A. Prohibition. It shall be unlawful and a violation of the Ashland Municipal Code, for the Conveyance of Real Property to occur for any real property located within the City of Ashland in violation of the requirements of this Section, including specifically documented compliance with the Disclosure, Removal/Disposal and Certification requirements set forth herein. The fine for violation of any provision of this Section shall be a minimum of $250.00 and a maximum of $500.00 excluding any required state and local assessments.
Seller and Buyer shall use the standard Disclosure Certificate form, attached as Appendix A, as such form may be revised from time to time by Order of the City of Ashland Electric Department.
B. Removal and Disposal. Except as otherwise provided for herein, all noncertified wood stoves and fireplace inserts shall be permanently removed from buildings or structures located on real property within the City of Ashland on or before the Conveyance of Real Property containing such noncertified devices. If the seller has assumed responsibility for removal, then such removal shall be completed on or before the closing date or title transfer date of the real property, whichever occurs first. If the Buyer has assumed responsibility for removal, or should the seller fail to remove the noncertified device(s), for any reason whatsoever, then buyer shall complete the removal within thirty (30) calendar days after closing or title transfer date, whichever is earlier. Proper disposal of the noncertified device(s) shall be evidenced by a receipt from a DEQ regulated landfill or a business licensed to recycle scrap metal. The removal of the noncertified device(s) shall be evidenced by a Removal Certificate executed by the buyer, with buyer certifying, under penalty of perjury and false swearing, that all noncertified devices referenced on the Disclosure Certificate have been removed and properly disposed of as required in this Section. The Removal Certificate shall be executed by buyer as early as possible after removal and disposal but in no case more than thirty (30) days after closing or transfer of title. Within thirty (30) days of the closing or transfer of title date, the buyer or buyer’s designee, shall submit a true copy of the executed and acknowledged Disclosure Certificate and Removal Certificate and receipt for disposal to:
City of Ashland Conservation Division
Community Development Center
51 Winburn Way
Ashland, Oregon 97520
Buyer shall use the standard Removal Certificate form attached as Appendix B, as such form may be revised from time to time by Order of the City of Ashland Electric Department. (Ord. 2954, amended, 05/06/2008; Ord. 2936, added, 03/23/2007)