Azusa Municipal Code Art. XI Real Property Records Report

The city council does find, determine and declare that:

(1) This article is adopted pursuant to the authority of Government Code § 38780 et seq. and other applicable law.

(2) Citizens, property owners and potential property owners in the city need information about property proposed for sale or transfer in order to adequately protect their interests in a sale or transfer. Building and zoning records of the city constitute an important source of such information. Therefore, it is one of the purposes of this article to assist in, but not guarantee, the disclosure of information from city records about real property within the city.

(3) It is also a purpose of this article to assist the city in abating public nuisances and enforcing its building and zoning ordinances by identifying properties in violation of its codes.

(Code 1971, § 15.06.010)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agreement of sale means any agreement or written instrument which provides that title to any property shall be transferred or conveyed from one owner to another owner after the sale.

Owner means any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any property.

Property means any unimproved or improved real property situated in the city and includes the buildings or structures located on the property.

(Code 1971, § 15.06.020)

Cross reference— Definitions and rules of construction generally, § 1-2.

Prior to entering into an agreement of sale of any property, the owner or his authorized representative shall obtain from the city a real property records report as described in section 14-329.

(Code 1971, § 15.06.030)

(a) Upon application of the owner or his authorized agent on a form prescribed by the city and the payment to the city of a fee established by resolution of the city council, the community development director shall review pertinent city records insofar as they are available and, within ten business days after receipt of a complete application, deliver to the applicant a report which contains the following information about such property insofar as it is available as of the date the report is issued:

(1) The street address and assessor number;

(2) The zone classification as set forth in this Code;

(3) The occupancy as indicated and established by permits of record;

(4) Variances, conditional use permits, exceptions, precise plans and other pertinent administrative or legislative acts of record; and

(5) Any special restrictions of use or development of record.

(b) The report shall expire and may not be used for the purpose of compliance with section 14-330 six months after issuance.

(Code 1971, § 15.06.040)

The real property records 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 a receipt therefor as furnished by the city, and the receipt shall be delivered to the community development director as evidence of compliance with this section.

(Code 1971, § 15.06.050)

This article shall not apply to the following:

(1) The first sale of residential or commercial buildings or condominiums 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.

(2) Mobilehomes and trailers occupying land on a month-to-month rental or annual lease agreement where land sales are not involved and the use is in compliance with local zoning requirements.

(3) Buildings and properties acquired or conveyed by the city.

(4) Condominiums, townhouses, dwellings with a planned unit development (PUD), units within a homeowner's association (HOA).

(5) Single family residences built after the year 2000.

(Code 1971, § 15.06.060; Ord. No. 2023-03, § 3, 8-18-23)

(a) No sale or exchange of residential or commercial property shall be invalidated solely because of the failure of any person to comply with any provision of this article, unless such failure is an act or omission which would be a valid ground for recision of such sale or exchange in the absence of this article.

(b) In cases where property has already changed hands and the city requests a seller to provide a report after a sale or transference of property has taken place, an additional fee in the amount of 50 percent of the original fee shall be required if the application fee is not paid within ten days of notice by the city.

(Code 1971, § 15.06.070)

The issuance of the real property records 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 upon it. Neither the enactment of this article nor the preparation of and delivery of any report required under this article shall impose any mandatory duty upon the city to completely and accurately report the information from its records or impose any liability upon the city for any errors or omissions contained in the report.

(Code 1971, § 15.06.080)