Certificate of Continued Occupancy Letter to Sellers & Real Estate Agents

The Council finds that periodic inspections of buildings used for residential, commercial and industrial purposes are necessary to protect the public's health, safety and welfare.  The Council also finds that such periodic inspections and the requiring of a Certificate of Continuing Occupancy prior to reoccupancy and reuse of a vacated premises used for residential, commercial or industrial purposes will assist in the enforcement of and the ensuring of compliance with various ordinances of the City, including Chapter 317 (Property Maintenance), Chapter 250 (Land Use), Chapter 167 (Construction Codes, Uniform), Chapter 212, Article II (Fire Prevention Code), and any other applicable Laws.

No person shall occupy or use any building or portion thereof for residential, commercial or industrial purposes, after such building or portion thereof has been vacated or sold, or for which there has been a change in use or a change in occupancy, until such person shall have applied for and secured a Certificate of Continuing Occupancy therefor from the Chief Inspector.

The seller must receive a Certificate of Continued Occupancy (CCO) before transferring ownership.

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City of Englewood Ordinance Number 85-40

City Of Englewood Revised General Ordinances Chapter 9 Article 6 ordinance Number 85-40 mandates issuance of a Certificate of Continued Occupancy (CCO) for residential properties sold in the City of Englewood.

As is in most towns property owners who are intending to sell one-family, two-family or multi-family houses in the City of Englewood are required to have the premises inspected by a city code enforcement inspector before proceeding with the sale of the property. The ordinance does not apply to new construction, hotels, motels, rooming houses or other buildings that are inspected by the state.

This ordinance is basically to provide the municipality an opportunity to better assist residents in ensuring the safety of the occupants and to educate the new owner on fire, safety and occupancy regulations. Additional information is also provided to help acclimate new residents with Englewood's municipal services to help facilitate a safe and healthy environment.

Once You Have Secured a Buyer for the Sale of Your Property

• Either the seller or his/her agent should come to the Englewood Municipal Building at 2-10 North Van Brunt St 2nd floor to notify the Building Department personnel about your intention to sell your property.
• Any outstanding permits that have been issued for work that has been done on the property must be closed out before a CCO inspection can be scheduled.
• You will be expected to provide the following information when completing the (CCO) application:
  • The address of the property being sold
  • The present owner's name and telephone number
  • The buyer's name, telephone number, and present address.  If a corporation , LLC or the owner will not be residing in the residence immediately, a mailing address of the responsible party is required 
  • The Names and number of people presently residing at the premises before the sale
  • The Names and number of people who will be occupying the premises after the sale
• The fee for processing/inspection is $150 for One- or Two-Family homes and $250 for Multi-Family homes.
• The application fee for the Certificate of Continued Occupancy is to be paid to City of Englewood.

If you have enlisted the help of a real estate agent to work with you in the sale of your property he or she is most likely already familiar with the procedure and the safety requirements for the CCO as well.

The inspector will conduct a simple inspection of the property to make sure that the walls, floors, ceilings, stairs and rails are in tact and generally in good shape and safe for the next occupants. The inspector will also check for the following:

• At least one operating smoke detector in place on each level of any living space on the property
• At least one operating carbon monoxide detector in place within 10 feet of each bedroom (in a common area outside of the bedrooms)
• At least one operating ABC type fire extinguisher (2-pound minimum, 10-pound maximum) within 10 feet of the kitchen(s)

Once the property is evaluated and found to have the proper number of working fire extinguishers, carbon monoxide detectors, smoke detectors - and no illegal installations, no illegal apartments or illegally rented rooms the inspector will issue the owner(s) a Certificate of Continued Occupancy which is to be passed on to the buyer at the closing of the sale.

If the inspection finds that there is an illegal apartment or that work needing permits had been done on the property without city consent, the owner will be required to get rid of the units. The owner would have to cut utility service and remove any extra kitchens and bathrooms installed in the illegal unit. The owners would get a certificate of continued occupancy only after a second inspection proves that all abatements have been completed and all code/ordinance requirements meet compliance.

Property owners who sell property without obtaining a (CCO) prior to the sale run the potential risk of receiving fines and delays or other complication in the closing process.

Copies of the City Ordinances as well as the City Zoning Map are available for review and/or purchase at the Englewood City Clerk's Office, 2-10 North Van Brunt Street.

Thank you in advance for your cooperation.

City of Englewood Ordinance Number 85-40