Chapter 17.32

HOUSING RESALE INSPECTION

Sections:

• 17.32.030 Certificate of occupancy - Inspection requirements - Procedures in case of serious violations.

• A. As used in this chapter:

  1. "Family" means the same as said word is defined in Section 5502.15 of Article V of this Code.

  2. "Residence" means any dwelling or dwellings capable of being used for residential purposes by one or two single-family units.

  3. "Sale" means any transfer of title of any such residence, except that the first transfer of title of a new residence shall not be deemed a "sale," nor shall any transfer of title that is exempt from taxation under the provisions of this Code.

  4. "Sell" means to make a sale of any such residence.

  5. "Serious violations" means any violation or violations of any provision of law applicable to any residence, or to any owner or occupant thereof, which expose persons or property to a serious risk of injury, death or damage.

• B. The masculine gender shall include the feminine and the neuter, and the singular number (e.g. "seller," "buyer") shall include the plural.

• (Prior code §§ 5601, 5601.1 - 5601.5.)

Any person wishing to sell any residence in the city may apply in writing to the director of neighborhood preservation on a form to be prescribed by said director, for a certificate of occupancy. If he does so, he shall:

• A. Pay the fee prescribed therefor by the council;

• B. Permit the authorized representative of said director to inspect such residence to determine whether or not a certificate of occupancy should issue;

• C. Deliver to the applicant of such residence a true copy of each preliminary or final inspection report and each certificate of occupancy pertaining to such residence, which may be issued by said director.

(Prior code § 5602; Ord. 21657.)

• A. Within five working days from and after receipt of each application for a certificate of

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BUILDINGS AND CONSTRUCTION

occupancy and payment of the required fee, the director of neighborhood preservation shall cause the residence to be inspected to determine whether or not it complies with the requirements of the San José housing code and other provisions of law applicable thereto.

• B. If such inspection reveals no violations of any such provisions of law, the director shall issue a certificate of occupancy for the residence, and a final inspection report, both of which shall be delivered to the applicant for such certificate of occupancy. If such inspection reveals one or more violations of any such provisions of law, the director shall issue a preliminary inspection report to the applicant in which he shall specify such violations. If any such violations constitute serious violations, as defined in Section 17.32.010, the director shall not issue a certificate of occupancy unless and until he is satisfied that such serious violations have been corrected, or unless and until he is satisfied that neither the buyer nor the seller of the residence is financially able to correct such serious violations in which event he may issue a certificate of occupancy upon condition that the buyer correct the serious deficiency when he is financially able to do so, which condition shall be endorsed upon the face of the certificate of occupancy and shall be accepted in writing by the buyer. Each and every conditional certificate of occupancy shall be recorded in the office of the county recorder. Within five working days after he is informed that all such serious violations have been corrected, the director shall cause the residence to be reinspected, and if he finds that such serious violations no longer exist, and not before, he shall issue to the applicant a certificate of occupancy and a final inspection report for the residence.

(Prior code § 5602.1; Ord. 21657.)

The inspection fee referred to in this chapter shall be as set forth in the schedule of fees established by council.

(Prior code § 5603; Ords. 20636, 21033, 21049, 21295.)

Each certificate of occupancy shall be valid for a period of twelve months from and after the date of its issue.

(Prior code § 5602.2.)