Chapter 16.38 — CERTIFICATE OF USE AND OCCUPANCY FOR COMMUNITY

As used in this chapter:

(a) "Association" means the organization of persons who own a lot, parcel, area, condominium or right of exclusive occupancy in a community housing project.

(b) "Community housing" and "community housing project" mean and include the following: a condominium project, as defined in Section 1350 of the Civil Code, containing two or more condominiums, as defined in Section 783 of the Civil Code; a community apartment project, as defined in Section 11004 of the Business and Professions Code, containing two or more rights of exclusive occupancy; a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code, containing two or more rights of exclusive occupancy; and a planned development, as defined in Section 11003 of the Business and Professions Code, containing two or more separately owned lots, parcels or areas.

(c) "Developer" means the owner or subdivider with a controlling proprietary interest in the community housing project, or the person or organization making application under this chapter.

(d) "Organizational documents" means the declaration of restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management or operation of all or any part of a community housing project.

(Ord. 2821 § 1 (part), 1974)

A developer shall first obtain a certificate of use and occupancy for community housing prior to the sale, lease, use or occupancy of any building or structure as community housing.

Such certificate shall be obtained regardless of the previous use, occupancy or tenancy or whether any changes, alterations or modifications have been made to any portion of any existing building or structure.

Application for a certificate of use and occupancy for community housing shall be made to the building official. Such application shall be submitted with an inspection fee as set forth in the municipal fee schedule, and shall include the following:

(a) The organizational documents;

(b) A preliminary annual operating budget containing a sinking fund reasonably calculated to accumulate reserve funds to pay for major anticipated maintenance, repair or replacement expenses.

(Ord. 3295 § 2, 1981: Ord. 2960 § 66, 1976: Ord. 2821 § 1 (part), 1974)

The requirements for issuance of a certificate of use and occupancy for all community housing projects are as follows:

(a) The organizational documents shall provide that the association is responsible for maintenance and landscaping of all parts of the community housing project which are held in common and that such maintenance shall be performed to the standard of maintenance prevalent in the neighborhood.

(b) The organizational documents shall allow the association to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three months after the association assumes control of the community housing project or any time thereafter.

(c) Any violations of the Uniform Housing Code, promulgated by the International Conference of Building Officials, shall be corrected and any equipment or facilities which the building official determines are deteriorated or hazardous shall be repaired or replaced.

(Ord. 4642 §§ 17, 27, 2000: Ord. 2821 § 1 (part), 1974)

Buildings and structures which have not been previously occupied or used shall comply with the following requirements, in addition to those in Section 16.38.030:

(a) At least two hundred cubic feet, with a minimum horizontal surface area of twenty-five square feet, or enclosed, weatherproof, lockable storage space shall be provided for each dwelling unit. Such storage space shall be in addition to that ordinarily contained within a unit as cabinets, pantries and clothes closets. Such storage space may be located in or separated from the dwelling unit.

(b) Wall and floor-ceiling assemblies shall conform to the sound insulation performance criteria promulgated in Title 25, California Administrative Code, Section 1092, or its successor.

(c) The consumption of gas and electricity within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility. A water shut-off valve shall be provided for each unit.

(d) All permanent mechanical equipment, including domestic appliances, which is determined by the building official to be a source or potential source of vibration or noise, shall be shock-mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the building official to lessen the transmission of vibration and noise.

(Ord. 2821 § 1 (part), 1974)

Buildings and structures that have been previously occupied shall comply with the additional requirements set forth in Section21.40.060 of the chapter on conversions of rental housing to condominiums and other community housing projects.

(Ord. 3295 § 3, 1981: Ord. 2821 § 1 (part), 1974)

(a) Upon receipt of an application for a certificate of use and occupancy for community housing, the building official shall cause an inspection to be made of all buildings and structures in the proposed community housing project. The building official shall prepare an inspection report identifying all items in violation of the Uniform Housing Code and any additional equipment and facilities he determines to be deteriorated or hazardous.

The initial inspection report shall be presented to the developer who shall correct all violations of the Uniform Housing Code and repair or replace any equipment or facilities determined to be deteriorated or hazardous.

(b) The building official shall review the property report and may require its revision and resubmission if he determines that substantial evidence shows that any statement therein is without foundation in fact. Such report may be revised to reflect improvement, repair or replacement.

(c) The developer shall repair or replace any damaged or infested areas in need of repair or placement as shown in the structural pest report.

(d) The building official shall cause a final inspection of all buildings and structures to be made, upon request by the developer, to determine that the requirements of this chapter have been fulfilled. The building official shall then mark the inspection report to show the corrections, repairs and replacements which have been made.

(e) The organizational documents shall be submitted to the city attorney for a determination that such documents comply with the requirements of this chapter.

(f) (1) The building official shall issue a certificate of use and occupancy for community housing if the requirements of this chapter have been fulfilled. The property report, the marked inspection report, the structural pest report and the preliminary annual operating budget shall be kept on file for five years as public records in the division of inspectional services and copies of such documents shall be sent to the real estate commissioner.

(2) The property report and a primer relating to community housing for prospective purchasers of community housing, approved by the director of planning, shall be presented by the developer to each prospective purchaser of any interest in a community housing project prior to taking a written offer to sell or lease. The developer shall also present to each prospective purchaser, prior to taking a written offer to sell or lease, written notice that property taxes are likely to increase if the project is reassessed as community housing and that monthly association fees are difficult to predict and may increase substantially.

(Ord. 2852 § 1, 1975: Ord. 2821 § 1 (part), 1974)

The developer shall make no advertising use of such certificate of use and occupancy for community housing or the fact that such certificate has been issued.

(Ord. 2821 § 1 (part), 1974)

Any sale, lease, contract to sell or lease, deed or conveyance of any building, structure or unit therein, or right of exclusive occupancy made contrary to the provisions of this chapter is voidable at the sole option of the purchaser, person contracting to purchase, lessee, grantee, his heir, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the deed, conveyance, lease or contract to sell, but such instrument is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase, lease or take and upon the grantor, vendor, lessor or person or organization contracting to sell, lease or convey, and his assignee, transferee, heir or devisee.

(Ord. 2821 § l (part), 1974)