It is the intent of the city council to assure that all parties
to a transaction involving a sale of a residential dwelling within
the city of Lawndale are furnished with a residential property report
which identifies observed violations of the city's codes, rules and
ordinances, and verifies the availability of legally required off-street
parking spaces. The intent of this chapter is that the requirement
of such a report will reduce existing municipal code violations on
residential properties and prevent future violations. The report prepared
pursuant to this chapter is not intended to take the place of a professional
inspection of the property.
(Ord. 902-02 § 1; Ord. 997-07 § 2)
As used in this chapter:
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 parking facility serving more than one dwelling
unit with a common entrance and a common exit.
means any person, copartnership, association, corporation
or fiduciary having legal or equitable title or any interest in any
real property.
means any improved real property designed or permitted to
be used for dwelling or habitation purposes, located or situated within
the geographic boundaries of the city, and shall include any building
or structures located on said improved real property.
(Ord. 902-02 § 1)
Prior to concluding an agreement for sale or exchange of any residential building, unless excluded by Section 8.80.080, the owner or his or her authorized representative shall have the city inspect all garages on the property and prepare a residential property report identifying whether any off-street parking space which should be used for vehicle parking but is not available for such use.
Owners and sellers may also request that the residential property
inspection and report include observable items outside of the garage
that fail to comply with the city's codes, rules and ordinances. If
an inspection beyond the garage is requested, the inspection necessary
to prepare such report shall be based upon observations from the public
right-of-way, such that the report is only intended to identify municipal
code violations that are observable from the public right-of-way.
The report shall specifically identify any off-street parking space
which should be used for vehicle parking but is not available for
such use. Said report shall be valid for the purposes of this chapter
for a period not to exceed six months from date of issue and is not
intended to provide an exhaustive list of all code violations upon
the property.
(Ord. 902-02 § 1; Ord. 997-07 § 3; Ord. 1164-19 § 1)
Upon application of the owner or his or her authorized agent and payment of a fee in an amount established by resolution of the city council, the community development department shall: (1) review pertinent city records; (2) cause an on-site inspection of the property by the municipal services department as described in Section 8.80.050; and (3) prepare and deliver the residential property report to the applicant.
(Ord. 902-02 § 1; Ord. 997-07 § 4)
Upon receipt of an application which complies with Section 8.80.040, the municipal services department shall conduct a physical inspection of the subject property for the purpose of observing the property's compliance with the municipal code and determining the availability of the required off-street parking. The inspection shall be limited to exterior areas of the residential unit(s) and the interior areas of garages and/or accessory buildings such as detached garages, laundry rooms and storage sheds. If the municipal services department has reasonable cause to believe that a dwelling unit has been illegally subdivided, an interior inspection of such building may be conducted.
(Ord. 902-02 § 1; Ord. 997-07 § 5)
Any observed unlawful condition relating to the use and maintenance
of the subject property should be identified in the report, and formal
enforcement procedures may be prosecuted as provided by law.
(Ord. 902-02 § 1; Ord. 997-07 § 6)
A residential property report prepared pursuant to Section 8.80.030 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 transfer of title to the property. The buyer or transferee shall execute a receipt therefor as furnished by the city, and said receipt shall be delivered to the department of community development as evidence of compliance with the provision of this chapter.
(Ord. 902-02 § 1; Ord. 997-07 § 7)
The provisions of this chapter shall not apply to:
A.
Condominiums
of ten units or more where the required parking is supplied completely
by way of a common parking facility.
B.
The
first sale of a residential building which has never been occupied.
C.
Transfers
which are required to be preceded by the furnishing to a prospective
transferee of a copy of a public report pursuant to Section 11018.1
of the Business and Professions Code.
D.
Transfers
pursuant to court order, including, but not limited to, transfers
ordered by a probate curt in administration of an estate, transfers
pursuant to a writ of execution, transfers by a trustee in bankruptcy
or transfers resulting from a decree for specific performance.
E.
Transfers
to a mortgagee by a mortgagor in default, transfers to a beneficiary
of a deed of trust by a trustor in default, transfers by any foreclosure
sale after default, transfers by any foreclosure sale under 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.
F.
Transfer
by a fiduciary in the course of administration of guardianship, conservatorship,
or trust.
G.
Transfers
from one co-owner to one or more co-owners.
H.
Transfers
made to a spouse, or to person or persons in the lineal, line or consanguinity
of one or more of the transferors.
I.
Transfers
between spouses resulting from a decree of dissolution of a marriage
or a decree of legal separation or from a property settlement agreement
incidental to such decrees.
J.
Transfers by the state controller in the course of administering the Unclaimed Property Law (Chapter 7 [commencing with Section 1500] of Title 10, Part 3 of the Code of Civil Procedure).
K.
The
sale of a mobile home in a mobile home park which sale does not include
the sale of land.
L.
Transfers
in which the city or the agency is a party to the transaction.
M.
Transfers
to a governmental entity.
(Ord. 902-02 § 1; Ord. 997-07 § 8)
