Township Officials Introduce Ordinance to Protect Home Buyers

Washington Township councilmen unanimously voted Monday to introduce an ordinance that would require an inspection of a house before a sale or rental to ensure there are no outstanding permits or safety issues. The intent is to protect the buyer or occupant from unforeseen problems and expenses.

If approved, the Certificate of Continued Occupancy (CCO) ordinance would require the seller to pay $200, which would cover two inspections. It also outlines a fine of $100 per day if the seller does not fix problems within the given time frame.

Councilman Richard Hrbek said he thought the fine sounded a little harsh, but Township Attorney Kenneth Poller pointed out that the fine would only kick in if the seller allowed a temporary certificate of occupancy to expire without remedying the situation.

Council President Fred Goetz said he was concerned that the ordinance did not include the entire property and just focused on the principle residence. He said detached garages or pool cabanas could have safety violations too.

But Hrbek said that including the premises could cause unnecessary headaches for property owners, such as requiring a shed that is one foot too close to the property line to be demolished.

"The intent was to protect the owner from not purchasing a property where there's outstanding permits," Hrbek said. "I think we're getting misguided here and trying to incorporate every little thing and that's a mistake. I think we're going to end up harming and doing the residents a disservice."

Poller said adding the word premises to the ordinance would require an inspection for any violation of regulations, which would include the misplacement of sheds and the like. He added, however, that if an inspector was there to look at the principle structure and saw a blatant violation in another area like a pool without fencing, he could inform the subcode official who could then take action.

All five councilmen voted to introduce the ordinance. The public hearing has been scheduled for the Oct. 17 meeting.