.00 and or incarceration of not more than 30 days.

 

For an organization convicted of violating this section, a minor misdemeanor conviction carries a maximum fine of $1,000.00, and a fourth degree misdemeanor conviction carries a maximum fine of $2,000.00.

 

Thank you for assisting us in making Dayton a safe and beautiful place to live, work, and play.