Transfer of Property

 The transfer of property by the SSTS Ordinance Definition is,"the act of a party by which the title to property is conveyed from one person to another, where such transfer would require the filing of a Certificate of Real Estate Value (CRV).  In the case of a contract for deed, the transfer is upon the filing of the initial contract for deed."

The Sale or Transfer of Property on which a dwelling is located, or a tract of land on which a structure is required to have an ISTS shall not be transferred unless the parties to the transaction have complied with the following:

​1. A Certificate of Compliance, completed by a qualified employee, ISTS licensed inspector or Designer I, shall be provided by the seller to the buyer, and the Zoning Officer, at or before closing date.

​ 2. If the seller fails to provide a Certificate of Compliance, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a complying ISTS. The security shall be placed in an escrow with a licensed real estate closer, licensed attorney at law, federal or state chartered financial institution. The amount escrowed shall be equal to 150% of a written estimate to install a complying ISTS provided by a licensed and certified installer, or the amount escrowed shall be equal to 110% of the written contract price for the installation of a complying ISTS provided by a licensed and certified installer. After a complying ISTS has been installed and a certificate of compliance issued, the Itasca County Zoning Department shall provide the escrow agent a copy of the certificate of compliance.

​ 3. In the event the seller does not provide a certificate of compliance or an escrow deposit, the seller and buyer may establish a written agreement or contract to repair, replace or upgrade the existing system according to the terms of this Ordinance and Minnesota Rules Chapter 7080. After a complying ISTS has been installed a certificate of compliance shall be issued.

​4. The buyer may accept total responsibility of the existing ISTS and shall be responsible for the necessary upgrading.