San Fernando Municipal Code Art. VIII Residential Property Pre-Sale Inspection and Report Program

It is the intent of this article:

(a) To protect purchasers of residential real property located within the city against the purchase of such property without prior knowledge of unpermitted construction or other unlawful conditions at the property by assuring that potential purchasers are furnished with a report of matters of city record pertaining to the structure at the property, and of code violations as determined by an inspection of the property prior to the sale or exchange of a residential real property; and

(b) To protect and promote the existence of sound and wholesome residential buildings, dwelling units, and neighborhoods by the enforcement of standards, regulations, and procedures designed to remedy the existence or prevent the development or transfer or creation of dangerous, substandard or unsanitary and deficient residential buildings and dwelling units.

(Ord. No. 1608, §§ 2, 3, 10-17-2011)

The residential property pre-sale inspection and report program shall apply to all residential properties within the city with one or more dwelling units, with the exception of:

(a) Hotels and motels

(b) Mobile homes and mobile home parks.

(Ord. No. 1608, §§ 2, 3, 10-17-2011)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agreement of sale or exchange means any agreement or written instrument effecting transfer of title to any residential property in the city from one owner to another owner.

Bedroom means a room used or intended to be used for sleeping purposes.

Building code means the building code as adopted, amended and/or incorporated by reference in chapter 18 of this Code.

Building official means the community development director, or designee thereof, who shall possess all statutorily mandated certifications to enforce state building and construction codes.

Dwelling means a residential building containing one or more dwelling units.

Dwelling unit means one or more rooms constituting a self-contained independent living area used, or intended to be used, for residential occupancy by one or more persons, and providing permanent facilities for living, sleeping, eating, cooking and sanitation.

Guesthouse means detached living quarters on the same premises as a single-family dwelling for the use of family members, guests or employees of the occupants of such dwelling, containing no kitchen facilities and not rented or otherwise used as a separate dwelling.

Housing and property maintenance standards means the health, safety, and technical construction codes as adopted, amended and/or incorporated by reference in chapters 18 and 42 of this Code, the property maintenance standards set forth in chapter 106 of this Code, and the provisions of the State Housing Law (Health and Safety Code § 17910 et seq.).

Multiple-family dwelling means a dwelling containing more than one dwelling unit.

Owner means any person, agent, firm or corporation having a legal or equitable interest in residential property.

Permitted bedroom means a room used or intended to be used for sleeping purposes that has been constructed, altered, repaired, renovated, converted or improved with all requisite permits, inspections and approvals.

Permitted dwelling unit means a dwelling unit that has been constructed, altered, repaired, removed, converted or improved with all local requisite permits, inspections and approvals.

Residential property means any real property, whether occupied or vacant, improved with one or more buildings or structures that in whole or in part are legally permitted for use as a dwelling or a guesthouse.

Single-family dwelling means a dwelling containing one dwelling unit.

Unpermitted construction means any structure or portion thereof, including but not limited to a dwelling unit or bedroom, that has been constructed, altered, repaired, renovated, converted or improved without all requisite local permits, inspections and approvals.

(Ord. No. 1608, §§ 2, 3, 10-17-2011)

Prior to entering into an agreement of sale or exchange of any residential property, the owner, or his or her real estate agent or other authorized agent, shall obtain a pre-sale report on the residential property from the building official.

(Ord. No. 1608, §§ 2, 3, 10-17-2011)

The owner of a residential property, or his or her real estate agent or other authorized agent, shall file an application for a pre-sale report with the building official, accompanied by a fee, as provided in section 18-192 of this article. The building official shall review pertinent city records concerning the residential property and conduct an inspection of the exterior and interior of the residential property for compliance with housing and property maintenance standards. The owner, or his or her real estate agent or other authorized agent, shall provide access for inspection within ten working days of the building official's written request, and shall provide notice of the inspection to all tenants in accordance with state law. The building official may require additional inspections by other city departments and/or other agencies exercising jurisdiction in the city for compliance with housing and property maintenance standards.

(Ord. No. 1608, §§ 2, 3, 10-17-2011)

The building official shall, within 20 business days from the date of his or her inspection of the residential property, issue a written pre-sale report to the owner or the owner's authorized agent. The report shall contain the following information, and shall be valid for six months from the date of issuance:

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

(b) The zone classification of the property;

(c) The number of permitted dwelling units on the property;

(d) The number of permitted bedrooms in each dwelling unit or guesthouse on the property;

(e) A summary of all building and technical permits issued, the date of issuance, and the date of final approval for each permit;

(f) A summary of variances, use permits, or other pertinent legislative acts of record concerning the property;

(g) Identification of any unpermitted construction;

(h) A list of violations of the housing and property maintenance standards observed at the residential property during the inspection; and

(i) Identification of any equipment, materials, devices, safety measures and/or maintenance, as set forth in section 18-190(a)(3) that are not installed or provided for at the time of inspection.

