Pursuant to Article 6.5 (Commencing with Section 38780), Chapter 10, Part 2, Division 3, Title 4 of the Government Code of the State of California, it is the intent of the City Council to assure that the grantee of a residential building within the City shall be furnished a report of matters of City record pertaining to the authorized use, occupancy, and zoning classification of real property prior to sale or exchange. It is the further intent to protect the unwary buyer of residential property against undisclosed restrictions on the use of the property.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
This Chapter shall apply to all residential
buildings as defined herein except for the first sale of a residential
building located in a subdivision whose final map has been approved
and recorded in accordance with the Subdivision Map Act not more than
2 years prior to the first sale.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
The following words or phrases shall
have the following meanings when used in this Chapter:
Any agreement or written instrument which provides that title
to any property shall thereafter be transferred from one owner to
another owner.
A transferee in a real property transaction, and includes
a person who executes an offer to purchase real property from a seller
through an agent, or who seeks the services of an agent with the object
of entering into a real property transaction. "Buyer" includes vendee
or lessee.
A written contract executed by a buyer acting through a selling
agent which becomes the contract for the sale of the real property
upon acceptance by the seller.
Any person, co-partnership, association, corporation or fiduciary
having legal or equitable title or any interest in real property.
A transaction for the sale of real property in which an agent
is employed by one or more of the principals to act in that transaction,
and includes a listing or an offer to purchase.
Any improved real property designed or permitted to be used
for dwelling purposes, situated in the City and shall include the
building or structures located on said improved real property.
A transaction for the transfer of real property from the
seller to the buyer and includes exchanges of real property between
the seller and buyer, transactions for the creation of a real property
sales contract within the meaning of California Civil Code Section
2985, and transactions for the creation of a leasehold exceeding one
year's duration.
A listing agent who acts alone, or an agent who acts in cooperation
with a listing agent, and who sells or finds and obtains a buyer for
the real property, or an agent who locates property for a buyer or
who finds a buyer for a property for which no listing exists and presents
an offer to purchase to the seller.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
Prior to entering into an agreement
of sale or exchange of any residential building, the owner or their
authorized representative shall obtain from the City a report of the
residential building record showing the regularly authorized use,
occupancy, and zoning classification of such property. This report
may be used by the owner or the owner's authorized representative
to meet the requirements of this Chapter for a period of 6 months
from the date of issuance by the City.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
Upon application of the owner or
their authorized agent and the payment to the City of the designated
fee, the Building Officer shall review pertinent City records and
deliver to the applicant a report of residential building records
which shall contain the following information, insofar as it is available.
A.
The street address and legal description
of subject property;
B.
The zone classification and authorized
use as set forth in this Ordinance;
C.
The occupancy as indicated and established
by permits of record;
D.
Land use permits including but not limited
to Development Review Permits, Variances, Conditional Use Permits,
and other pertinent legislative acts of record;
E.
Any special restrictions in use or development
which may apply to the subject property including but not limited
to rent control, recorded deed restrictions, and geologic conditions;
and
F.
The status of the property on the Historic
Resources Inventory.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
In addition to the requirements of this Chapter, the owner or their authorized representative shall comply with the historic resource disclosure requirements of Chapter 9.33, Historic Resource Disclosure.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
The report of residential building
record shall be delivered by the owner or the authorized designated
representative of the owner to the buyer or transferee of the residential
building prior to the consummation of the sale or exchange.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
It shall be unlawful for the owner
of a residential building to sell or exchange a residential building
without first having obtained and delivered to the buyer a report
of residential building record in accordance with the requirements
of this Chapter.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
No sale or exchange of residential
property shall be invalidated solely because of the failure of any
person to comply with any provision of this Chapter unless such failure
is an act or omission which would be a valid ground for rescission
of such sale or exchange in the absence of this Chapter.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
If any disclosure required to be made by this Chapter is delivered after the execution of an offer to purchase, the buyer shall have 3 days after delivery in person or 5 days after delivery by deposit in the mail to terminate their offer by delivery of a written notice of termination to the owner or selling agent. Any person who violates the provisions of this Chapter shall be subject to the penalties and remedies specified in Chapter 9.48, Enforcement and Abatement Procedures. In addition, a buyer who does not receive the notice required by this Chapter may bring a civil action for damages.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
