Article XX — REPORT OF BUILDING RECORDS

SEC. 14-45. INTENT.

Pursuant to Cal. Gov't Code, Article 6.5, commencing with Section 38780, Chapter 10, Part 2, Division 3 of Title 4, the city council intends to assure that the buyer of a 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.

(`64 Code, Sec. 9-30) (Ord. No. 2383, 2836)

SEC. 14-46. DEFINITIONS.

For the purpose of this article, the following words shall have the following meanings:

(A) AGREEMENT OF SALE - Any agreement or written instrument which provides that any ownership or interest in title to any real property is to be transferred from one owner to another owner.

(B) BUILDING - Any improved real property designed, used or permitted to be used for dwelling, commercial or industrial purposes, situated in the city, and shall include the building or structures located on such improved real property.

(C) OWNER - Any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property.

(`64 Code, Sec. 9-31) (Ord. No. 2383, 2836)

SEC. 14-47. OWNER TO OBTAIN; PERIOD VALID.

At the time of entering into an agreement of sale or exchange of any building, the owner or his/her authorized representative shall obtain from the city a report of the building record showing the regularly authorized use, occupancy and zoning classification of such property. Such report shall be valid for a period not to exceed six months from date of issue.

(`64 Code, Sec. 9-32) (Ord. No. 2383, 2836)

SEC. 14-48. APPLICATION; FEE; CONTENT OF REPORT.

(A) Upon application of the owner, or his/her authorized agent, and the payment to the city of a fee as established by city council resolution, the building official shall review pertinent city records and deliver to the applicant a report of building records which shall contain the following information insofar as available:

(1) The street address and legal description of subject property;

(2) The zone classification and authorized use, as set forth in chapter 16;

(3) The occupancy as indicated and established by permits of record;

(4) Variances, conditional use permits and other pertinent legislative acts of record;

(5) Any special restrictions in use or development which may apply to the subject property;and

(6) Any known nonconforming and/or violations of building code or zoning regulations.

(B) Such fees collected as provided for in this section are intended only to cover the cost to the city for researching, preparing, and delivering the report of building records.

(`64 Code, Sec. 9-33) (Ord. No. 2383, 2836)

SEC. 14-49. DELIVERY OF REPORT PRIOR TO SALE.

The report of building records shall be delivered by the owner, or his/her authorized representative to the buyer or transferee of the 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 the receipt shall be delivered to the development services division as evidence of compliance with the provisions of this subchapter.

(`64 Code, Sec. 9-34) (Ord. No. 2383, 2836)

SEC. 14-50. EXCEPTIONS.

The provisions of this subchapter shall not apply to the first sale of a building.

(`64 Code, Sec. 9-35) (Ord. No. 2383, 2836)

SEC. 14-51. FORMS; TIME LIMIT.

(A) (1) The building official shall prepare standardized forms for the report of building records. Such report shall be delivered to the owner, or his/her authorized agent, within seven days of receipt of the application and fee.

(2) Delivery shall be effected by certified mail or by the means requested and provided by the owner or his/her authorized agent.

(B) If the city fails to deliver, or to attempt to deliver, such report within the seven-day period, the sale, if consummated, shall not be deemed in violation of this subchapter.

(`64 Code, Sec. 9-36) (Ord. No. 2383, 2836)