§ 51.10. POINT OF SALE PRIVATE WELL COMPLIANCE.

No owner of a property served by a private well located in the city shall transfer such property by conveyance or contract for conveyance without providing for an inspection of the well by a state-licensed inspector prior to the time of sale. The owner of the property must disclose in writing, to the buyer, all known information about the status and location of any private wells on the property.

(A)TIME OF SALE shall mean the date of full execution of a written purchase agreement, or, in the absence of a fully executed purchase agreement, the date of full execution of a contract, or the date of full execution of any document providing for the conveyance by deed or contract, whichever occurs first.

(B) If the seller fails to provide a Certificate of Compliance issued by the state-licensed inspector and filed with the city, buyer and seller shall arrange for deposit of sufficient security in the form of an escrow agreement, in a form approved by the city, to assure the installation of a complying private well, or connection to city water and city sewer services, if available, as required by City Code provisions.

(C) This escrow procedure, along with a signed Affidavit of Understanding with the city, may be used to allow for a transfer of property to occur during winter months, until such time conditions allow for the inspection to be performed.

(Ord. 2011-7-1, passed 7-12-2011; Am. Ord. 2012-11-2, passed 11-13-2012)