Los Angeles Municipal Code Div. D Report of Residential Property Records and Pending and Recorded Liens

(Division D Added to Ch. 9, Art. 6 by Ord. No. 144,942, Eff. 8/24/73.) (Title Amended by Ord. No. 151,841, Eff. 2/17/79.)

Section 96.300 Intent. 96.301 Definitions. 96.302 Reports Required. 96.303 Application. 96.304 Contents of Reports. 96.305 Fee for Reports. 96.306 Effective Period of Report. 96.307 Delivery of the Report. 96.308 Exceptions. 96.309 Non-compliance Not to Invalidate Sale or Exchange: Exception. 96.309.1 Information Furnished as Ground for Rescission. 96.310 Effective Date.

(Amended by Ord. No. 174,478, Eff. 4/27/02.)

Pursuant to Article 6.5 (commencing with Section 38780) of Chapter 10, Part 2, Division 3, Title 4, of the California Government Code, it is the intent of the Council of this City to assure that the purchasers of residential property within the City are furnished with reports of matters of City record pertaining to the authorized use, occupancy and zoning classification of residential property prior to sale or exchange. It is further the intent of the City Council to assure that purchasers of residential property within the City are furnished with reports of certain pending special assessment liens listed below; information regarding the installation of metal bars, grilles, grates, security roll-down shutters, and similar devices over emergency escape windows in sleeping rooms; smoke detectors; impact hazard glazing; water conservation devices; seismic gas shutoff valves; certificates of occupancy and sewer permits.

For the purposes of this division:

(a) “Owner” shall mean any person, partnership, association, company, corporation or fiduciary in whom or which is vested legal title to residential property as defined herein, or who or which possesses the

power to convey legal title to such residential property.

(b) “Residential property” shall mean:

(1) Any real property improved with one or more buildings or structures which in whole or in part are used for or are legally permitted to be used for dwelling units or guest room purposes.

(2) Any vacant real property located in a zone wherein dwelling or guest room uses are legally permitted.

(c) “Agreement of sale” shall mean any agreement, reduced to writing, which provides that legal title of any real property shall thereafter be conveyed from one owner to another.

(d) “Brush abatement” shall mean those proceedings initiated by the City under the authority of Title 4, Division 3, Part 2, Chapter 13, of the Government Code of the State of California, where the Fire

Department has determined that a fire hazard exists by reason of the presence upon real property of brush which the City Council may order removed under the authority of the above-mentioned chapter of the Government Code.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

Prior to entering into an agreement of sale or contracting for an exchange of any residential property, or, where an escrow agreement has been executed in connection therewith, prior to close of escrow, the owner or the owner’s agent shall obtain from the Department a report of the Superintendent of Building and a report of the City Engineer; said reports, containing the information specified in LAMC Section 96.304.

(Amended by Ord. No. 180,619, Eff. 5/12/09.)

Upon written application by the owner or the owner’s agent to the Department of Building and Safety on forms provided by the City and the payment of a fee specified herein to the Department of Building and Safety, the Superintendent of Building and the City Engineer shall review the appropriate City records. This application shall contain the name and address of the owner, the legal description, the county assessor’s map book page and parcel number and, if available, the street address of the residential property for which the reports are sought.

The application for the report regarding a sale or exchange of a residential property shall not be accepted by the Department of Building and Safety until such time as the applicant provides the Department of Building and Safety with one of the following:

1. A declaration under penalty of perjury by the owner certifying that in the residential property for which the report is sought:

   (a) Smoke detectors have been installed in accordance with Section 91.8603 of the Los Angeles Municipal Code; and

   (b) Impact hazard glazing has been installed in accordance with Section 91.6101 of the Los Angeles Municipal Code; and

   (c) Water conservation devices have been installed in accordance with Section 122.03 of the Los Angeles Municipal Code;

   (d) Metal bars, grilles, grates, security roll-down shutters, and similar devices over emergency escape windows in sleeping rooms have been installed in accordance with Section 91.6304.3 of the Los

   Angeles Municipal Code; and

   (e) Lights and locks have been installed in accordance with Section 91.8607 of the Los Angeles Municipal Code; and

   (f) Seismic gas shutoff valves have been installed in accordance with Section 94.1217 of the Los Angeles Municipal Code.

