Carpinteria Municipal Code Ch. 15.18 Inspection on Sale

This chapter shall be known as the "Inspection on Sale Code of the City of Carpinteria."

(Ord. 476 § 1 (part), 1992)

Except where the context otherwise requires, the following definitions govern the construction of this chapter.

"Agreement of sale" means any agreement or written instrument which provides that title to any property shall, upon consummation of such agreement, be transferred for consideration from an existing owner to another person.

"Building inspector" means the building inspector of the city, or his designee.

"Consummation of an agreement of sale" means the performance of all acts necessary under an agreement of sale to authorize or otherwise allow the transfer of title of the subject residential property.

"Days" means calendar days unless specifically designated otherwise.

"Owner" means any person having legal or equitable title or any interest in any real property.

"Residential property" means single family residences and multifamily residences, including apartment houses, but does not include condominiums in complexes of four or more units and mobile homes.

(Ord. 476 § 1 (part), 1992)

A. Prior to consummation of an agreement of sale concerning any residential property, the seller or his authorized representative shall submit an application, on a form provided by the city, to the building inspector for an inspection on sale report, and pay the fee as adopted and set forth as part of the master fee schedule, as it may be amended from time to time.

B. Under normal circumstances, the inspection on sale report will be completed and available no later than ten business days after the application is received by the building inspector. Upon completion of the inspection on sale report, the building inspector shall cause the report to be mailed to the seller or his authorized representative at the address indicated on the application.

C. The seller or his authorized representative shall provide a copy of the inspection on sale report to the buyer or his authorized representative no later than five days prior to the transfer of title of the subject residential property. The buyer or his authorized representative may waive in writing the requirement for delivery of the report pursuant to the time requirements set forth in this chapter, but in any event the report shall be provided to the buyer or his authorized representative prior to the transfer of title of the residential property.

D. The seller or his authorized representative shall obtain proof of receipt by the buyer or his authorized representative of a copy of the inspection on sale report and submit such receipt to the building inspector prior to the transfer of title. A proof of receipt form shall be provided to the seller along with the inspection on sale report, and shall consist of a statement to be signed and dated by the buyer or his authorized representative stating that the report has been received, the date of the report, and the date it was received.

(Ord. 476 § 1 (part), 1992)

The seller shall be responsible for making the residential property available for inspection as required under the provisions of this chapter.

(Ord. 476 § 1 (part), 1992)

A. The report shall be based on the review by the building inspector or his designee of the applicable city records and a physical inspection of the residential property. The report shall contain the following information:

1. Street address and parcel number of the property;

2. The zoning classification and permitted uses and occupancy of the residential property as set forth in the applicable city ordinances, regulations and records;

3. Variances, special use permits, conditional use permits, modifications and other administrative acts of record;

4. Any special restrictions on use or development which are recorded in city records and may apply to the residential property;

5. Any known nonconformities or violations of city ordinances or regulations; and

6. The results of a physical inspection for compliance with applicable city ordinances and regulations.

(Ord. 476 § 1 (part), 1992)

Each inspection on sale report shall be valid for a period of six months after the date of issue or until a transfer of title occurs as to the subject residential property, whichever is sooner. In the event the validity of an inspection on sale report expires pursuant to this section, a new inspection on sale report must be obtained prior to the transfer of title as to the subject residential property.

(Ord. 476 § 1 (part), 1992)

Nothing contained in this chapter shall prevent an owner from voluntarily requesting the issuance of an inspection on sale report containing the information set forth under Section 15.18.050 of this chapter, at any time for the purpose of determining whether the premises comply with applicable city ordinances and regulations. Upon receipt of such request, together with payment of any fee as may be adopted and set forth as part of the master fee schedule, as it may be amended from time to time, the building inspector shall conduct such inspection and issue a report within twenty-five days from the request therefor.

(Ord. 476 § 1 (part), 1992)

The city manager shall have the power to adopt rules and regulations not in conflict with the provisions of the chapter for the purpose of enforcing and implementing the provisions of this chapter. A copy of such rules and regulations shall be on file in the city clerk's office.

(Ord. 476 § 1 (part), 1992)

The inspection on sale report issued pursuant to the provisions of this chapter is not a representation, guarantee or warranty as to the property's fitness, suitability or freedom from defects, or a complete or exclusive statement of deficiencies or defects concerning the property. Any report issued pursuant to this section shall not constitute authorization to violate or continue violating any ordinance or regulations, regardless of whether the report issued pursuant to this chapter purports to authorize such violation.

(Ord. 476 § 1 (part), 1992)

This chapter shall not apply to any agreement of sale entered into prior to the effective date of the ordinance codified in this chapter.

(Ord. 476 § 1 (part), 1992)

A. The failure to comply with the provisions of this chapter shall not invalidate the transfer or conveyance of residential property to a bona fide purchaser or encumbrancer for value.

B. The ordinance codified in this chapter shall take effect and be in force and effect thirty days from and after its passage; and before the expiration of fifteen days of its passage shall be published once with the names of the members of the city council voting for and against the same in the Carpinteria Herald, a newspaper of general circulation, published in the city.

(Ord. 476 § 1 (part), 1992)