Manhattan Beach Municipal Code Ch. 9.24 Report of Residential Building Records

Pursuant to Article 6.5 (commencing with Section 38780), Chapter 10, Part 2, Division 3, Title 4 of the Government Code of the State of California, it is the intent of the 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.

A. "Owner" shall mean any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property.

B. "Residential building" shall mean any improved real property designed or permitted to be used for dwelling purposes, situated in the city and shall include the building or structures located on said improved real property.

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

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 (6) months from date of issue.

Upon timely application of the owner or his authorized agent and the payment to the City of a fee established by the Council under separate resolution, the Building Official or his authorized representative 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:

A. The street address and legal description of subject property;

B. The zone classification and authorized use as set forth in this Code;

C. The occupancy as indicated and established by permits of record;

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

E. Any special restrictions in use or development which may apply to the subject property; and

F. Provide a complete Water Conservation Retrofit Form that is in compliance with Senate Bill 407 and Civil Code Section 1101.1. All existing residential buildings shall, at the time of sale before change of ownership, be retrofitted, if not already so, with high efficiency toilets, that meet the most current U.S. Environmental Protection Agency Water Sense program requirements. Exceptions to this requirement shall be as follows:

1. For registered historical sites;

2. For up to one (1) year if a demolition permit has been issued for the building;

3. If a licensed plumber certifies that, due to the age or configuration of the property or its plumbing, installation of the water-conserving plumbing fixtures is not technically feasible;

4. Water service for the building has been permanently disconnected;

5. Other exemptions as determined by the Director of Community Development.

(§ 1, Ord. 1325, eff. September 20, 1973, as amended by § 1, Ord. 1437, eff. December 18, 1975; § 32, Ord. 1458, eff. June 17, 1976; § 5, Ord. 2136, eff. December 16, 2010; § 2, Ord. 2138, eff. December 21, 2010; § 8, Ord. 22-0008, eff. January 1, 2023)

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 Department as evidence of compliance with the provisions of this chapter.

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.

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 Sections 1.04.010 through 1.04.050, inclusive, of this 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 rescission of such sale or exchange in the absence of this chapter.

In cases where property has already changed hands and the City requests a seller to provide a report after a sale or transference of property has taken place, an additional fee in the amount of fifty (50%) percent of the original fee shall be required if the application fee is not paid within ten (10) days of notice by the City.

(§ 1, Ord. 1192, eff. December 4, 1969; § 2, Ord. 1437, eff. December 18, 1975)