Portola Valley Municipal Code Ch. 15.08 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, 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.

(Ord. 1970-100 § 1, 1970)

For the purposes of this chapter, the words set out in this section shall have the following meanings:

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

B. "Owner" means any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property.

C. "Residential building" means 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 the improved real property.

(Ord. 1970-100 § 2, 1970)

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. The report shall be valid for a period not to exceed six months from date of issue.

(Ord. 1970-100 § 3, 1970)

Upon application of the owner or his authorized agent and the payment to the city of a fee of fifty dollars, the building inspector 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; and

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

(Ord. 1978-163 § 1, 1978: Ord. 1975-138 § 1, 1975: Ord. 1970-100 § 4, 1970)

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 the receipt shall be delivered to the building inspector as evidence of compliance with the provisions of this chapter.

(Ord. 1970-100 § 5, 1970)

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.

(Ord. 1970-100 § 6, 1970)

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.

(Ord. 1970-100 § 7(b), 1970)