Del Rey Oaks Municipal Code Ch. 15.40 Residential Property Inspection Program

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

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 owner, including a lease with option to buy.

Buyer means any person, copartnership, association, corporation, fiduciary or other legal or business entity which intends to sign an agreement or instrument which on its face appears to be legally binding or is intended to be legally binding, subject to specified conditions. Such agreement or instrument shall include, but is not necessarily limited to, a deposit receipt, seller's instructions, contract of sale, exercise of option to buy or executed deed when there is no prior written agreement.

Owner means any person, copartnership, association, corporation, fiduciary or other legal or business entity having legal or equitable title or any interest in any residential property; or any realtor, real estate broker or agent representing such owner.

Residential property means all improved real property which is, or by virtue of the zoning thereon, may be used for residential purposes.

(Prior code § 11-460.1)

Prior to the close of escrow or transfer of title for such property shall obtain from the city a residential property inspection report. An inspection of any other type of real property may be requested by the owner thereof, and if so requested, such report shall be subject to the terms and conditions as a residential property inspection report required hereunder. A fee of $25.00 shall be charged for any single-family residence inspected. A fee of $10.00 shall be charged for any individual condominium unit inspected. All other residential or other property inspections shall be made at the rate of $15.00 per hour, including travel time.

(Prior code § 11-460.2)

A. Upon application by the owner or his authorized agent and subject to payment of the fee required, the city shall review pertinent city records, conduct an exterior inspection of the subject property and deliver to the applicant within four working days a residential property inspection report which shall contain the following information, insofar as same is of record or is revealed in the course of an exterior inspection by the city:

1. Street location, address and parcel number of the subject property;

2. Zone classification and authorized use;

3. Occupancy as indicated and established by permits or record;

4. Variances, conditional use permits, exceptions and other pertinent legislative acts of record;

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

6. Violations of the codes, ordinances and regulations of the city existing upon the subject property and its improvements which are of record or are revealed in the course of an exterior inspection by the city.

B. Errors or omissions in such report shall not bind or estop the city from abating any dangerous defects on the property by legal action against the seller, buyer or any subsequent owner. Such report does not address guarantees of the structural stability of any existing building nor does it relieve the owner, his agent, architect or builder from designing and building a structurally stable building which meets the requirements of adopted codes and ordinances. Such report shall be valid only as to the specific transaction for which the inspection and review of record was made by the city; provided, however, that in the event such transaction is not consummated, the report shall be valid for a period of one hundred eighty (180) days on the condition that if a subsequent transaction is arranged during that period the property shall again be inspected by the city and a supplemental report issued, if necessary, without charge to the owner.

(Prior code § 11-460.3)

This chapter shall not apply to first sale of a newly constructed residential property and within six months after final inspection by the city.

(Prior code § 11-460.4)

Upon receipt of the residential property inspection report, the seller or his authorized agent shall present such report, or an exact copy of such, to the buyer prior to transfer of title of such property to such buyer. Buyer shall, upon receipt of such report, execute a receipt for such report upon a form provided by the city, and such receipt shall be returned either by hand delivery or first class mail to the building department of the city.

(Prior code § 11-460.5)

Violations of this chapter shall be an infraction.

(Prior code § 11-460.6)

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 recision of such sale or exchange in the absence of this section.

(Prior code § 11-460.7)