2. A declaration under penalty of perjury by the owner certifying that in the residential property for which the report is sought:

   (a) Smoke detectors will be installed in accordance with Section 91.8603 of the Los Angeles Municipal Code; and

   (b) Impact hazard glazing will be installed in accordance with Section 91.6101 of the Los Angeles Municipal Code.

   The owner shall further certify that such smoke detectors and/or impact hazard glazing will be installed prior to entering into an agreement of sale or contracting for an exchange of a residential property, or, where an escrow agreement has been executed in connection therewith, prior to close of escrow, and that within ten days after the smoke detectors and/or impact hazard glazing is/are installed the owner will so advise the Department of Building and Safety in writing; and

   (c) Water conservation devices will be installed in accordance with Section 122.03 of the Los Angeles Municipal Code;

(d) Metal bars, grilles, grates, security roll-down shutters, and similar devices over emergency escape windows in sleeping rooms will be installed in accordance with Section 91.6304.3 of the Los Angeles Municipal Code; and

(e) Lights and locks will be installed in accordance with Section 91.8607 of the Los Angeles Municipal Code; and

(f) Seismic gas shutoff valves will be installed in accordance with Section 94.1217 of the Los Angeles Municipal Code.

3. A declaration under penalty of perjury by the buyer certifying that in the residential property for which the report is sought:

   (a) Smoke detectors will be installed in accordance with 91.8603 of the Los Angeles Municipal Code Section; and

   (b) Impact hazard glazing will be installed in accordance with Section 91.6101 of the Los Angeles Municipal Code.

   The buyer shall further certify that such smoke detectors and/or impact hazard glazing will be installed within 30 days after entering into an agreement of sale or contracting for an exchange of a residential property, or, where an escrow agreement has been executed in connection therewith, within 30 days after close of escrow, and that within 10 days after the smoke detectors and/or impact hazard glazing is/are installed the buyer will so advise the Department of Building and Safety in writing; and

   (c) Water conservation devices have been installed in accordance with Section 122.03 of the Los Angeles Municipal Code;

   (d) Metal bars, grilles, grates, security roll-down shutters, and similar devices over emergency escape windows in sleeping rooms have been installed in accordance with Section 91.6304.3 of the Los

   Angeles Municipal Code; and

   (e) Lights and locks have been installed in accordance with Section 91.8607 of the Los Angeles Municipal Code; and

   (f) Seismic gas shutoff valves will be or have been installed in accordance with Section 94.1217 of the Los Angeles Municipal Code.

   4. The Department of Building and Safety shall deliver to the applicant, either in person or by mail, the reports required within 15 calendar days after the date of the acceptance of the application.

   5. The owner must also provide a declaration under penalty of perjury that the owner has inspected the property for the existence of protected trees and the number of protected trees, if any, located on the subject property. For the purposes of this section, the definition of “protected tree” set forth in Section 46.01 the Los Angeles Municipal Code shall apply. The declaration shall also authorize the Bureau of Street Services within the Department of Public Works to verify this information by entry upon the subject property. A fee may be collected for any inspection required to verify the declaration. The fee shall be determined and adopted in the same manner as provided in Section 12.37 I.1 of the Los Angeles Municipal Code for establishing fees.

(a) Report of Superintendent of Building. The report of the Superintendent of Building shall contain the following information so far as it is available in the records of the Department of Building and Safety:

(1) The zoning classification of the property in question.

(2) The authorized occupancy and use of the subject property as shown by building permits or certificates of occupancy of record.

(3) Existing orders or the estimated amount of pending assessments of record which are the result of the Superintendent of Building having awarded a contract for the demolition of buildings or structures upon the subject residential property which demolitions were ordered to be performed by the Superintendent of Building under the provisions of the Los Angeles Municipal Code.

(4) The declaration made pursuant to the provisions of LAMC Section 96.303. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

(5) A copy of any Certificate of Occupancy issued with respect to the subject property pursuant to LAMC Section 91.109. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

(6) A listing of all document and reference numbers written or printed directly on the individual lot for which the report is requested as shown on the Zoning Map maintained by the Department of Building and Safety. (Added by Ord. No. 157,177, Eff. 11/28/82.)

