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004 GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS LOUIS J. VIGLOTTI JOAN F. GARRETT** THOMAS R. DAVIS VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP AITORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS. NEW YORK 12590 (845) 298-2000 FAX (845) 298-2842 OF COUNSEL: IRA A. PERGAMENT LEGAL ASSISTANTS: AMY E. DECARLO LISA MARTELL e-mail: VSRP@BestWeb.net KAREN P. MACNISH KEVINT.McDERMOTT STEVEN K. PATTERSON JAY B. RENFRO POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (845) 452-1046 . ADMfITED TO PRACTICE IN NY & FLA. "ADMITTED TO PRACTICE IN NY & CONN. PINE PLAINS OFFICE 2990 CHURCH ST. P.O. BOX 21 PINE PLAINS, NY 12567 (518) 398-9857 ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS ( ) PINE PLAINS VIA FACSIMILE (297-4558) AND REGULAR MAIL April 16,2003 Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Gina Basile Re: General Town Board General Building Department File No. 12951.0001 File No. 12951.0008 Dear Gina: My apologies. I started to my response to your questions over a week ago and somehow got side-tracked. Ouestion: When someone applies for a C/O search, does the Building Inspector need to notify the lot owner of the search? Can the Building Inspector just show up? Is notification requirement by law? Answer: As a general rule, C/O searches are requested in connection with the sale or re- mortgaging of real property. If the C/O search is requested in connection with a sale, almost certainly there will be a clause in the real estate contract authorizing the purchaser to make the necessary searches. I am enclosing two pages of a standard "Blumberg" real estate contract and refer you to Paragraph 10. Secondly, I am enclosing Paragraph 11 of our firm's standard purchaser's rider which is attached to all real estate contracts. 0:\ W APPINGE\ToWll Board\I-GeneralTB\04l603-questions.doc DICTATED BUT NOT PROOF READ BY ALBERT P. ROBERTS However, when property owners are refinancing, the title companies routinely request a C/O search because it is a requirement of virtually every lender. If the Enforcement Officer is going to enter onto private property to conduct the search, permission must be granted. If they do not enter private property (i.e. viewing the premises from the road), then no permission is required. These complications have arisen because the Town went from examining its internal records to determine if there were any violations on record to doing actual inspections. Consequently, unless actual authorization to enter is provided to the Enforcement Officer (Zoning Administrator, Building Inspector, Fire Inspector) then the only inspection that can be undertaken is of the internal records ofthe Town or an external inspection viewed from the road. Question: Does the Building Inspector have the authority to change the purpose of a building permit? Answer: The example you gave - person gets building permit for family room; building inspector changes building permit to storage room; person is now trying to sell house with family room and Town records only indicate that she has permission for storage room. That example is somewhat misleading and confusing. When an application is made to the Building Inspector, the Building Inspector examines the pruvisions of the State Building Code. If the proposed family room is located in an area that does not qualify for human occupancy under the Building Code, then the Building Inspector would probably discuss the matter with the homeowner and advise that the area can only be used for storage purposes. However, all things considered, the Building Inspector must either approve or reject an application for a Building Permit. Your example suggests that a Building Permit was applied for a family room, the Permit was changed for a storage room, and a Certificate of Occupancy was issued for storage room. If my assumption is correct, the Certificate of Occupancy for a storage room controls. In this particular case, the Building Inspector would have to examine the room to see if it qualifies for human habitation pursuant to the Building Code. Otherwise, a variance application would have to be made to the State Code Department. 0:\ W APPINGE\Town Board\1-GeneraITB\041603-questions.doc 2 You may want to have further discussion with the Building Inspector, Zoning Administrator and/or Fire Inspector regarding these matters. I hope I did not confuse matters worse. Please feel free to contact me. y yours, IS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP . E ~. . ROBERTS APRlbg Enclosure 0:\ W APPINGE\Town Board\1-GeneralTB\041603-questions.doc 3 I~r A 1 25-Re,idential conlracl of ,ale. 11-96.0 llumller1l'ii'cel,lor, Publisher. NYC 10013 lJ~ Joilllll' I'r('l'lIr('d ".I' Ih(' R('al I'ropl'rly Seclioll of Ihe Nell' York Slall' /lar A \Wcialirm. Ihe New York Slale Lalld nIle Associalion, the Commil/l'l' Oil Real Property La II' of Ihe Associalion of Ihe Bar of Ihe Cily of New York and Ihe Commillee Oil Real /'roperly Law of Ihe New York COUIII.I' Lawyl'rs' Associatioll. W AUNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN LANGUAGE"). CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE: FIRE AND CAStM.LTY LOSSES AND CONDEMNATION. Ihis contract form does not provide for what happens in the event of fire. or other casualty loss or condemnation before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the title closing. Residential Contract of Sale C!Inutrnrt nf ~n1.e made as of Address: Social Security Number/ Fed. 1. D. No(s): Address: Social Security Number / Fed. I. D. N o(s): m~e purties ~erebv ~gree us fnllnfus: I. Premises. Seller shall sell and convey and Purchaser shall purchase the property, together with all buildings and improve- ments thereon (collectively the "Premises'), more fully described on a separate page marked "Schedule A", annexed hereto and made a part hereof and also known as: Street Address: Tax Map Designation: Together with Seller's ownership and rights, if any, to land lying in the bed of any street or highway, opened or proposed, adjoining the Premises to the center line thereof, including any right of Seller to any unpaid award by reason of any taking by condemna- tion and/or for any damage to the Premises by reason of change of grade of any street or highway. Seller shall deliver at no addi- tional cost to Purchaser, at Closing (as hereinafter defined), or thereafter, on demand, any documents that Purchaser may rea- sonably require for the conveyance of such title and the assign- ment and collection of such award or damages. 