The purpose of the Huntington Park Residential Pre-Sale Records and Inspection Report Program ("Report") is to assure new property owners that the residential property they are acquiring is in substantial compliance with the City's housing, building and zoning codes. The inspection program intends to identify significant housing, building and zoning code violations and promote improved quality of life for new residents as well as a vibrant and desirable community.
(§ 1 Ord. 679A-NS, eff. June 20, 2002)
Reports are required to be obtained by the seller or their authorized agent and provided to buyers prior to entering into a sales agreement on all residential properties within one to four residential units and individual condominiums within the City of Huntington Park. Properties otherwise subject to this chapter that have been recently constructed and are being sold to individual consumers for the first time are hereby exempt from this chapter.
(§ 1 Ord. 679A-NS, eff. June 20, 2002)
(a) 
The report shall consist of the following:
(1) 
A check of all building permit records;
(2) 
An inspection of the exterior of the property;
(3) 
An inspection of the interior of all accessory structures on the property;
(4) 
An inspection of the interior condition of the unit(s) when the inspector determines that there is reasonable cause to inspect the interior due to the probability of zoning, building, health or safety violations, or upon request of the owner.
(b) 
The report shall identify the following:
(1) 
Zoning code violations;
(2) 
Building code violations;
(3) 
Health and safety violations.
(c) 
Violations identified shall be classified as either major or minor. Major violations shall be corrected within 60 days unless a serious threat to health and/or safety are observed, in which case, such major violations shall be expedited. The inspector shall have discretion to determine all deadlines to complete major violations which threaten health and/or safety based on the seriousness of the threat. Permits to correct major violations may be necessary. All documented major violations require a follow-up inspection to verify corrections. Minor violations do not require a followup inspection, however, either the seller or buyer must submit a statement within 60 days verifying the corrections have been completed.
(d) 
If the repair period exceeds the escrow period, the buyer may execute a "Buyer's Acknowledgment of Property Condition Agreement" whereby the buyer will accept full responsibility to correct the listed violations within the time period allotted. The buyer may arrange with the seller to repair the property.
(§ 1 Ord. 679A-NS, eff. June 20, 2002)
Prior to entering into an agreement for sale or exchange of any residential property subject to this chapter, the owner and/or the owner's authorized real estate agent must apply for a report from the Huntington Park Building Division by completing a "Residential Pre-Sale Records and Inspection Report Application" ("Application").
(§ 1 Ord. 679A-NS, eff. June 20, 2002)
Fees for the processing of applications, issuance of reports, and issuance of permits, if required, pursuant to this chapter shall be as set forth by resolution of the City Council.
(§ 1 Ord. 679A-NS, eff. June 20, 2002)
The report shall be delivered by the property owner or the authorized designated representative of the owner to the buyer or transferee of the property prior to the execution of the agreement of sale. The buyer or transferee shall execute an "Acknowledgment of Receipt" on a form furnished by the City, which shall be submitted to the Building Division as evidence of compliance with this chapter.
(§ 1 Ord. 679A-NS, eff. June 20, 2002)
Upon completion of any required repairs, the property owner, authorized agent, or buyer/transferee as the case may be, must request an inspection by the Huntington Park Building Division to document correction of all major violations. This subsequent inspection is subject to reinspection fees. During the follow-up inspection, the Building Division Inspector shall verify that all repair work has been completed and necessary permits have been obtained, and shall issue a Clearance Certification.
(§ 1 Ord. 679A-NS, eff. June 20, 2002)
Any person who permits or aids in the sale or exchange of any residential property with one to four units without first complying with this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000, or by imprisonment in a County Jail for not more than six months, or by both that fine and imprisonment.
(§ 1 Ord. 679A-NS, eff. June 20, 2002)
All appeals of orders, decisions, or determinations made by the Huntington Park Building Division relative to the application and interpretation of this chapter shall be heard by the City Manager or designee. Any appeal must be made within 10 days of the order, decision, or determination being appealed. The decision by the City Manager or designee shall be final and no further appeals shall be permitted.
(§ 1 Ord. 679A-NS, eff. June 20, 2002)
Neither the enactment of this chapter nor the preparation of and delivery of any report required under these guidelines shall impose any mandatory duty upon the City nor shall it impose any liability on the City or be deemed to constitute a waiver of any statutory immunities afforded to the City. The issuance of the report is not a warranty or representation by the City that the property or its present use is or is not in compliance with the law. The City does not represent or warrant that the information contained in the report will always be complete and accurate, and all persons receiving the report should independently verify the information contained therein before relying on it.
(§ 1 Ord. 679A-NS, eff. June 20, 2002)