Bell Municipal Code Ch. 15.38 Pre-Sale Inspection of Buildings and Property

Pursuant to the provisions of Sections 38780 to 38785 inclusive of the California Government Code, and Article IV of the Charter of the City of Bell, it is the intent of this city council to protect the grantee or transferee of residential properties within the City of Bell against unpermitted construction of additions, alterations or improvements on property by requiring that the grantee or transferee of property be furnished with a report of matters of public record and compliance therewith pertaining to the authorized use, occupancy and zoning classification of such property prior to the sale or exchange thereof.

(Ord. 1173 § 1, 2008; Ord. 1275 § 1, 2022)

"Agreement of sale"

is defined as any agreement or written instrument, including escrow instructions, which provides that title to any real property shall thereafter be transferred from one owner to another.

"Commercial property"

is defined as any improved real property designed or permitted to be used for commercial purposes, situated in the City of Bell, and shall include the building or structures located on said improved real property.

"Consummation of the sale or transfer"

is defined as the signing of final documents at the close of escrow which documents provide that title to any property is transferred from one owner to another.

"Industrial property"

is defined as any improved real property designed or permitted to be used for industrial purposes, situated in the City of Bell, and shall include the building or structures located on said improved real property.

"Owner"

is defined as any person, partnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property.

"Residential property"

is defined as any improved real property designed or permitted to be used for dwelling purposes, situated in the City of Bell, and shall include the building or structures located on said improved real property.

(Ord. 1173 § 1, 2008)

A. Prior to entering into an agreement of sale for the exchange of any residential property, the owner of said property shall obtain from the City of Bell a report as defined in Section 15.38.050.

B. The owner may assign his or her responsibility under this section to an authorized representative only by a written assignment signed by the representative who acknowledges that he or she has read and understands the duties of this chapter and will assume the criminal and civil responsibility for compliance.

(Ord. 1173 § 1, 2008; Ord. 1275 § 1, 2022)

The fees for a pre-sale inspection report for a residential, commercial or industrial property shall be established by resolution of the city council, which shall be kept on file in the office of the Bell city clerk.

(Ord. 1173 § 1, 2008)

A. Upon application of the owner, or his or her authorized representative, and the payment of the required fees, the building and safety department shall review pertinent city records and make an inspection of the subject property for the purpose of ascertaining that major structural additions, modifications and alterations apparent during inspection have been made with the appropriate permits.

B. The inspection shall be an exterior inspection of the subject property; however, the building and safety department may enter all garages and other nonresidential structures for the purposes set forth herein. Further, if requested to do so by the owner, the building and safety department shall also make an interior inspection of any residential structures for the purposes set forth herein.

C. The building and safety department shall thereafter deliver to the applicant a report which shall contain the following information, to the extent it is available:

1. The street address and assessor's parcel number of the subject property.

2. Number of permitted residential units, including JADUs and ADUs permitted on the subject property.

3. The Results of the Inspection Listing. Major structural additions, modifications or alterations that have been performed without the appropriate permits.

4. A disclaimer provision that meets with the approval of the city attorney but at a minimum includes a representation that the scope of the field inspection is limited to major structural additions, modifications or alterations readily apparent from the inspection.

(Ord. 1173 § 1, 2008; Ord. 1275 § 1, 2022)

A. The report shall be on such form as the director of the building and safety department may approve. the report shall be delivered by the owner, or the owner's authorized representative, to the prospective buyer or transferee of the property, and each of them, not later than 15 calendar days prior to the consummation of the sale or transfer. Such report shall be made available to the prospective buyer or transferee at the premises of the subject property or at the premises of any authorized representative of the owner.

B. Upon receipt of the report, the prospective buyer or transferee, and each of them, shall execute a receipt therefor as furnished by the city and the receipt shall be delivered to the building and safety department as evidence of compliance with the provisions of this chapter.

C. The report shall be valid for a period of six months from the date of issuance.

(Ord. 1173 § 1, 2008)

The provisions of this chapter shall not apply to the following:

A. Transfers involving the first sale of property located in a new subdivision whose final map has been approved and validly recorded not more than two years prior to the first sale;

B. Transfers which are required to be preceded by furnishing to a prospective buyer or transferee a copy of a public report pursuant to Section 11018.1 of the California Business and Professions Code;

C. Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain, or transfers resulting from a decree for specific performance;

D. Transfers to a mortgagee by a mortgagee in default, transfers to a beneficiary of a deed of trust by a trustor in default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, or transfers by a sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale. When a sale takes place after a foreclosure, a pre-sale inspection is required;

E. Transfers by a fiduciary in the course of the administration of a guardianship or conservatorship, except if such transfer is a sale;

F. Transfers from one co-owner to one or more other co-owners;

G. Transfers made to a spouse, parent or child of one or more owners;

H. Transfers between spouses resulting from a decree of dissolution of a marriage or a decree of legal separation or from a property settlement agreement incidental to such decrees;

I. Transfers by the State Controller in the course of administering the Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the California Code of Civil Procedure);

J. Transfers to a governmental entity under eminent domain or threat of eminent domain.

(Ord. 1173 § 1, 2008)

A. Any owner, or authorized representative of any owner, violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, may be punishable to the maximum extent permitted by law.

B. No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provisions of this chapter unless such failure is an act or omission which would be a valid ground for rescission of such sale or exchange in the absence of this chapter.

(Ord. 1173 § 1, 2008; Ord. 1275 § 1, 2022)

Inspection pursuant to Section 15.38.050 does not constitute a warranty or guarantee by the city that violations other than those disclosed do not exist. No inspection shall be construed to estop or prevent the city from taking any and all actions to enforce the provisions of any law, ordinance or regulation which the city may have. The omission from a report of any illegal condition(s) of real property, or structures thereon, shall not act to prevent the city from thereafter causing the illegal condition(s) to be brought into compliance or abated. No liability shall accrue to the city for errors, omissions or inaccuracies in the report. 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.

(Ord. 1173 § 1, 2008; Ord. 1275 § 1, 2022)

The director of building and safety is authorized to delay immediate action to abate any violation(s) observed as the result of conducting the inspection and completing the report if:

The prospective buyer or transferee of the subject property executes a "Buyer's Acknowledgment of Property Condition Agreement" whereby the buyer will accept full responsibility to correct and completely abate the listed violations within such times as the buyer and the director of building and safety may agree upon, not to exceed six months after consummation of the sale.

(Ord. 1173 § 1, 2008; Ord. 1275 § 1, 2022)