Transfer of Property
The transfer of property by the SSTS Ordinance Definition is,"the act of a party by which the title to property is conveyed from one person to another, where such transfer would require the filing of a Certificate of Real Estate Value (CRV). In the case of a contract for deed, the transfer is upon the filing of the initial contract for deed."
The Sale or Transfer of Property on which a dwelling is located, or a tract of land on which a structure is required to have an ISTS shall not be transferred unless the parties to the transaction have complied with the following:
1. A Certificate of Compliance, completed by a qualified employee, ISTS licensed inspector or Designer I, shall be provided by the seller to the buyer, and the Zoning Officer, at or before closing date.
2. If the seller fails to provide a Certificate of Compliance, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a complying ISTS. The security shall be placed in an escrow with a licensed real estate closer, licensed attorney at law, federal or state chartered financial institution. The amount escrowed shall be equal to 150% of a written estimate to install a complying ISTS provided by a licensed and certified installer, or the amount escrowed shall be equal to 110% of the written contract price for the installation of a complying ISTS provided by a licensed and certified installer. After a complying ISTS has been installed and a certificate of compliance issued, the Itasca County Zoning Department shall provide the escrow agent a copy of the certificate of compliance.
3. In the event the seller does not provide a certificate of compliance or an escrow deposit, the seller and buyer may establish a written agreement or contract to repair, replace or upgrade the existing system according to the terms of this Ordinance and Minnesota Rules Chapter 7080. After a complying ISTS has been installed a certificate of compliance shall be issued.
4. The buyer may accept total responsibility of the existing ISTS and shall be responsible for the necessary upgrading.