Salinas Municipal Code § 9-61 Report required

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

(b) "Residential building" means any improved real property designed or permitted to be used for dwelling purposes, situated in the city, and includes the building or structures located on said improved real property.

(c) "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.

(Ord. No. 2219 (NCS), § 1.)

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. No. 2219 (NCS), § 1.)

Upon application of the owner or his authorized agent and the payment to the city of a fee to be established by resolution of city council, the building official 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 is 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. No. 2219 (NCS), § 1; Ord. No. 2276 (NCS), § 11(A).)

(a) The building official may extend the expiration date of an unexpired residential building report for a period not exceeding ninety days upon receipt of a written request made by the applicant and the payment of an extension fee. The extension fee shall be equal to one-half of the fee amount paid for the original report.

(b) No report shall be extended more than once.

(c) Upon receipt of an extension application and the payment of the fee, the building official shall review all current office records for the address specified on the original report. The purpose of the review shall be to determine whether any changes have been recorded, in regards to information specified in Section 9-62 by the building inspection division during the six-month period that the original report was valid. The building official shall note any changes on the extended residential building report and shall deliver a copy to the applicant as specified in Section 9-64.

(d) In order to renew action on an expired residential building report, the applicant shall complete a new application and pay the fee for a new report.

(Ord. No. 2219 (NCS), § 1.)

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 inspection division as evidence of compliance with the provisions of this chapter.

(Ord. No. 2219 (NCS), § 1; Ord. No. 2276, § 11(B)).

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. No. 2219 (NCS), § 1.)

(a) Anyone in violation of the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided by Section 1-01.08 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 provisions of this chapter unless is an act or omission which or would be a valid ground for recession of such sale or exchange in the absence of this chapter.

(Ord. No. 2219 (NCS), § 1.)