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3.31 - Certificate of Inflow and Infiltration ("I&I") Compliance 93.31 Section 3.31: Certificate of Inflow and Infiltration ("1&1") Compliance Subdivision 1. Required No person shall sell, advertise for sale, give or transact a change in title or property ownership of real property with one (1) or more buildings or structures, without first obtaining a certificate of 1&1 compliance from the City or complying with Subd. 5 hereof. Source: Ordinance No. 370, 2nd Series Effective Date: 5-25-07 Subdivision 2. Application and Fees A. Unless the property owner already has a certificate of 1&1 compliance for a property, the owner or owner's representative is required to apply for a certificate and complete an inspection thereof before such property is offered for sale, gifted or transferred, and before the owner or owner's representative enters into any contract for deed or other transaction changing the party responsible for the property. Even if the property owner already has a certificate of 1&1 compliance, if it is more than one (1) year old, a sump pump inspection is required for all properties containing sump pumps. Source: Ordinance No. 405, 2nd Series Effective Date: 08-29-08 B. At the time of application, the applicant for either a certificate of 1&1 compliance or a sump pump inspection shall pay the appropriate application fee. Such fees shall be set from time to time by the City. Source: Ordinance No. 370, 2nd Series Effective Date: 5-25-07 Subdivision 3. Inspection The applicant for a certificate of 1&1 compliance or sump pump inspection is responsible for providing an inspection of the property after making application and payment of fees. An inspection shall be made either 1) by the City or 2) by a licensed plumber to determine whether the property use is in accordance with City sanitary sewer service regulations, as provided in Section 3.30 of this Chapter. The entire property and all buildings on the property shall be made available for inspection. Source: Ordinance No. 405, 2nd Series Effective Date: 08-29-08 Golden Valley City Code Page 1 of 3 S 3.31 Subdivision 4. Compliance and Expiration A. Upon inspection, when the property use is in accordance with City sanitary sewer services regulations, a certificate of 1&1 compliance will be issued by the City. Source: Ordinance No. 370, 2nd Series Effective Date: 5-25-07 6. A Certificate of 1&1 compliance is valid to be used for the transfer of property. C. The certificate of 1&1 compliance must be conspicuously displayed on the premises at all times when the property is being shown for sale and the owner is responsible for informing any potential buyers, gift recipients or other persons to whom he or she intends to transfer title as to his receipt of the certificate of 1&1 compliance. D. If, within one (1) year of the issue of a certificate of 1&1 compliance, the owner named on the certificate of 1&1 compliance does not agree to an inspection of the structure's sump pump, footing or foundation drain discharge, or furnish a certificate from a licensed plumber in a form acceptable to the City as described in Section 3.30, subd. 3, sections (6) and (C), certifying that the property is in compliance with this Chapter, when required by Section 3.30, subd. 3(6) of this Chapter, the certificate is immediately void. Such inspections trigger the administrative sanctions found in Section 3.30, subd. 3 of this Chapter. Source: Ordinance No. 405, 2nd Series Effective Date: 08-29-08 Subdivision 5. Correction Notice If an inspection discloses that use of a property is not in accordance with City sanitary sewer service regulations, a correction notice may be issued by the City permitting the transfer of property, providing; A. An agreement by the owner or owner's representative has been executed with the City, whereby the owner or owner's representative agrees to complete corrections to the property necessary to bring it within compliance of the City sanitary sewer service regulations, Section 3.30 of this Chapter within sixty (60) days of the transfer of property. 6. A security to ensure completion of any corrections to the property must be posted with the closing agent in the form of an escrow, or with the City when a closing agent is not involved, at the time of property transfer or closing. The security shall be in an amount at least equal to one hundred twenty-five percent (125%) of the retail value of the work necessary for compliance with this Section. The escrow must be fully maintained until a certificate of 1&1 compliance is issued. A correction notice shall not be issued for more than one hundred eighty (180) days following the first inspection of the property, Golden Valley City Code Page 2 of 3 9 3.31 but it may be extended for additional periods up to one hundred eighty (180) days each by the City Manager's designee. The owner (or transferor) and any real estate agents involved in the transaction are responsible for disclosing the correction notice to the transferee and all other persons or entities involved in the transaction. The responsibility for repairing any nonconformance with the sanitary sewer service regulations runs with the land and not only rests with the owner or transferor but is also an obligation of the transferee(s) of the property. Source: Ordinance No. 370, 2nd Series Effective Date: 5-25-07 Subdivision 6. Sanctions At all times during the certification process, the owner is responsible for any sanctions or surcharges under Section 3.30, subd. 4 of this Chapter. Source: Ordinance No. 351, 2nd Series Effective Date: 10-13-06 Subdivision 7. Repeated Inspection Upon inspection, when the property use is not legal in accordance with City sanitary sewer service regulations, the owner shall be entitled to a second inspection to be scheduled within ninety (90) days of the original inspection. If, as a result of this inspection, the City inspector determines (or a licensed plumber certifies and the certified videotape is determined by the City to be compliant) that all violations of City sanitary sewer regulations have been corrected, the City shall immediately issue a certificate of 1&1 compliance. Source: Ordinance No. 405, 2nd Series Effective Date: 08-29-08 Subdivision 8. Previously Issued Certificates Certificates of sewer regulations compliance issued under prior laws between January 1, 2007 and May 31, 2007 shall have the same force and effect as certificates of 1&1 compliance issued under this section 3.31. Temporary certificates of sewer regulations compliance issued under prior laws between January I, 2007 and May 31, 2007 shall have the same force and effect as provided under prior laws. Source: Ordinance No. 370, 2nd Series Effective Date: 5-25-07 Golden Valley City Code Page 3 of 3