Chapter 15.30 — SALES OF RESIDENTIAL PROPERTY—REPORTS OF RESIDENTIAL BUILDING RECORDS

The term "residential building" as used in this chapter means a building containing one or more "dwelling units" as the term "dwelling unit" is defined in Title 18.

(Ord. 690 § 1, 1980: Ord. 601 § 1 (part), 1973)

The term "residential site" means a legally subdivided parcel of land zoned for residential use.

(Ord. 601 § 1 (part), 1973)

Prior to the sale or exchange of any residential building or residential site in the town, the owner or his authorized agent shall obtain from the town a report of the residential building record showing the regularly authorized use, occupancy and zoning classifications of such property and all other pertinent information relating thereto.

(Ord. 601 § 1 (part), 1973)

Prior to the sale or exchange of any residential building or residential site, the owner or his/her authorized agent shall obtain from the Central Marin Fire Authority and provide to the buyer a report of the residential building record showing whether the residential building or residential site is located within a high or very high fire hazard severity and/or located within the town's designated Wildland Urban Interface Zone; the property is in compliance with the town's defensible space standards; if the residential building was constructed prior to January 01, 2010; and disclosing which building features that exist may make the residential building home vulnerable to a wildfire and flying embers.

(Ord. No. 1008, § 2, 10-5-2021)

The report, when completed, shall be personally delivered to the seller or his authorized agent who shall receipt for the same. The owner or his authorized agent shall deliver the report to the buyer or transferee prior to the consummation of the sale. Any title insurance company or other escrow handling the sale or exchange of town residential property shall, prior to closing the sale or transfer, obtain from the buyer a written acknowledgment of the receipt of the report of the residential building records.

(Ord. 601 § 1 (part), 1973)

The seller or transferee or his authorized agent shall pay the town a fee for the report on the dwelling unit. This fee shall be as set by the town council from time to time by resolution.

(Ord. 616 § 12, 1974: Ord. 601 § 1 (part), 1973)

No statements contained in a report of a residential building record issued by the town shall authorize the use or occupancy of any residential building contrary to the provisions of any law or ordinance. Every report issued hereunder shall contain a provision stating that the issuance of such report shall not constitute a representation by the town that the property or its present use is or is not in compliance with the law, and that the report does not constitute a full disclosure of all material facts affecting the property or the desirability of its sale.

(Ord. 601 § 1 (part), 1973)

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

A.

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;

B.

A reconveyance by a trustee pursuant to the provisions of a deed of trust;

C.

A transfer of property made without valuable consideration;

D.

A transfer of property made between co-owners.

(Ord. 601 § 1 (part), 1973)

(a)

Except as provided herein, it is unlawful for the owner of a residential building in the town to sell or exchange the same without first having obtained and delivered to the buyer a report of residential building record. Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars.

(b)

Any person violating any of the provisions or failing to comply with any of the requirements of this chapter, including those that have been adopted by reference herein, shall be subject to administrative citation and fines as set forth in Chapter 9.05 of Title 9 of this code.

(Ord. 601 § 1 (part), 1973; Ord. No. 1007, § 17, 6-15-2021)