The city council is authorized to require a report of residential building records pursuant to the provisions of the Constitution of the State of California and section 38780 et seq., of the California Government Code. The city council finds that requiring a report of residential building records will:
(a) 
Reduce and prevent violations of building, housing and zoning codes by providing the owner of multifamily residential property with information as to permitted and illegal uses and construction, as well as substandard housing conditions;
(b) 
Facilitate enforcement of building, housing and zoning codes designed to protect the public health, safety and welfare; and
(c) 
Provide the city with an opportunity, assuming consent by the property owner, to inspect property in an effort to identify potentially hazardous and substandard conditions.
(Ord. No. 97-21, § 1, 8-4-97)
Owner
shall mean any person, partnership, association, corporation or fiduciary having legal or equitable title in any residential building and the authorized agent thereof.
Residential building
shall mean any structure which contains four or more units as that term is defined in Title 13 and shall include the buildings or structures accessory to the structure which contains the dwelling units and the real property on which the residential building is located.
Agreement of sale
shall mean any agreement or written instrument which provides for transfer of ownership of real property including but not limited to land sale contracts, exchange agreements or lease purchase agreements.
Report of residential building records or report
shall mean a report issued by the city describing the zoning of the residential building, the number of dwelling units permitted pursuant to the zoning classification, and other information relevant to the use, occupancy and construction of the residential building.
(Ord. No. 97-21, § 1, 8-4-97)
The owner of any residential building shall obtain from the city a report of the residential building records upon entering into an agreement of sale. The owner shall file an application for such a report not later than three days after entering into an agreement of sale.
(Ord. No. 97-21, § 1, 8-4-97)
The report of residential building records shall be issued by the city within 30 days after the owner submits a completed application on the form provided by the city and pays the fee established by resolution of city council. The owner shall indicate on the application if consent is given for an inspection and/or reinspection of the residential building. If an inspection is to occur, the application fee shall be adjusted to include an inspection fee established by resolution of city council. If consent is not given by the owner for inspection and/or re-inspection of the residential building, the report shall indicate the owner refused to consent to the inspection or reinspection.
(Ord. No. 97-21, § 1, 8-4-97)
If the owner consents, the city shall cause a physical inspection of the residential building and shall include in the report of residential building records evidence of building permit, housing or zoning code violations observed during the inspection, the correction of those violations as determined by any reinspection, and any failure or refusal of owner to permit a re-inspection and/or the correction of those violations as determined by inspection or reinspection, if any.
(Ord. No. 97-21, § 1, 8-4-97)
(a) 
If the owner refuses to consent to an inspection, a copy of the application noting such refusal shall be delivered by the owner to the other parties or party to the agreement within three days of filing the application with the city.
(b) 
The completed report of residential building records shall be delivered by the owner to the other party or parties to the agreement of sale prior to the completion of the transaction. The other party or parties to the agreement of sale shall execute the acknowledgment of receipt of the report of residential building records which shall be filed with the city within 30 days after completion of the transaction. The filed report shall be proof of compliance with the provisions of this chapter.
(Ord. No. 97-21, § 1, 8-4-97)
The provisions of this chapter shall not apply to:
(a) 
The first sale of a residential building which has never been occupied;
(b) 
Transfers pursuant to court order, including but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain, or transfers resulting from a decree for specific performance;
(c) 
Transfers to a mortgagee by a mortgagor in default, transfers to a beneficiary to a deed of trust by a trustor in default, transfers by any foreclosure sale after default in default in an obligation secured by a mortgage, or transfers by sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale;
(d) 
Transfers by a fiduciary in the course of the administration of a guardianship, conservatorship, or trust;
(e) 
Transfers from one co-owner to one or more coowners.
(f) 
Transfers between spouses resulting from a decree of dissolution of a marriage, a decree of legal separation, or from a property settlement agreement incidental to such decree;
(g) 
Transfers by the state controller in the course of administering the unclaimed property law;
(h) 
Transfers to a governmental entity;
(i) 
Transactions solely for the purpose of refinancing existing debt secured by the residential building; and
(j) 
Transfers by an owner or owners into a family or living trust where the owner(s) is a beneficiary or trustee of the trust.
(Ord. No. 97-21, § 1, 8-4-97)
(a) 
City shall refund the fee accompanying an application for a report of residential building records if a request for a refund is made prior to staff review of city records necessary to prepare the report. An administrative charge of 20% of the application fee shall be withheld from any refund granted pursuant to this section. No refunds will be made for a residential building report that has had a property inspection pursuant to this chapter.
(b) 
Owner shall pay an inspection or re-inspection cancellation fee in the amount established by resolution of city council. This fee shall be charged when an inspection or re-inspection appointment is made with the owner and the owner fails to appear at the time of the inspection or cancels the appointment.
(Ord. No. 97-21, § 1, 8-4-97)
(a) 
Any owner violating the provisions of this chapter shall be guilty of the offenses and subject to the penalties specified in section 1-33 of this Code.
(b) 
No sale or exchange of any residential building shall be invalidated solely because of the failure of the owner to comply with the provisions of this chapter.
(Ord. No. 97-21, § 1, 8-4-97)