2. Personal Property. This sale also includes all fixtures and arti- cles of personal property now attached or appurtenant to the Premises, unless specifically excluded below. Seller represents and warrants that at Closing they will be paid for and owned by Seller, free and clear of all liens and encumbrances, except any existing mortgage to which this sale may be subject. They include, but are not limited to. plumbing, heating, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, door mirrors,' switch plates and door hardware, venetian blinds, window treatments, shades. screens, awnings, storm windows, storm doors, window hoxes. mail box, TV aerials. weather vane, flagpole, pumps, shruhbery, fencing, outdoor statuary, tool shed, dishwasher, wash- ing machine. clothes dryer, garbage disposal unit, range, oven, refrigerator, freezer, air conditioning equipment and installations, wall to wall carpeting and built-ins not excluded below (sttike out inapplicable items), Excluded from this sale are furniture and household furnishings and 3. Purchase Price. The purchase price is BETWEEN hereinafter called "Seller" and hereinafter called "Purchaser". interest at the rate of percent per annum, in monthly installments of $ which include principal, inter- est and escrow amounts, if any, and with any balance of principal being due and payable on (b) To the extent that any required payments are made on the existing mortgage between the date hereof and Closing which reduce the unpaid principal amount thereof below the amount shown in paragraph 3(b), then the balance of the price payable at Closing under paragraph 3(d) shall be 'increased by the amount of the payments of principal. Seller represents and warrants that the amount shown in paragraph 3(b) is substantially correct and agrees that only payments required by the existing mortgage will be made between the date hereof and Closing. (e) If there is a mortgagee escrow account, Seller shall assign it to Purchaser, if it can be assigned, and in that case Purchaser shall pay the amount in the escrow account to Seller at Closing. (d) Seller shall deliver to Purchaser at Closing a eertifieate dated not more than 30 days before (\\osing signed by the holder of the existing mortgage, in form for recording. certifying the amount of the unpaid principal, the date to which interest has been paid and the amounts, if any, claimed to be unpaid for prin- cipal and interest, itemizing lhe same. Seller shall pay the fees for recording such certificate. If the holder of the existing mortgage is a bank or other institution as defined in Section 274-a of the Real Property Law it may, instead of the certificate, furnish a letter signed by a duly authorized officer, employee or agent. dated not more than 30 days before Closing, containing the same information. (e) Seller represents and warrants that (i) Seller has delivered to Purchaser true and complete copies of the existing mortgage, the note secured thereby and any extensions and modificatons thereof, (ii) the existing mortgage is not now, and at the time of Closing will not be, in default, and (iii) the existing mortgage does not contain any provision that permits the holder of the mortgage to require its immediate payment in full or to change any other term thereof by reason of the sale or conveyance of the Premises. 5. Purchase Money Mortgage. (Delete if inapplicable) If there is to be a purchase money mortgage as indicated in paragraph 3(c) above: (a) The purchase money note and mortgage shall be drawn by the attorney for Seller in the form attached or, if not, in the stand- ard form adopted by the New York State Land Title Association. Purchaser shall pay at Closing the mortgage recording tax, record- ing fees and the attorney's fees in the amount of $ for its preparation. (b) The purchase money note and mortgage shall also provide that it is subject and subordinate to the lien of the existing mort- gage and any extensions, modifications, replacements or consoli- dations of the existing mortgage, provided that (i) the interest rate thereof shall not be greater than percent per annum and the total debt service thereunder shall not be greater than . 11. CERTIFICATE OF OCCUPANCY/MUNICIPAL VIOLATIONS A. This contract is contingent upon the existence of a valid certificate of occupancy for the premises (including additions, improvements and alterations to premises) and a certification from the municipality that there are no violations of any ordinances, local laws or other rules and regulations pertaining to the subject premises. In the event the premises were constructed prior to the adoption of a zoning ordinance and/or building code, the municipality must certify that the premises are exempt from any certificate requirements. In the event a Certificate of Occupancy is required, it shall be Seller's obligation, at Seller's expense, to undertake all necessary work to obtain a valid Certificate of Occupancy prior to closing. If exempt, the premises, notwithstanding such exemption, must be legally useable and in compliance with the municipality's zoning ordinance with no violations of any ordinances. Seller represents and warrants that if there have been additions, improvements or alterations to the premises (including swimming pool) for which a building permit or certificate of occupancy is required by the applicable municipality, Seller will obtain and furnish such permits and certificates. This clause shall survive closing of title and delivery of deed. B. All notices of violations of laws or municipal ordinances, orders or requirements noted in or issued by the Zoning Administrator's Office and/or Building Inspector, Fire, Labor, Health, or other State or municipal body having jurisdiction over the subject premises as of the date of title conveyance, shall be complied with by Seller and the premises shall be conveyed free of same. Seller shall furnish Purchaser with an authorization to make the necessary searches. This clause shall survive closing of title and delivery of deed.