Hawaiian Gardens Municipal Code Ch. 16.10 Report on Available Off-Street Parking

Upon entering into an agreement of sale or exchange of any residential building in a parking-impacted area, as such an area or areas may be designated from time to time for the purposes of this chapter by resolution of the City Council, unless excluded by Section 16.10.080, the owner or his/her authorized representative shall obtain from the City a report setting forth the legally required off-street parking for such property and a statement as to its availability or lack of availability, or an exemption certificate. The report shall specifically identify any off-street parking spaces which should be used for vehicle parking but are not available for such use because of illegal conversion to another use, or any physical condition which prohibits the use of such spaces for normal parking of an automobile. The report or exemption certification shall be valid for a period not to exceed six months from the date of issuance.

(Ord. 401 § 2, 1993)

Upon application of the owner or his/her authorized agent and accompanied by a fee, or a fully executed letter/agreement authorizing payment out of escrow, in or of an amount established by the City Council by resolution, the Planning Director shall review pertinent City records, cause an on-site inspection of the property as provided by Section 16.10.030, and deliver to the applicant a report on the availability of legally required off-street parking.

(Ord. 401 § 2, 1993)

In addition to the information supplied in Section 16.10.020, the Planning Director shall cause a physical inspection of the subject property or, should entry be refused, the Planning Director shall indicate on said report that entry was refused.

(Ord. 401 § 2, 1993)

The fees involved in relation to enforcement of this chapter shall be set forth by City Council resolution.

(Ord. 401 § 2, 1993)

Any unlawful condition relating to the use and maintenance of off-street parking spaces shall be cited by the Inspector. Such condition shall be brought into compliance within 90 days of such citation, or within 60 days of close of escrow, whichever comes first. If such compliance is not obtained, formal enforcement proceedings shall be prosecuted as provided by law.

(Ord. 401 § 2, 1993)

The report on the availability of legally required off-street parking prepared pursuant to Section 16.10.010 shall be delivered by the owner or the authorized designated representative of the owner to the buyer or transferee of the residential building proper to the consummation of the sale or exchange. The buyer or transferee shall execute a receipt therefore as furnished by the City and the receipt shall be delivered to the Planning Department as evidence of compliance with the provisions of Section 16.10.010.

(Ord. 401 § 2, 1993)

The following exceptions shall require an exemption certificate in lieu of the parking availability report:

A. Condominiums, townhomes, apartment buildings and similar buildings whose parking is supplied completely by way of a common parking facility;

B. The first sale of a residential building which has never been occupied;

C. A residential building whereby a review of the records indicates that no parking was ever provided at that site.

(Ord. 401 § 2, 1993)

The provisions of this chapter shall not apply to:

A. Transfers which are required to be proceeded by the furnishing to a prospective transferee of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code;

B. Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers by a trustee in bankruptcy, transfers by eminent domain or transfers resulting from a decree for specific performance;

C. Transfers to mortgagee by a mortgagor in default, transfers to a beneficiary of a deed of trust by a trustor in default, transfers by any foreclosure sale after default, transfers by any foreclosure under default in an obligation secured by a mortgage, or transfers by sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale;

D. Transfer by a fiduciary in the course of the administration of a guardianship, conservatorship or trust;

E. Transfers from one co-owner to one or more co-owners;

F. Transfers made to a spouse, or to a person or persons in the lineal, line or consanguinity of one or more of the transferors;

G. Transfers between spouses resulting from a decree of dissolution of a marriage or a decree of legal separation or from a property settlement agreement incidental to such decrees;

H. Transfers by the State Controller in the course of administering the Unclaimed Property Law (Chapter 7 [commencing with Section 1500] of Title 10 of Part 3 of the Code of Civil Procedure);

I. Transfers to a governmental entity under eminent domain or threat of eminent domain.

(Ord. 401 § 2, 1993)

A. Anyone in violation of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided by the provisions of Chapter 1.12 of the Hawaiian Gardens Municipal Code.

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 such failure is an act or omission which would be a valid ground for invalidation of such sale or exchange in the absence of this chapter.

(Ord. 401 § 2, 1993)

The issuance of the certificate or report provided for by this chapter is not a representation by the City that the subject property, or its present use, is or is not, in compliance with the law. Further, pursuant to the immunities granted by California Government Code Sections 815, 815(b), 818.2 and 818.4, neither the enactment of this chapter nor the preparation of and delivery of any report or certificate required hereunder shall impose a liability upon the City for any errors or omissions contained in such report or certificate, nor the failure to inspect, nor shall the City bear any liability not otherwise imposed by law.

(Ord. 401 § 2, 1993)