Certificate of Compliance Process and “As-Is” Sale
- Step 1 – Preliminary Information
A visit or telephone call to the Town of Cicero Building Department will provide you with the information necessary to make your transfer of real estate progress smoothly and to avoid potential problems which could cost you time and money. Be prepared to discuss your transaction with compliance staff who will ask you questions such as “What type of transaction are you planning on doing?” and “How many units does the property consist of?” When at the Building Department counter or on phone with staff, you should also ask if the property being transferred has any outstanding debt to the town; all debt must be paid prior to transferring the property.
Fax or Email Payoff Requests (to expedite process) to:
- Step 2 – Compliance Application & Zoning Form
While at the Building Department, you will be required to complete:
Certificate of Compliance Application
The Compliance Application will ask you to complete some basic information required to process the request:
“who” is the seller(s)/ grantor(s)
“who” is the buyer(s)/ grantee (s)
“who” is the Broker, Loan Officer, Attorney representing this transaction
Zoning Request Form.
The Zoning Request form asks for basic information, to verify the property is in compliance with the Town’s Zoning Ordinances.
These two (2) documents are required prior to beginning the compliance review process. You may pick up both the Compliance Application and Zoning Request Form at the Town of Cicero Building Department (Sorry applications cannot be faxed or e-mailed at this time).
Also, please remember to include contact information for all above mentioned parties, so staff can contact you if needed, and to schedule any required inspections.
Some other important documents that may be required include but are not limited to:
Real Estate Listing Sheet,
Signed Contract from all parties,
Copy of Death Certificate
Copy of Executor of Estate
Copy of Probate Papers
Copy of Trust Agreement (page that is stipulating Person(s) name on Agreement)
- Step 3- Paying for and Scheduling Inspections
At the time of application for an inspection, the initial inspection fees are due. Certified Funds, Money Orders, Personal Check, or Cash is acceptable payable to the “Town of Cicero”. The inspection fee schedule is as follows:
Single family…………………………………… $50.00
Two Units………………………………………. $70.00
For each additional units………………….. $20.00
Empty Lots with Accessory Structures.. $35.00
Commercial & Industrial properties:
For properties up to an including 5,000 square feet…… $100.00
For each additional square foot over 5,000 add………….. $0.01
Also, if the property is “Vacant” there are additional requirements and fees.
Vacant Building Registration Fee……..$200.00
*Please note an Electrical inspection is required by our Town Electrical Inspector
for residential properties over (3) three units, all Commercial, and Industrial properties.
*Please schedule your inspection at least 30 days before proposed closing to avoid any delay in transfer.
- Step 4 – Review Process
Once the property has been inspected the review process begins. During the review process, your compliance application will be reviewed by multiple people. Town staff will determine if your compliance inspection shows your property is up to code with the building code(s), the zoning ordinances, and other town ordinances. The length of the review process will depend on the condition of each property. Please keep in mind that you may be contacted for more information if needed.
If violations are found, they will be documented on the Compliance Inspection Report. This report will be used by either the buyer (see Escrow Process below) or the seller, to obtain the Certificate of Compliance. All violations listed on the Application, will need to be corrected prior to the issuance of the Certificate of Compliance. The Compliance Inspection Report is NOT a Building Permit. Please consult with Building Department Staff to determine what work will require a separate Building Permit.
- Step 5– Escrow Process Approval
Property Transfers sold either as an “as is” transaction, a short sale, or forecloses must adhere to the following submissions and/or requirements:
Must summit original seller’s letter signed and notarized stipulating that the property will be sold “as is” and reasoning for such transaction.
Must summit original buyer(s) letter signed and notarized acknowledging the obligation to comply with all the repairs after closing.
All debt to the Town of Cicero must be paid before the Repair Agreement and Escrow is approved.
A Repair Agreement must be approved by the Building Commissioner in order to process “As-Is” transfers. The Escrow Deposit Fees are as follows:
1-Unit: $ 500 plus a non-refundable filing fee of $100
2-Unit: $1,000 plus a non-refundable filing fee of $100
3-Unit: $1,500 plus a non-refundable filing fee of $100
4-Units and above, Mixed Use, and Commercial: Requires Estimate from Licensed and Bonded General Contractor in the Town of Cicero.
Escrow Deposit will be 10% the total cost of the estimate (Minimum $1,500) plus a non-refundable filing fee of $100
The Town of Cicero was negatively affected by the Foreclosure Crisis that has spread through the Nation. The Town, due to the extreme devastation of this crisis qualified as an Entitlement Community for Neighborhood Stabilization funds through the United States Department of Housing and Urban Development (HUD). Due to this crisis, vacant and abandoned properties increased substantially, creating a nuisance to the Town of Cicero, leading to the adoption of a Vacant Building Ordinance: Sec. 22-611 of the Town Code.
Establishes a program for the identification, registration and regulation of Buildings that are vacant or that become vacant on and after the effective date of this Article; and
Determines the responsibilities of Owners of Vacant Buildings; and
Provides for the administration, the enforcement, which includes abating Public Nuisances, and the imposition of penalties for violations of this Article.
This program involves the following fees:
Vacant Building Registration Fee……..$200.00
Any Premises where a Vacant Building is located and for which inspection fees or registration fees imposed pursuant to this Article have not been paid in full is not eligible for Town real estate transfer tax stamps.
Vacant Building Registration Forms can be received at the Building Department. The forms clearly outline all requirements of the owners of vacant properties. Vacant Properties should be registered as soon as they are vacant, as a failure to register does not bypass this process.
An Owner of a Building determined by the Building Commissioner to be a Vacant Building may appeal that determination to the Vacant Building Appeals Committee. Such appeal shall be in writing and shall be filed with the Vacant Building Appeals Committee within 15 calendar days of the date of the mailing of the notice of determination.
An Owner who wishes to challenge applicability of this Article to his or her Building without the Building Commissioner’s determination having been made, shall set forth specific facts to support the non-applicability in writing to the Building Commissioner. In the event the Building Commissioner determines that the subject Building is a Vacant Building, the Owner shall have the right to appeal the Building Commissioner’s determination to the Vacant Building Appeals Committee, as provided for herein.
Forms for both the Appeal of Determination and the Challenge of Applicability are available in the Building Department. When submitting, please provide as much documentation to support your appeal and/or challenge.
Real Estate Transfer Tax Stamps Process
The following documents are required to be submitted and reviewed before transfer stamps are issued:
Completed Town of Cicero Transfer Tax Form (available at Building Department)
State and County forms (PTAX FORMS), originals or copies
ORIGINAL deed (We affix stamps)
Proof of final paid water bill, valid for 72 hours prior to purchasing transfer stamps.
All debt must be paid prior to the issuance of any transfer or exempt stamps.
Certificate of Compliance is required (or a copy of the approved Escrow Repair Agreement with the Town of Cicero for As-Is Transfers)
All required buyers affidavits signed and notarized by all purchasers which must be submitted prior to issuance of a certificate of compliance and transfer stamps.
Transfer tax rate is $10 per $1,000.00
(Only attorney’s check, money order, certified checks, cashier’s check accepted for this transaction. NO CASH OR PERSONAL CHECKS)
*Other items may be needed depending on type of transfer – see Compliance Staff for more information
HUD IS NOT EXEMPT FOR A TRANSFER STAMP-COST IS $10.00 /$1,000-HUD TO PAY FOR STAMP . THE BUYERS CLOSING AGENT TO OBTAIN TRANSFER STAMP FOR CLOSING.