Fairfax Municipal Code Ch. 15.08 Reports of Residential Building Records

Pursuant to the provisions of Cal. Gov't Code §§ 38780 to and including 38785, it is the intent of the Council to assure that the grantee of a residential building within the town is furnished a report of matters of town 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.

(Prior Code, § 15.32.010) (Ord. 730, passed 12-5-2007)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGREEMENT OF SALE. Any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner.

OWNER. Any person, co-partnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property.

RESIDENTIAL BUILDING. Any improved real property designed or permitted to be used for dwelling purposes, situated in the town and includes the building or structures located on the improved real property.

(Prior Code, § 15.32.020) (Ord. 730, passed 12-5-2007)

Prior to entering into an agreement of sale or exchange of any residential building, the owner shall obtain from the town a report of the residential building record showing the regularly authorized use, occupancy and zoning classification of the property. The report shall be valid for a period not to exceed 12 months from date of issue.

(Prior Code, § 15.32.030) (Ord. 485, passed - -1982; Am. Ord. 730, passed 12-5-2007; Am. Ord. 773, passed 12-4-2013)

(A) Upon application of the owner and the payment to the town of a fee in accordance with the schedule of fees as fixed by resolution of the Town Council, the Building Inspector shall review pertinent town records and inspect the premises in question.

(B) Upon completion of the review and the inspection, he or she shall deliver a report to the buyer which shall contain the following information:

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

(2) A parcel drawing of the subject property, which may be a reproduction of a portion of the maps of the County Assessor;

(3) A statement of the zoning classification applicable to the property in question, together with a summary of the uses permitted within that zone;

(4) A statement of the variances and use permits, if any, granted to that property, together with the conditions and restrictions of the permits;

(5) A statement as to whether any construction, electrical, plumbing or comfort heating building permits have been issued for work not yet completed on those premises;

(6) A statement as to whether there appears to be any non-conformity or illegality in the structures on the property or the uses being made thereof; and

(7) The resale report shall also contain a statement identifying those toilets in the residential structure that need to be replaced with water conserving toilets.

(Prior Code, § 15.32.040) (Ord. 440, passed - -1978; Am. Ord. 441, passed - -1978; Am. Ord. 687, passed 10-2-2001; Am. Ord. 730, passed 12-5-2007)

(A) The report of residential building record shall be delivered by the owner or his or her authorized agent to the buyer or transferee of the residential building prior to the consummation of the sale or exchange.

(B) The buyer or transferee shall execute a receipt therefor, as furnished by the town, and the receipt shall be delivered by the owner to the Building Inspector, as evidence of compliance with the provisions of this chapter.

(Prior Code, § 15.32.050) (Ord. 730, passed 12-5-2007)

(A) Upon written request of the owner prior to the expiration of the 12-month period referred to in § 15.08.030, the Building Inspector may issue an endorsement to the report, extending its validity for one additional three-month period, showing any changes to the information shown on the original report.

(B) The fee for the issuance of the endorsement shall be one-third of the original filing fee.

(C) In cases where the Inspector makes a site visit prior to issuing the endorsement a special inspection fee authorized by resolution of the Town Council shall be charged.

(Prior Code, § 15.32.060) (Ord. 485, passed - -1982; Am. Ord. 730, passed 12-5-2007; Am. Ord. 773, passed 12-4-2013)

The provisions of this chapter do 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.

(Prior Code, § 15.32.070) (Ord. 730, passed 12-5-2007)

(A) Anyone in violation of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided by the provisions of Municipal Code §§ 1.08.010 and 1.08.040.

(B) No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provisions of this chapter unless the failure is an act or omission which would be a valid ground for rescission of the sale or exchange in the absence of this chapter.

(Prior Code, § 15.32.080) (Ord. 730, passed 12-5-2007)

The residential building record report shall be compiled from the records of the town and from an inspection of the property. The issuance of the report is not a representation by the town that the subject property or its present use is or is not in compliance with the law. Neither the enactment of this chapter nor the preparation and delivery of any report required hereunder shall impose any liability upon the town for any errors or omissions contained in the report, nor shall the town bear any liability not otherwise imposed by law.

(Prior Code, § 15.32.090) (Ord. 730, passed 12-5-2007)

(A) Upon completion of sale of property as required by this chapter, the seller shall furnish the Building Official with a statement of settlement charges between buyer and seller, indicating which one will be making repairs required by the resale inspection report.

(B) If the buyer is responsible, the buyer will, within 30 days from close of escrow, obtain necessary permits to perform the required work and complete all of the repair work within a reasonable time; if the seller has agreed to perform required repairs or necessary work, the permit must be obtained by the seller prior to close of escrow and the work or repair commenced forthwith and completed within a reasonable time.

(Prior Code, § 15.32.100) (Ord. 440, passed - 1978; Am. Ord. 441, passed - 1978; Am. Ord. 730, passed 12-5-2007)