Maywood Municipal Code Ch. 15 Pre-Sale Housing Inspection

"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" shall mean any person, co-partnership, association, corporation or fiduciary having legal or equitable title to or any interest in any real property.

"Real property" shall mean any improved or unimproved real property zoned or used for dwelling purposes, situated in the City, and includes the buildings or structures, if any, located on the rear property.

(§ 1, Ord. 91-378, eff. August 8, 1991)

The provisions of this chapter shall not apply to the following classifications of real property:

(a) Commercial buildings unless the property contains a mixture of commercial and residential uses;

(b) Industrial buildings unless the property contains a mixture of industrial and residential uses;

(c) Hotels and motels, at least seventy-five (75%) percent of the units, which are utilized for transient occupancy only.

(§ 1, Ord. 91-378, eff. August 8, 1991)

Prior to close of escrow or other entry into any agreement for the sale or exchange of any real property, the owner or his authorized representative shall obtain from the City a real property report showing any delinquent rubbish pick-up charges or other lienable charges, and the regularly authorized use, occupancy and zoning classification of such property. The report shall be valid for a period not to exceed six (6) months from the date of issue. The fee for issuance of the report shall be established by resolution of the City Council.

(§ 1, Ord. 91-378, eff. August 8, 1991)

Upon application of the owner and the payment to the City of a fee established by the City Council, the Director of Building and Planning shall deliver a report to the buyer which shall contain the following information:

(a) Delinquent rubbish fee of which the City has been notified and requested to collect;

(b) Charges owed the City which could constitute a lien against the property;

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

(d) A parcel drawing of the subject property with an approximate footprint of the buildings located thereon;

(e) A statement of the zoning classification applicable to the subject property;

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

(g) Substandard property conditions found by the inspector on the property;

(h) A statement as to whether any construction, electrical, plumbing or comfort heating permits have been issued for work not yet completed on the subject property;

(i) A statement as to whether there appears to be any nonconformity or illegality in the structures on the subject property or the uses being made thereof; and

(j) A statement as to whether or not the parcel is recognized as a separate lot by the City, and whether or not it is a legal building site under City regulations.

(§ 1, Ord. 91-378, eff. August 8, 1991)

It shall be the responsibility of the applicant (the property owner or agent for the owner) for a report to arrange for an inspection of all buildings and exterior areas of the property and to provide any required notices to tenants of such inspection in the event the inspector desires such access. The inspection of dwelling units shall be made from the exterior of the buildings unless the inspector believes, based on objective evidence, that illegal subdivisions of the main dwellings exist. In that event the inspector will request to inspect the interior of such units. The inspector will make interior inspections of accessory buildings such as garages, laundry rooms and storage sheds.

(§ 1, Ord. 91-378, eff. August 8, 1991)

The report of real property records shall be delivered by the owner, or the authorized and designated representative of the owner, to the buyer or transferee of the real property prior to the consumption of the sale or exchange. The buyer or transferee shall execute a receipt therefor as furnished by the Building and Planning Department as evidence of compliance with the provisions of this chapter.

(§ 1, Ord. 91-378, eff. August 8, 1991)

Neither the enactment of the ordinance codified in this chapter nor the preparation and delivery of any report required hereunder shall impose any liability upon the City for any errors or omissions contained in the report, nor shall the City bear any liability not otherwise imposed by law.

(§ 1, Ord. 91-378, eff. August 8, 1991)

Upon request of the owner prior to the expiration of the six (6) month period, the Building and Planning Department may issue an endorsement to the report, extending its validity for one additional four (4) month period, showing any changes to the information shown on the original report. There shall be no fee for the issuance of the endorsement.

(§ 1, Ord. 91-378, eff. August 8, 1991)

(a) Anyone in violation of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof is punishable as provided by the provisions of Chapter 2 of Title 1 of this Code.

(b) No sale or exchange of real 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 valid ground for rescission of such sale or exchange in the absence of this chapter.

(§ 1, Ord. 91-378, eff. August 8, 1991)

The Planning Commission shall review this chapter commencing not less than nine (9) months from the effective date of the ordinance codified in this chapter.

(§ 1, Ord. 91-378, eff. August 8, 1991)

If any provision of this chapter is held to be unconstitutional, it is the intent of the City Council that such portion of this chapter be severable from the remainder and that the remainder be given full force and effect.

(§ 1, Ord. 91-378, eff. August 8, 1991)