Compton Municipal Code § 14-2 Reports of Residential Records

[Added by Ord. #1422, § 8126; Ord. #1434]

The intent of the Council is 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 its sale or exchange. It is the further intent of the Council to protect the unwary buyer of residential property against undisclosed Municipal Code and Building Code violations on the property and that the buyer be furnished a report of all existing Code violations.

[Added by Ord. #1422, § 8127; Ord. #1434]

As used in this section:

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.

BUYER

Shall mean any person, copartnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this subsection.

EXCHANGE

Shall mean the transfer of the title of real property or an agreement to transfer real property in consideration for cash or for something other than all cash.

OWNER

Shall mean any person, copartnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property.

RESIDENTIAL BUILDING

Shall mean 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 such improved property.

[Added by Ord. #1422, § 8128; Ord. #1434; Ord. #1527]

Prior to entering into an agreement of sale or exchange of any residential building, the owner or his authorized representative shall apply for, from the Department of Building and Safety, a report of Building Code violations, if any, in that building and of the residential building records showing the regularly authorized use, occupancy, and zoning classification of such property. Such report shall be valid for a period not to exceed six months after the date of issue. If the provisions of this section would require that an application be made on a holiday, the application shall be made on the next City business day.

[Added by Ord. #1527, § 8128.1; Ord. #1800, § 1; Ord. #1817, § 2; Ord. #1902, § 1; Ord. #2295 § 7]

Fees for the investigation and inspection services required by the provisions of subsection 14-2.3 of this section shall be collected by the Department of Building and Safety. Such fees shall be established by ordinance or resolution of the City Council.

[Added by Ord. #1527, § 8128.2]

The Chief Building Inspector may waive the fee and inspection on real estate inherited or transferred as a result of divorce or order of the court. Parties seeking waivers of fees shall submit documentation to support their requests.

[Added by Ord. #1422, § 8129; Ord. #1434]

Upon the application of the owner or his authorized agent, the Building Official shall schedule an inspection of such property for compliance with the Building Code, shall review pertinent City records, and shall deliver to the applicant a report which shall contain the following information insofar as it is available:

a. The street address and legal description of the subject property;

b. The zone classification and authorized use as set forth in this Code;

c. The occupancy as indicated and established by permits of record;

d. Any variances, conditional use permits, exceptions, or other pertinent legislative acts of record;

e. Any special restrictions in use or development which may apply to the subject property;

f. The nature, extent, and date of the inspection made pursuant to the provisions of this section by the Building Department; and

g. The Code violations, if any, observed by the Inspector at the time of the inspection.

[Added by Ord. #1422, § 8130; Ord. #1434]

The report of the 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 execution of an escrow agreement or of any document of title pertaining to the property and prior to the transfer of any consideration of money, or the like, under any agreement of sale, sale, or exchange of any residential building. The buyer or transferee shall execute a receipt therefor as furnished by the City, and such receipt shall be delivered to the Building Department by the owner or authorized designated representative as evidence of compliance with the provisions of this section.

The Building Official may, in lieu of such completed receipt, accept a declaration or statement under oath of the owner or the authorized representative that the individual making the declaration or statement under oath personally delivered the report to the buyer or transferee. In such cases the Building Official shall enter his decision to waive the completion of the receipt by the buyer or transferee on the receipt and file it in the same manner and to the same effect as if the buyer or transferee had signed the receipt.

[Added by Ord. #1422, § 8131; Ord. #1434]

The provisions of this section 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.

[Added by Ord. #1422, § 8132; Ord. #1434]

The failure of any person to comply with the provisions of this section shall not in and of itself invalidate any agreement for the sale or exchange of residential property.

[Added by Ord. #1422, § 8133; Ord. #1434]

Any person violating any of the provisions of this section shall be guilty of a misdemeanor as provided in Chapter 1, Section 1-6.