A. Unless otherwise agreed, the responsibility for removal of noncertified wood stoves or fireplace inserts shall be the responsibility of the seller of the structure(s) which contain the noncertified wood stoves or fireplace inserts.

B. The presence of all wood stoves or fireplace inserts in a structure shall be included as part of the seller’s property disclosure presented to the new owner, as part of the conveyance of any real property. The disclosure shall evidence by certificate whether any wood stoves or fireplace inserts are of a conforming use, and present in the subject real property.

C. Unless otherwise agreed, all noncertified wood stoves and fireplace inserts shall be permanently removed from the structure(s) on or before conveyance of any real property containing a structure having any noncertified wood stove(s) and fireplace insert(s). If the seller assumes the responsibility for removal, then such removal shall be completed on or before the earlier of the closing date or title transfer date of the real property. Should the buyer assume the responsibility of removal, or should the seller fail to remove the noncertified wood stove(s) and fireplace insert(s) for any reason whatsoever, then the buyer shall complete the removal within 30 calendar days after the closing date or title transfer date.

D. The disclosure(s) and certificate must be executed by both the seller and the owner, on or before the closing of any real estate transaction involving real property, upon which the structure(s) containing the wood stoves or fireplace inserts are involved. Upon the complete execution of the disclosure certificate, a copy must be submitted to the city of Talent building department by the responsible designee. Delivery of the disclosure certificate is required for any transfer of title, whether the real estate transaction is closed in escrow or closed by the seller and the owner without a closing escrow.

E. Failure of the seller, or the owner, to provide a disclosure certificate in substantially the form found in Appendix A* attached to the ordinance codified in this chapter shall be subject to a fine of not more than $1,000.

F. Failure of the seller or the owner to provide a notarized removal certificate in substantially the form found in Appendix B* attached to the ordinance codified in this chapter certifying removal of noncertified wood stove(s) or fireplace insert(s) from a structure as required by this chapter shall be subject to a fine or not more than $1,000 and/or legal or equitable action to enforce said removal.

G. A copy of the receipt received for the disposal of the scrap metal by means of recycling is required to be provided to the city of Talent. The receipt shall state that the noncertified wood stove was properly disposed of at a DEQ regulated landfill or that the noncertified wood stove was sold to a person in the business of recycling scrap metal. [Ord. 909 § 6, 2016; Ord. 804 § 6.]