Redondo Beach Municipal Code Ch. 10 Reports of Residential Building Records

Pursuant to the provisions of 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 its 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.

(§ 1, Ord. 2010 c.s., eff. December 31, 1969)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"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.

"Owner"

shall mean any person, copartnership, association, corporation, or fiduciary having legal or equitable title or any interest in any real property.

"Residential building"

shall mean 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 such improved real property.

(§ 1, Ord. 2010 c.s., eff. December 31, 1969)

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 for such property. Such report shall be valid for a period not to exceed six months from the date of issue.

(§ 1, Ord. 2010 c.s., eff. December 31, 1969)

Applications for reports of residential building records shall be made by the owner or authorized agent to the Community Development Department and shall be accompanied by a fee in the amount set by the Council, based on the City's costs of providing the report. Upon the receipt of the completed application and fee, the Building Division of the Community Development Department will prepare a report from its records to the extent the information is available and report the following information:

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

(d) The variances, conditional use permits, exceptions, and other pertinent legislative acts of record.

(§ 1, Ord. 2010 c.s., eff. December 31, 1969, as amended by § 1, Ord. 2180 c.s., eff. July 14, 1976, § 1, Ord. 2337 c.s., eff. July 7, 1982, and § 1, Ord. 3108 c.s., eff. February 8, 2013)

The report of the 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 such receipt shall be delivered to the Community Development Department as evidence of compliance with the provisions of this chapter.

(§ 1, Ord. 2010 c.s., eff. December 31, 1969, as amended by § 1, Ord. 3108 c.s., eff. February 8, 2013)

The provisions of this chapter shall not apply to the first sale of a residential building located in a subdivision having a final map approved and recorded in accordance with the provisions of the Subdivision Map Act of the State not more than two years prior to the first sale.

(§ 1, Ord. 2010 c.s., eff. December 31, 1969)

(a) Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(b) No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provision of this chapter, unless such failure is an act or omission which would be a valid ground for the rescission of such sale or exchange in the absence of the provisions of this chapter.

(§ 1, Ord. 2010 c.s., eff. December 31, 1969)