The purpose of this chapter is to require owners to provide
to buyers of residential property a Zoning Information Report that
consists of City records pertaining to the authorized use, occupancy,
and zoning of residential property as contained in the City's street
and planning files, and to provide owners with a convenient method
of compiling and providing that information to purchasers.
(Ord. 5908, 2019)
The following definitions apply to this chapter:
Agreement of Sale.
Any agreement or written instrument for the purchase or sale
of residential property.
Buyer.
The person or entity that will acquire title to residential
property pursuant to an agreement of sale.
Owner.
Any person or entity that will convey title to residential
property pursuant to an agreement of sale.
Residential Property.
Any improved real property located in the City, designed
or permitted to be used for any residential purpose, including all
structures located on the real property.
Zoning Information Report.
The records contained in the street files and planning files
for residential property maintained by the City's Community Development
Department, excluding any plans.
(Ord. 5908, 2019)
The provisions of this chapter shall apply to the transfer of
title of any residential property except for the following:
A. The
first sale of each separate residential building located in a subdivision
where the final subdivision or parcel map has been approved and recorded
in accordance with the Subdivision Map Act not more than two years
prior to the first sale.
B. The
sale of any residential property on which a new home is under construction
pursuant to a valid building permit.
C. The
sale of any residential property where the final building permit inspection
on a new home was issued within three months of the date on which
the owner entered into the agreement for the sale of a home to the
buyer.
D. The
sale of a condominium unit.
(Ord. 5908, 2019)
The failure to comply with the provisions of this chapter shall
not invalidate the transfer or conveyance of real property to a bona
fide purchaser or encumbrancer for value.
(Ord. 5908, 2019)