It is the intent of the City Council to assure that transferees of real property within the City are furnished a report of matters of City record pertaining to the authorized use, occupancy, LAX impact levels and attenuating effect of any sound insulation programs provided at the property, zoning classifications, and possible code violations as determined by an inspection of the property prior to sale or exchange. It is the further intent of the Council to protect the unwary buyer against undisclosed zone restrictions on the use of the property.
(Ord. 2315 8-1-78; Ord. 02-26 10-1-02)
For the purposes of Sections 11-52 through 11-56, the words and phrases hereinafter set forth are defined as follows:
"Agreement of sale or exchange"
means any agreement or written instrument effecting transfer of title to any property from one owner to another owner.
"Building"
shall include all structures located on the subject property.
"Owner"
means any person, copartnership, association, corporation, or any fiduciary having any legal or equitable interest in any real property.
(Ord. 2315 8-1-78)
Prior to entering into an agreement of sale or exchange of any property, the owner, Real Estate Agent, Escrow Company, or any other person or entity, involved with the transaction, shall obtain from the City a report of the property record showing the regularly authorized use, present occupancy, LAX impact levels and attenuating effect of any sound insulation programs provided at the property, zoning classifications, and other items of information listed in Section 11-53 concerning such property. Said report shall be valid for a period not to exceed six months from date of issue.
(Ord. 2315 8-1-78; Ord. 98-11 6-2-98; Ord. 02-26 10-1-02)
Upon application of the owner or authorized agent and the payment to the City, of a fee as specified in the Master Fee Schedule, the Building Official or authorized representative shall review pertinent City records, make an exterior inspection of all buildings, make an interior inspection of all buildings if requested to do so and deliver to the applicant a report which shall contain the following information so far as it shall be available:
(1) 
The property address and legal description of subject property;
(2) 
The zone classification and authorization use of subject property;
(3) 
The number of legal units on the property;
(4) 
The building permit numbers and date of issuance;
(5) 
Notification that property lies within or out of the special study zone;
(6) 
Variances, exceptions, special use permits and other pertinent legislative acts of record;
(7) 
Any special zoning or general plan restrictions on use or development which may apply to the subject property;
(8) 
A list of all presently observed violations of this Code, if any; and
(9) 
The LAX impact levels and attenuating effect of any sound insulation programs provided at the property.
(Ord. 15-04 11-25-14)
The provisions of this Article shall not apply to:
(1) 
The first sale of a residential building located in a subdivision whose final map has been approved and recorded in accordance with the subdivision regulations of this Code not more than two years prior to the first sale; or
(2) 
The first sale of a residential unit in a condominium development which has received all approvals and permits required by this Code not more than two years prior to the first sale.
(Ord. 2315 8-1-78)
Notwithstanding the provisions of Section 11-54, the first sale of a residential unit in a condominium development which was converted to a condominium from a community apartment or similar form of development shall be subject to the provisions of this Article.
(Ord. 2460 12-13-83)
The report of property record shall be delivered by the owner or authorized representative to the buyer or transferee of the 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 said receipt shall be delivered to the Building Division as evidence of compliance with the provisions of this Article.
(Ord. 2315 8-1-78)
(1) 
It shall be unlawful for any person or entity, subject to the provisions of this Article to fail to make and prepay application for a report as provided herein. Any person that has not obtained a report of building records and code violations prior to completion of sale or transfer of property shall pay a penalty as specified in the Master Fee Schedule instead of the fee required per Section 11-53.
(2) 
No sale or exchange of property shall be invalidated solely because of the failure of any person to comply with any provisions of this Article unless a court of competent jurisdiction shall find that such particular act or omission would be a valid ground for rescission of such sale or exchange in the absence of this Article.
(Ord. 2440 5-24-83; Ord. 88-15 6-28-88; Ord. 2315 8-1-78; Ord. 98-11 6-2-98; Ord. 13-04 11-5-13)