For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Administrator.
The chief building official, or designated representative, of the community development and sustainability department.
Agent.
Any salesperson, broker, real estate agent, real estate broker, or any employer or agent thereof.
Certificate.
A resale certificate.
Person.
An individual, partnership, corporation or association, or the rental agent of any of the foregoing.
Report.
Resale report of violations.
Sale or exchange.
Refers to the transfer of title, change in ownership, sale, exchange, excluding living trusts, acquisition by eminent domain, acquisition by threat of eminent domain, acquisition by gift, intra-spousal transfer, addition or deletion of one owner to or from the title or inheritance or banks assuming title through foreclosure. Sales of homes obtained through foreclosure are subject to the resale of property ordinance at time of sale
Unit.
A dwelling unit is any single-family, duplex, and/or triplex residential unit, or similar living accommodation, or as defined in the California Code of Regulations.
(Ord. 2408 § 1, 2013)
Not later than fifteen working days prior to close of escrow transfer of title or change in ownership or end of any inspection period stipulated by the agreement of sale of any unit, the owner, or authorized representative, shall file with the administrator a written application for a report on a form to be prescribed by the administrator and accompanied by the current application fee. The filing fee for the application for the report from the resale inspection shall be established by resolution of the city council.
(Ord. 2408 § 1, 2013)
After the application required by Section 8.10.020 is received, the administrator shall schedule for the next available inspection date an inspection of the unit to be made for compliance with the requirements of this article relating to health and safety standards for units.
(Ord. 2408 § 1, 2013)
When an inspection has been completed, the administrator shall issue a report. The report shall include:
(a) 
The address of the building;
(b) 
The date of on-site inspection;
(c) 
The date the inspection was completed;
(d) 
Date of issue;
(e) 
The itemization of all violations that are required to be corrected at this time;
(f) 
Any informational notice to buyer; and
(g) 
The following statement:
NOTICE TO PROSPECTIVE BUYER: You are hereby advised that the residential unit described in this Report has been found to have certain violations which are itemized herein. The itemized violations are those which are required to be corrected. You, as Buyer, will be required to correct within 90 days of the sale or exchange the listed violations which are not corrected and reinspected or self-certified prior to sale of property, or in such time as determined by the Administrator. The scope of the inspection was limited, and some violations may exist that require correction but which the City does not reinspect following the correction. Other violations may, or may not, exist.
(Ord. 2408 § 1, 2013)
The administrator shall issue the report within five working days of completion of the inspection. The inspection shall be complete upon inspection of the property and receipt by the Inspector of all information reasonably requested.
(Ord. 2408 § 1, 2013)
A report issued as a result of an inspection, pursuant to this article, shall remain valid until the earlier of: (1) issuance of a certificate; or (2) eighteen months following a completed on-site inspection. A certificate is valid eighteen months from the date of validation. Notwithstanding the previous sentence, a report or certificate expires immediately upon any modification, alteration or addition to a unit done without a permit and which requires a permit. Nothing in this section releases a person owning any interest in a unit from correcting or remedying any violations.
(Ord. 2408 § 1, 2013)
Prior to the sale or exchange of a unit, the owner shall provide the prospective buyer of a unit a copy of the report. The buyer shall acknowledge receipt and the date of receipt of the report on the original or a true copy thereof. A copy of the report signed by the buyer shall be filed by the buyer with the administrator within five working days of the sale or exchange. Failure to file such report within the above time, shall be a violation of this article.
(Ord. 2408 § 1, 2013)
It is a violation of this article for any sale or exchange to be completed until a report has been executed by the administrator and buyer as provided above.
(Ord. 2408 § 1, 2013)
If owner does not remedy the violations and obtain a certificate, any buyer or person owning any interest in a unit after a transfer of title or change of ownership shall correct any violations identified in the report of violations within ninety days of the sale or exchange, or in such time as determined by the administrator.
In the event correcting the violation involves a greater time period to correct, the current owner must submit a written request to the administrator for an extension of time no later than thirty days prior to the initial deadline. The written request by the owner shall list the specific and factual circumstances beyond the control of the owner which have prevented the required action from being taken. The final decision to allow an extension, if any, shall belong solely to the administrator.
(Ord. 2408 § 1, 2013)
When the unit is in compliance with the Davis Municipal Code, the administrator shall issue a certificate upon completion of inspection and correction of violations. The certificate shall state:
(a) 
The date of issuance;
(b) 
The address of the building; and
(c) 
The following statement:
NOTICE TO PROSPECTIVE BUYER: You are hereby advised that the residential unit described in this Certificate when issued was found to have no applicable code or ordinance violations or no code or ordinance violations that required correction at this time. The scope of the investigation was limited and other violations may or may not exist. Some violations may have been corrected after inspection and the City may not have reinspected these items prior to the issuance of this Certificate.
(Ord. 2408 § 1, 2013)
Any residential unit other than those defined as "unit," such as hotels, motels and apartment building with four or more dwelling units or similar, must complete an other occupancy self-certification form, as prescribed by the community development and sustainability department, certifying that no modifications to said units have been made pursuant to the California Code of Regulations, Davis Municipal Code, and/or any other laws enforced by the city. The other occupancy self-certification form must be submitted with the required fee to the community development and sustainability department prior to the close of escrow on the property. The fee for the multifamily and other occupancy self-certification shall be established by resolution of the city council.
(Ord. 2408 § 1, 2013)
Any unit which is subject to the provisions of this article shall comply with current Davis Municipal Code requirements for deadbolt locks. Notwithstanding the above, any existing deadbolt with a one-half-inch throw shall be considered legal nonconforming. If at any time, the legal nonconforming deadbolt is replaced, it must comply with current Davis Municipal Code standards.
(Ord. 2408 § 1, 2013)
Any unit which is subject to the provisions of this article shall comply with current building codes in effect at the time of inspection for installation and location of smoke and carbon monoxide alarms. Notwithstanding the above, battery operated smoke and carbon monoxide detectors shall be permitted except in cases of original construction.
(Ord. 2408 § 1, 2013)
Any unit which is subject to the provisions of this article shall have insulation in any accessible attic consisting of an R value of 19 or greater, at the time of the first resale inspection completed after 1980. This section is applicable only to units constructed prior to 1976.
(Ord. 2408 § 1, 2013)
The seller, with or without an agent, shall be required to provide the buyer a copy of the resale report. It shall be a rebuttable presumption that the seller provided such information and documentation.
(Ord. 2408 § 1, 2013)
Any agent participating in a sale or exchange shall ensure that the provisions of this article and, specifically, Section 8.10.080, are complied with prior to any sale or exchange and shall file a copy of the report, signed by the purchaser or person acquiring an interest in the unit, with the administrator within thirty calendar days of the sale or exchange.
(Ord. 2408 § 1, 2013)
(a) 
Violation of any provision of this article shall be deemed a misdemeanor.
(b) 
Any violation of any section of this article is hereby deemed and declared to be a public nuisance and may be abated by any remedy provided by law, including, but not limited to, administrative citations, abatement actions, civil complaints, criminal complaints or any combination of the above remedies.
(Ord. 2408 § 1, 2013)
Notwithstanding the legal requirements of the State of California that all local governments adhere to the California Building Standards Code, deviations from the requirements and regulations specified in this article may be approved in accordance with the review, determination, and required findings provided in Article 18.08 of the Davis Municipal Code.
(Ord. 2408 § 1, 2013)