Port Hueneme Municipal Code Ch. 11 Residential and Commercial Building Records

Pursuant to Article 6.5 (commencing with Section 38700), 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 or commercial 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 further intended to protect the unwary buyer of residential or commercial property against undisclosed restrictions on the use of the property.

(Ord. 637 § 5 Exh. A (part), 2001)

(a) "Owner" shall mean any person, partner or partnership, 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 or commercial purposes, situated within the City, and shall include the building or structures located on said improved real property.

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

(Ord. 637 § 5 Exh. A (part), 2001)

At the time of entering into an agreement of sale or exchange of any residential building or commercial building, the owner or his authorized representative shall inform the purchaser of the purchaser's right to compel the owner to obtain from the City a report of the residential or commercial building record prior to the consummation of the sale, showing the regularly authorized use, occupancy, and zoning classification of such property. Said report shall be valid on the day of issuance. Said report may be waived by the purchaser by a written instrument acknowledging the purchaser's understanding that he is entitled to such a report, but does not want one and waives this right to have such a report presented to him prior to the close of the transaction. No owner shall cause an escrow to close until a receipt for such report or waiver in the form set forth in this section is filed with the escrow holder and the Division of Building and Safety of the City. Where an escrow is not used, the receipt or waiver shall be filed with the Department of Building and Safety.

(Ord. 637 § 5 Exh. A (part), 2001)

Concurrent with obtaining a report of the residential or commercial building records pursuant to Section 8502, a code compliance inspection may also be requested. Such inspection, if requested, shall furnish information as to the condition of the property on the day of the inspection as can reasonably be established by the Building Official. Furthermore, the inspection shall be used as a means of verifying City records on file and the corrective work, if any, needed to meet minimum standards to safeguard life, limb, health, property and public welfare. The inspection shall not, however, include an assessment of quality or workmanship of any building nor the working conditions of its plumbing, electrical or mechanical systems.

Unless a serious hazard to health or safety exists, nonconforming construction previously approved under prior permits and inspections will not be required to be brought into compliance with current standards prescribed in this Code. Except as otherwise may be indicated, items identified in the inspection as being in violation of this Code shall be erected within thirty (30) days of the date of receipt of the report of building records. In such event, the Building Official shall make no determination as to who is responsible for correcting the violations; rather, such matters shall be deferred to the owner and purchaser. Where violations are noted, permits shall be obtained for all corrective work as may be required by this Article. Upon completion of such corrective work and payment of a reinspection fee of an amount established by resolution of the Council, the Building Official shall reinspect the property and, upon determining compliance, shall issue a written clearance for placement in the building file as a matter of record.

(Ord. 637 § 5 Exh. A (part), 2001)

Upon application of the owner or his authorized agent and payment of applicable fees as established by resolution of the Council, the Building Official shall review pertinent City records, conduct an inspection of the premises (if requested pursuant to Section 8503), and deliver within seven (7) days from the date of receipt of written application therefor or as soon as possible thereafter, to the applicant, a report of residential or commercial building records which shall contain the following information insofar as it is available:

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

(b) The zone classification and authorized use as set forth in this Code;

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

(d) Variances, special use permits, exceptions, and other zoning requirements;

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

(f) Findings of the Building Official as to the results of physical inspection of the premises, if such inspection is requested pursuant to Section 8503.

(Ord. 637 § 5 Exh. A (part), 2001)

If the residential or commercial building report is not waived in accordance with the provisions of Section 8502 of this Chapter, the owner or his authorized representative shall deliver the residential or commercial building record report or cause the residential or commercial building record report to be delivered to the purchaser of the property prior to the close of escrow, or if there be no escrow, prior to the consummation of the sale or exchange. The purchaser shall execute a receipt for such report or a waiver in the form set forth in Section 8502 of this Chapter and said receipt for such report or waiver shall be filed by the owner with the Division of Building and Safety as evidence of compliance with the provisions of this Chapter.

(Ord. 637 § 5 Exh. A (part), 2001)

In the event the owner or the purchaser wishes a previously rendered report undated to reflect a change of any reported item prior to the close of escrow, the owner shall obtain a supplemental report that will present current record. A supplemental report may be obtained only within a period of six (6) months from the date of issuance of the original report upon the payment of the prescribed fee.

(Ord. 637 § 5 Exh. A (part), 2001)

The provisions of this Chapter shall not apply to the first sale of a residential or commercial 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. None of the provisions of this Chapter shall be deemed to impose any duties, obligations, liabilities, or responsibilities on the part of any escrow holder to any owner, purchaser, transferee, or seller of any residential or commercial building.

(Ord. 637 § 5 Exh. A (part), 2001)

Any person convicted of knowingly violating the provisions of this Chapter shall be guilty of an infraction and punished in accordance with this Code. However, no sale or exchange of residential or commercial property shall be invalidated solely because of the failure of any person to comply with the 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.

(Ord. 637 § 5 Exh. A (part), 2001)

Every person engaged in the business of operating or renting four (4) or more dwelling units, with or without kitchen facilities, for residential or commercial uses of either a temporary or permanent nature, contained within one or more structures situated on one or more parcels, shall obtain a Housing Code Compliance Certificate every four (4) years. Applicable uses include, but are not limited to, apartment houses, motels, hotels, residential care facilities or rooming houses.

(Ord. 637 § 5 Exh. A (part), 2001)