Cudahy Municipal Code Ch. 15.24 Pre-Sale Housing Inspection

“Agreement of sale” shall mean any written instrument that title to any real property shall thereafter be transferred from one owner to another.

“Owner” shall mean any person, copartnership, association, corporation or fiduciary having legal or equitable title to any interest in any real property.

“Residential real property” shall mean any improved or unimproved real property zoned or used for dwelling purposes, situated in the city of Cudahy, and includes buildings or structures, if any, located on the real property. (Ord. 514 § 1. 2002 Code § 9-7.1).

No owner of residential real property shall sell, exchange, or transfer that property until a real property report is obtained from the city. The real property report shall include the information required by CMC 15.24.040 and shall serve to identify the status and conditions existing on the subject property with respect to the issuance of required building and other uniform code permits, compliance with health, safety, and property maintenance code requirements, the status of, and detection of, any nonconforming or illegal structures, the existence or nonexistence of any land use approvals, and any fees or charges that constitute or would constitute a lien against the property. The purpose of this real property report is to inform the owner of the residential real property as well as the prospective purchaser or transferee of the above-mentioned matters before the sale, transfer or exchange of residential property is completed. (Ord. 514 § 1. 2002 Code § 9-7.2).

The provisions of this chapter shall apply to residential real property. It shall not apply to the following classifications of real property:

(1) Commercial buildings unless the property contains a mixture of residential and commercial uses.

(2) Hotels and motels. (Ord. 514 § 1. 2002 Code § 9-7.3).

Upon application of the owner, and the payment to the city of a fee established by the city council by resolution, the director of community development shall cause to be prepared and then deliver to the owner and buyer or transferee of the property a real property report which shall contain the following information:

(1) The street address or other appropriate description of the property.

(2) A statement of the zoning classification appropriate to the subject property.

(3) A site plan of the subject property with an approximate footprint of the buildings located thereon.

(4) A statement of the use permits and variances granted to the property, including the conditions of approval for such permits.

(5) Conditions of the property that violate the Cudahy Municipal Code or other applicable statutes or codes and other substandard conditions that are found on the subject property by members of the city’s planning staff, the city’s building inspector or the city’s code enforcement officer.

(6) A statement as to whether any building, electrical, plumbing, or heating and air conditioning permit or other uniform code permits are required to be obtained for work already completed on the subject property and whether any such permits that have been issued but final approval of any work thereunder has not been given by the city.

(7) A statement as to whether there appears to be any nonconformity or illegality in the structures on the subject property or the uses being made thereof.

(8) A statement of any taxes, fees, assessments or other charges owed that constitute or would constitute a lien against the property.

(9) A statement as to whether or not the parcel is recognized as a separate lot by the city and whether or not it is a legal building site under city regulations. (Ord. 514 § 1. 2002 Code § 9-7.4).

It shall be the responsibility of the owner of the residential real property to be the applicant for the real property report, to arrange for an inspection and preparation of a real property report for all buildings and exterior areas of the property, and to provide any required notices to tenants of such inspection to permit interior access. (Ord. 514 § 1. 2002 Code § 9-7.5).

The real property report shall be delivered to the owner or the authorized representative or agent of the owner, and then by the owner to the buyer or transferee, pursuant to and in accordance with California Civil Code Section 1102.6a, prior to the close of escrow or effective date of the sale or exchange of the residential real property. (Ord. 514 § 1. 2002 Code § 9-7.6).

Neither the enactment of the ordinance codified in this chapter nor the preparation and delivery of any report required hereunder shall impose any liability upon the city for any errors or omissions contained in the report, nor shall the city bear any liability not otherwise imposed by law. (Ord. 514 § 1. 2002 Code § 9-7.7).

Upon request of the owner, prior to the expiration of the six-month period, the community development department may issue an endorsement to the report, extending its validity for one additional four-month period, showing any changes to the information shown on the original report. There shall be no fee for the issuance of the endorsement. (Ord. 514 § 1. 2002 Code § 9-7.8).

(1) Any person who violates any provision of this chapter shall be subject to the penalties provided in CMC 1.36.010(1).

(2) No sale or exchange of residential real property shall be invalidated solely because of the failure of any person to comply with the provisions of this chapter. However, nothing in this subsection shall abrogate any term or condition to an agreement effectuating the sale or exchange that may require the real property report to be prepared. (Ord. 514 § 1. 2002 Code § 9-7.9).

The fee for issuance of the report shall be established by a resolution of the city council. (Ord. 514 § 1. 2002 Code § 9-7.10).