Note: Prior ordinance history: Ords. 680, 801, 828 and 939.
Pursuant to Article 11, Section 7 of the Constitution of the state of California, it is the intent of the city council to assure that the grantee of real property within the city is furnished a disclosure of certain matters of city record pertaining to any delinquent city utility charges and 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.
(Ord. 987 § 22, 1980; Ord. 1716, 5/20/2025)
“Agreement of sale”
means any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another.
“Owner”
means any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property.
“Real property”
means any improved or unimproved real property zoned or used for dwelling purposes, situated in the city, and includes the buildings or structures, if any, located on the real property.
(Ord. 987 § 22, 1980)
Prior to entering into an agreement of sale or exchange of any real property, the owner or authorized representative shall obtain from the city a real property disclosure showing any delinquent city utility charges and the regularly authorized use, occupancy and zoning classification of such property. This report shall be valid for a period not to exceed six months from date of issue.
(Ord. 987 § 22, 1980; Ord. 1574 § 1, 2012; Ord. 1716, 5/20/2025)
Upon application of the owner and the payment to the city of a fee in an amount as established by a resolution of the city council, the director of community development shall review pertinent city records. Upon completion of review, the director of community development shall deliver a disclosure to the buyer which shall include the information established by resolution of the city council.
(Ord. 987 § 22, 1980; Ord. 1439 § 2, 2004; Ord. 1716, 5/20/2025)
The disclosure shall be delivered by the owner, or the authorized and designated representative of the owner, to the buyer or transferee of the real property prior to the consummation of the sale or exchange. The buyer or transferee shall execute a receipt therefor as furnished by the city and the receipt shall be delivered to the community development department as evidence of compliance with the provisions of this chapter.
(Ord. 987 § 22, 1980; Ord. 1716, 5/20/2025)
Neither the enactment of the ordinance codified in this chapter nor the preparation and delivery of any disclosure required hereunder shall impose any liability upon the city for any errors or omissions contained in the disclosure, nor shall the city bear any liability not otherwise imposed by law.
(Ord. 987 § 22, 1980; Ord. 1716, 5/20/2025)
Upon request of the owner prior to the expiration of the six-month period, the department of community development may issue an endorsement to the report, extending its validity for one additional six-month period, showing any changes to the information shown on the original report. There shall be no fee for the issuance of the endorsement.
(Ord. 987 § 22, 1980; Ord. 1574 § 2, 2012)
The provisions of this chapter shall not apply to the first sale of a commercial and residential building or vacant lot located in a subdivision whose final map has been approved and recorded in accordance with the Subdivision Map Act not more than two years prior to the first sale.
(Ord. 987 § 22, 1980)
(a) 
Anyone in violation of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof is punishable as provided by the provisions of Sections 1.04.200, 1.04.210, 1.04.220 and 1.04.230 of this code.
(b) 
No sale or exchange of real property shall be invalidated solely because of the failure of any person to comply with any provisions of this chapter, unless such failure is an act or omission which would be valid ground for rescission of such sale or exchange in the absence of this chapter.
(Ord. 987 § 22, 1980)