(7) Any current resolution by the City Council placing the property into the Rent Escrow Account Program of the City of Los Angeles. Notice of this resolution shall also be filed in the Office of the County Recorder. (Added by Ord. No. 170,445, Eff. 5/6/95, Oper. 7/5/95.)

(b) City Engineer Reports. (Amended by Ord. No. 151,841, Eff. 2/17/79.) The City Engineer report shall contain the following information:

(1) An estimate of pending assessment liens on residential properties for public maintenance of private streets. Such estimate shall be provided upon determination of the cost of correcting any hazardous condition upon a private street whenever such corrective work is ordered by the Board of Public Works pursuant to the provisions of Section 65.13 of this Code.

(2) An estimate of pending special assessment liens for public improvements proposed under assessment procedures authorized by State law for which an ordinance of intention has been adopted by the City Council of this City.

(3) Pending special assessment liens for weed clearance originating under the provisions of Title 4, Division 3, Part 2, Chapter 13 of the Government Code of the State of California.

(4) Notices of record to repair sidewalks issued by the Department of Public Works under the authority of Chapter 22 of Part 3 of Division 7 of the Streets and Highways Code of the State of California.

(5) Existing orders or notices of record received by the Department of Public Works from the Fire Department requesting the initiation of proceeding for brush abatement under the provisions of Title 4, Division 3, Part 2, Chapter 13, of the Government Code of the State of California.

(6) All recorded assessment liens as known to the City Engineer except for street lighting maintenance assessment liens.

(7) Whether or not a house sewer connection permit has been issued pursuant to Section 64.12 of the Los Angeles Municipal Code. (Added by Ord. No. 154,431, Eff. 11/6/80.)

(8) Notices of making of application for essential public utilities assessments pursuant to Chapter 8 of Division 6 of the Los Angeles Administrative Code, which have not yet been acted upon by the City Council, or, if acted upon, have resulted in an assessment lien which is not yet delinquent. (Added by Ord. No. 162,383, Eff. 6/13/87.)

(Amended by Ord. No. 166,567, Eff. 2/18/91.)

Every owner or agent for the owner, who applies for a Report of Residential Property Records and Pending Special Assessment Liens shall pay to the Department of Building and Safety a fee therefor in the sum of sixty- five dollars ($65.00). Of this amount, eighteen dollars ($18.00) shall be credited to the department’s receipts of the Bureau of Engineering, Department of Public Works, and the balance shall be credited to the department receipts of the Department of Building and Safety.

No new report need be obtained by a owner for a residential property for a period of six months after the issuance of a report under the provisions of this division. During said six-months period the City may notify the applicant, at no extra charge to the applicant, of new information of City record that makes the original report obsolete.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

The reports of the Superintendent of Building and the City Engineer shall be delivered by the owner or the owner’s agent to the buyer or transferee of the subject residential property prior to entering into an agreement of sale or exchange of said property. Except that where in connection with said sale or exchange an escrow agreement has been executed, the seller or the seller’s agent may transmit said reports to the escrow agent with an instruction that said agent present these reports to the buyer or transferee prior to close of escrow, or may instruct the escrow agent to obtain said reports pursuant to the provisions of LAMC Sections 96.303 and 96.305 and present them to the buyer or transferee prior to close of escrow.

(Amended by Ord. No. 153,077, Eff. 11/30/79.)

The provisions of the division shall not apply to:

(a) Property exempt from taxation under the Documentary Transfer Tax Act of the State of California.

(b) The first sale of a residential building or condominium 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. Provided, however, that such exception shall not apply to a condominium created in a condominium conversion project, as said terms are defined in LAMC Section 12.03. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

For the first six months after the effective date of the ordinance creating this division, compliance with its provisions by owners of residential property or their agents shall be on a voluntary basis. After the expiration of the aforesaid six-month period, compliance with the provisions of this division shall be mandatory upon those owners of residential property or their agents to whom by its terms it applies.