Pursuant to Article 6.5 (commencing with Section 38780), Chapter 10, Part 2, Division 3, Title 4, of the Government Code of the state, it is the intent of the Council to assure that the grantee of a residential building within the City is furnished a report of matters of city record pertaining to the authorized use, occupancy and zoning classification of real property prior to sale or exchange. It is further intended to protect the unwary buyer of residential property against undisclosed restrictions on the use of the property.
(Formerly 15.12.010; 1960 code § 6.35; Ord. 1833 § 9, 2007; Ord. 2065 § 1(A), 2018)
As used in this chapter:
A. 
"Agreement of sale"
shall mean any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner.
B. 
"Owner"
means any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property.
C. 
"Residential building"
means any improved real property designed or permitted to be used for dwelling purposes, situated in the City, and shall include the buildings or structures located on such improved real property.
(Formerly 15.12.020; 1960 code § 6.36; Ord. 1833 § 9, 2007; Ord. 2065 § 1(A), 2018)
Prior to entering into an agreement of sale or exchange of any residential building, the owner, or his authorized representative shall obtain from the City a report of the residential building record showing the matters set forth in LMC § 15.16.050. Such report shall be valid for a period not to exceed six months from the date of issue.
(Formerly 15.12.030; 1960 code § 6.37; Ord. 1833 § 9, 2007; Ord. 2065 § 1(A), 2018)
The provisions of this chapter shall not apply to the first sale of a residential building located in a subdivision whose final map has been approved and recorded in accordance with the Subdivision Map Act not more than two years prior to the first sale.
(Formerly 15.12.040; 1960 code § 6.40; Ord. 1833 § 9, 2007)
Upon application of the owner or authorized owner's agent and the payment to the City of a fee established by resolution of the City Council, the building official shall review pertinent residential building records on file with the building department and deliver to the applicant a report which shall contain, where available, the following information:
A. 
The street address and assessor's parcel number for the property;
B. 
The zone classification and authorized use;
C. 
The occupancy, as indicated and established by permits of record;
D. 
Variances, conditional use permits, exceptions, and other pertinent legislative acts of record; and
E. 
Any special restrictions in use or development which may apply to the property.
(Formerly 15.12.050; 1960 code § 6.38; Ord. 1368 § 1, 1991; Ord. 1833 § 9, 2007; Ord. 2065 § 1(A), 2018)
The report of residential building record 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 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 department as evidence of compliance with the provisions of this chapter.
(Formerly 15.12.060; 1960 code § 6.39; Ord. 1833 § 9, 2007; Ord. 2065 § 1(A), 2018)