Daly City Municipal Code Ch. 15.44 Residential Requirements Report

Pursuant to Article 6.5 (commencing with Section 38780) Chapter 10, Part 2, Division 3, Title 4 of the Government Code, it is the intent of the city council 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 sale or exchange. It is the further intent to protect the unwary buyer of residential property against undisclosed restrictions on the use of the property.

(Ord. 992 § 1 (part), 1983)

A. "Agreement of sale" means any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another.

B. "Owner" means any person, copartnership, association, corporation or fiduciary having legal or equitable title or 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 includes the building or structures located on said improved real property, but does not include apartments or hotels containing three or more of guest rooms, or motels.

(Ord. 992 § 1 (part), 1983)

Prior to entering into an "agreement of sale" or exchange of any residential building, the owner or his authorized representative shall obtain from the city a report of the residential building record showing the regularly authorized use, occupancy, and zoning classification of such property. Said report shall be valid for a period not to exceed six months from date of issue.

(Ord. 992 § 1 (part), 1983)

A. Upon application of the owner or his authorized agent and the payment of fee as prescribed by resolution of the city council, the department of public works, building division, shall 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:

1. The street address of subject property;

2. Present authorized occupancy or use;

3. Zoning district in which property is located;

4. Whether the city planner's records reveal an expiration date for any nonconforming use of the property;

5. Certificate of occupancy, if any;

6. Occupancy classification;

7. Building construction date;

8. Original occupancy or use;

9. Construction, conversion or alteration permits issued, if any;

10. Whether the property is located within a redevelopment area which has been approved by the city council;

11. Is this property within or does it abut upon the right-of-way of a freeway route which has been adopted by the State Highway Commission and approved by the city council;

12. Is this property within or does it abut upon the right-of-way of a route of the Bay Area Rapid Transit District as shown on the land acquisition maps thereof;

13. Does this property abut upon a street which is to be widened pursuant to action of the city council;

14. Has this property been declared condemned or abated;

a. Has there been condemnation or abatement hearings held, disposition of which is still pending;

15. The number of structures on the property.

B. On the face of the report shall appear the following notes:

The City of Daly City has an ordinance requiring that before there can be a resale of any residential unit, there must be a smoke detector installed in said residential unit, as provided by ordinance in the Daly City Municipal Code.

This report was compiled from records of City Departments. There has been no physical examination of the property itself. This report makes no representation that the property is in compliance with the law.

Additionally, Daly City properties are as close as three miles and as far as six and one-half miles from the San Francisco International Airport, which is the fifth largest airport by volume in the world.

(Ord. 1209 § 1, 1994; Ord. 992 § 1 (part), 1983)

The report of 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 consummation of the sale or exchange. The buyer or transferee shall execute a receipt therefor as furnished by the city and said receipt shall be delivered to the Building Division as evidence of compliance with the provisions of this chapter.

(Ord. 992 § 1 (part), 1983)

The provisions of this chapter 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.

(Ord. 992 § 1 (part), 1983)

No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provision of this chapter, unless such failure is an act or omission which would be a valid ground for rescission of such sale or exchange.

(Ord. 992 § 1 (part), 1983)

This chapter shall not be construed to hold the city or any officer, employee or representative of city responsible for any information or lack of information in said report.

(Ord. 992 § 1 (part), 1983)