Belvedere Municipal Code Ch. 16.24 Residential Building Records Reports

Sections:

• 16.24.010 Intent of provisions.

• 16.24.020 Definitions.

• 16.24.030 Report—Required prior to sale or exchange of certain property.

• 16.24.040 Report—Application—Fee—Information Contained.

• 16.24.045 Report—Sewer lateral inspection.

• 16.24.050 Report—Delivery to buyer or grantee when.

• 16.24.070 Report—Duties of agents.

• 16.24.080 Exceptions to chapter applicability.

• 16.24.090 Liability limitations.

• 16.24.100 Failure to comply—Effect on property sale or exchange.

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 or residential lot 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 thereof. It is the further intent to protect the unwary buyer of residential property against undisclosed restrictions on the use of the property and conditions in violation of the life safety requirements as set forth by the City’s Municipal Code. (Ord. 2004-3 § 2, 2004; Ord. 183 NS § 1, 1973; prior code § 178-1.)

A. “Agent” means any person, copartnership, association, corporation or fiduciary representing an owner with respect to any sale, exchange or transfer covered under this Chapter.

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 building or structures located on said improved real property.

• D. “Residential lot” means any unimproved real property in any residential zone of the City.

E. “Sewer lateral” means that portion of the residential sanitary sewer beginning at the building foundation and extending up to and including the connection to the City sewer main. (Ord. 2004-3 § 3, 2004; Ord. 183 NS § 1, 1973; prior code § 17B-2.)

Prior to the sale or exchange of any residential building or residential lot, the owner shall obtain from the City, a report of the residential building record. The report shall have two parts: the first, showing the regularly authorized use, occupancy and zoning classification of such property; the second, an inspection, which provides an opportunity to identify potentially hazardous conditions or zoning or building code violations. The City shall be allowed 30 days to issue the report once a complete application is filed as provided in Section 16.24.040. Any potential hazards or zoning or building code violations identified in the report shall require remediation pursuant to Section 1101.2 of the Uniform Housing Code as adopted by Section 16.04.010 of this Title. The report shall be valid for a period not to exceed 12 months from the date of issue. (Ord. 2007-1 § 2, 2007; Ord. 2004-3 § 4, 2004; Ord. 183 NS § 1, 1973; prior code § 17B-3.)

Upon application of the owner and the payment of such fee as shall hereafter be fixed by City Council resolution, the City shall conduct an inspection of the property and review pertinent City records and deliver to the applicant a report of residential building records which shall contain the following information insofar as it is available.

A. The regularly authorized use, occupancy and zoning classification of such property, including the following information:

1. The street address or other appropriate description of the subject property;

2. The zone classification, authorized use, and particular zoning regulations and restrictions applicable to the property;

3. Variances, use permits, revocable licenses, exceptions, and other pertinent legislative acts of record;

4. Any known special restrictions on use or development, which may apply to the subject property;

5. The location of the parcel on the Federal Emergency Management Agency’s Flood Insurance Rate Map;

6. The expiration dates of any building, electrical, plumbing, heating or construction permits, which have been issued for work not yet completed on the premises.

B. Information gathered from the inspection, including identification of potentially hazardous conditions, zoning or building code violations. Any hazards or zoning or building code violations identified in the report shall require remediation within sixty days of the date of the inspection. (Ord. 2007-1 § 3, 2007; Ord. 2004-3 § 5, 2004; Ord. 82-5 § 9, 1982; Ord. 193 NS § 1, 1974; Ord. 183 NS § 1, 1973; prior code § 17B-4.)

As part of the application for a residential building records report, the owner shall provide the City public works superintendent with a current videotaped or DVD report of the entire sanitary sewer lateral serving the building. The report shall include at least a written and graphic description of the sewer lateral as well as a compact disc containing photographs of any notable features of the sewer lateral. Based on the information contained in the report, the City may require repair or modification of the sewer lateral. The City Manager, or his designee, may waive the requirement of a report under this Section for any sewer lateral, or portion thereof, for which he determines that, because of its size or other condition, it would be technically unfeasible to obtain a videotaped or DVD report. (Ord. 2007-1 § 4, 2007; Ord. 2004-3 § 6, 2004.)

The report of residential building record shall be delivered by the owner to the buyer or grantee of the residential building or residential lot prior to the close of escrow. The buyer or grantee shall execute a receipt therefor as furnished by the City, and said receipt shall be delivered by the owner to the City Clerk, as evidence of compliance with the provisions of this Chapter. (Ord. 2004-3 § 7, 2004; Ord. 183 NS § 1, 1973; prior code § 17B-5.)

Any agent of the owner is required to obtain the report, and deliver it to the buyer, and deliver the buyer’s receipt to the City in exactly the same manner as the owner, to the extent that the owner does not do so. (Ord. 183 NS § 1, 1973; prior code § 17B-7.)

The provisions of this Chapter shall not apply to the first sale of a residential building or any sale of a residential lot 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 such sale. (Ord. 183 NS § 1, 1973; prior code § 17B-8.)

The City shall have no liability whatsoever on account of its enactment of this Chapter or on account of the preparation and/or delivery, or the nonpreparation and/or nondelivery, of any report required hereunder, or for any errors or omissions contained in said report; and the City shall in no way be deemed to have waived, or be stopped from asserting, any violation of any City order or enactment or otherwise due to noncompliance or error or omission. (Ord. 183 NS § 1, 1973; prior code § 17B-10.)

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. 183 NS § 1, 1973; prior code § 17B-9(b).)