(Ord. No. 1608, §§ 2, 3, 10-17-2011)

Upon receipt of the pre-sale report from the building official and prior to the consummation of the sale or exchange of the residential property, the owner, or his or her authorized agent, shall deliver the pre-sale report to the buyer or transferee, or his or her real estate agent, escrow company, or other authorized agent. The buyer, or his or her authorized agent, shall execute a "receipt of pre-sale report" on a form approved by the city, and said receipt shall be delivered to the building official within ten business days from the date of execution of the receipt. The city will not accept a signed waiver or other such document in lieu of an executed "receipt of pre-sale report".

(Ord. No. 1608, §§ 2, 3, 10-17-2011)

(a) A certificate of compliance shall be issued with the pre-sale report if the building official has made the following determinations based upon his or her review of the city records for the residential property and the findings of the inspection of the residential property:

(1) No unpermitted construction is present on the property;

(2) No violations of the housing and property maintenance standards were observed at the property; and

(3) The following equipment, materials, devices, safety measures and/or maintenance are installed or provided for at the residential property subject to approval by the building official:

a. Smoke and carbon monoxide alarms. Smoke alarms are mounted on the ceiling or wall of each existing room used for sleeping purposes and at a point centrally located on the wall or ceiling of the existing corridor or area giving access to such room. Where a dwelling unit has more than one story or where a dwelling unit has a basement, a smoke alarm is installed on each story or basement, all in a manner consistent with the building code. Carbon monoxide alarms are installed in a manner consistent with the California Health and Safety Code and the building code.

b. Earthquake safety. Earthquake-actuated gas shut-off valves are installed in dwellings containing fuel gas piping and water heater tanks are secured with seismic safety restraints, all in a manner consistent with the plumbing code.

c. Ground-fault circuit-interrupter (G.F.C.I.). All ground fault circuit receptacles have been inspected, repaired as needed, and/or installed in place of non-G.F.C.I. receptacles located in rooms with sinks or tubs or showers, all in a manner consistent with the electrical code.

d. Pool safety. Swimming pools and spas are fully enclosed by a fence of at least five feet in height with self-closing and self-latching gates, and every pool and spa drain inlet is equipped with a drain inlet safety cover, all in a manner consistent with the building code.

e. Impact safety glazing. Panes of glazing are resistant to breaking or shattering upon impact where installed in hazardous locations as specified in the building code, including but not limited to glass in swinging doors and in sliding-door assemblies and glass enclosures of tubs and showers, all in a manner consistent with the building code.

(b) If a certificate of compliance is not issued with the pre-sale report, the owner or his authorized agent, after abating any unpermitted construction or other code violations and installing or providing the equipment, materials, devices, safety measures and/or maintenance set forth in paragraph (a) of this section, and upon payment of a re-inspection fee, may request a re-inspection of the property. The building official shall, following re-inspection, issue a certificate of compliance upon making the determinations set forth in paragraph (a) of this section.

(Ord. No. 1608, §§ 2, 3, 10-17-2011)

A certificate of compliance shall be obtained by an owner of a residential property for sale no sooner than six months prior to sale of the residential property, or no later than six months after the sale of the residential property, unless the period to obtain such certificate is extended for good cause by the building official.

(Ord. No. 1608, §§ 2, 3, 10-17-2011)

The council shall establish residential property pre-sale inspection and report program fees by resolution, which fees shall be set forth in the regular fee schedule of the city.

(Ord. No. 1608, §§ 2, 3, 10-17-2011)

Neither the provisions of this article nor the preparation and delivery of a pre-sale report or certificate of compliance shall impose any liability upon the city for any errors or omissions contained in the pre-sale report or certificate of compliance, nor shall the city bear any liability not otherwise imposed by law.

(Ord. No. 1608, §§ 2, 3, 10-17-2011)

(a) Violations of any provision of this article shall constitute a misdemeanor and shall be punishable as set forth in section 1-30 of this Code.

(b) The provisions of paragraph (a) of this section are not intended to, and shall not be construed to limit in any way, all other remedies available to the city to prosecute or abate public nuisances or violations of the housing and property maintenance standards.

(Ord. No. 1608, §§ 2, 3, 10-17-2011)