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 report
of 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)
means any agreement or written instrument which provides
that title to any property shall thereafter be transferred from one
owner to another.
means any person, copartnership, association, corporation
or fiduciary having legal or equitable title or any interest in any
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 report 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)
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 report to the buyer which shall contain the following
information:
(1)
The street address or other appropriate description of the subject
property;
(2)
A parcel drawing of the subject property, which may be a reproduction
of a portion of the maps of the assessor of Orange County;
(3)
A statement of the zoning classification applicable to the subject
property, together with a summary of the uses permitted within that
zone, and any other pertinent material or record relating to the property;
(4)
A statement of the variances and use permits, if any, granted to
the subject property, together with the conditions and restrictions
of such permits;
(5)
A statement as to whether any construction, electrical, plumbing
or comfort heating building permits have been issued for work not
yet completed on the subject property;
(6)
A statement as to whether there appears to be any nonconformity or
illegality in the structures on the subject property or the uses being
made thereof;
(7)
A statement as to whether or not the parcel is recognized as a separate
lot by the city, and whether or not it is a legal building site under
city regulations;
(8)
A statement as to whether or not there are delinquent city utility
charges on the subject property;
(Ord. 987 § 22, 1980; Ord. 1439 § 2, 2004)
The report of real property records 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)
Neither the enactment of the ordinance codified in this chapter
nor the preparation and delivery of any report required hereunder
shall impose any liability upon the city for any errors or omissions
contained in the report, nor shall the city bear any liability not
otherwise imposed by law.
(Ord. 987 § 22, 1980)
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)
