§ 12.335

The city finds that it is necessary to maintain and upgrade the condition of the aging housing stock within the city to ensure the basic health and life safety of its residents. A report of residential building record prepared and issued upon the resale of residential property provides a reasonable and effective method of disclosing building conditions, unpermitted improvements, and mandatory items of correction to meet the city codes governing basic health and life safety. In addition, the city finds that a report of residential building record provides a valuable disclosure of building conditions to the purchaser, and an opportunity for the city to enforce building and zoning codes.

(Ord. No. 1974, div. 1, 11-18-2019)

12.335.020 - Definitions.

For purposes of this section, the following definitions shall apply:

1.

"Building official" means the building official, an authorized deputy, designated building inspector or other designated employee of the community development department building division charged with enforcement and administration of this chapter.

2.

"Owner" means any person, co-partnership, association, corporation or fiduciary, or their authorized agent(s) having legal or equitable title or any interest in any real property.

3.

"Purchaser" means any person, partnership, association, corporation or fiduciary, or their authorized agent(s) acquiring legal or equitable title or any interest in any real property.

"Report" means the report of residential building record.

5.

"Residential building" means any improved property designed or permitted to be used for dwelling purposes (e.g., single-family dwelling, two-family (duplex) dwelling or multiple-family dwelling (apartment), or town home), situated in the city and shall include all the buildings or structures located on the improved real property.

(Ord. No. 1974, div. 1, 11-18-2019)

12.335.030 - Report required.

Prior to the sale or exchange of any residential building, the owner thereof shall obtain from the city a report of residential building record, which documents the findings of a city permit records search and city inspection.

(Ord. No. 1974, div. 1, 11-18-2019)

12.335.040 - Application for report.

An owner required by this chapter to obtain a report shall file an application to the community development department, building division, on forms provided by the department containing such information that may be deemed necessary.

(Ord. No. 1974, div. 1, 11-18-2019)

A report shall be subject to an application fee made payable upon application to the city by the owner. The filing fee for the report shall be as set forth in the city's master fee schedule.

(Ord. No. 1974, div. 1, 11-18-2019)

Upon application of the owner and payment of the fee, the building division shall review pertinent city records and inspect the premises in question. Upon completion of the review and the inspection, the building division shall make available to the owner a written report of residential building record, which shall contain in respect to the residential building and property the following information:

1.

The street address and assessor's parcel number of subject property;

2.

A statement documenting the zoning district classification for the property and a list of the zoning permits and/or approvals that have been granted to the property;

3.

A list of the record of construction permits that are on file with the building division and, if any, the active or expired building permits that have been issued for work not yet completed on those premises;

4.

A list of past code enforcement cases and actions taken by the city;

5.

A statement confirming the type and number of residential buildings and dwelling units observed at the time of the city inspection;

6.

A statement as to whether there are any nonconformities or illegalities in the structures on the property or the uses such as, but not limited to, undocumented dwelling units or unpermitted improvements observed at the time of the city inspection;

7.

A statement listing any violations observed at the time of the city inspection and the required remedy for such violations (e.g., obtaining retroactive permits or abatement);

8.

A statement of advisory notations from the city on improvements observed at the time of the city inspection;

9.

The name of the city building inspector that conducted the city inspection supporting the report findings, along with the name and contact information of the building division employee that is available to assist in addressing questions and issues;

10.

The dates of report issuance and expiration; and

11.

A return receipt and buyer's certification form.

12.

A notification of the appeal process available to the owner who wishes to contest the contents of the report.

(Ord. No. 1974, div. 1, 11-18-2019)

The report program shall be administered and enforced by the community development department consistent with city policies, practices and procedures adopted by resolution of the city council. The adopted policies, practices and procedures shall address and incorporate, among others, the following:

1.

Time frames and procedures for report processing and remedies;

2.

The specifics on the scope of the city inspection for owner and purchaser awareness and to minimize redundancy with the privately-commissioned inspection reports prepared as part of the resale transaction;

3.

A list of unpermitted improvements disclosed during the city inspection that are waived from obtaining a retroactive permit(s);

4.

Policies for fees for the report application, appeals, refunds and waivers; and

5.

Measures to facilitate customer awareness and knowledge of the report program.

(Ord. No. 1974, div. 1, 11-18-2019)

When completed, the report shall be made available to the seller (owner) or their authorized agent(s) who shall acknowledge receipt of the same. The owner or their authorized agent(s) shall deliver the report to the purchaser or transferee prior to the consummation of the sale. The purchaser or transferee shall execute an acknowledgment of receipt of the report and deliver a copy of said receipt to the community development department building division.

(Ord. No. 1974, div. 1, 11-18-2019)

The report results and/or findings may be appealed to the community development director by the owner or his or her authorized representative. All appeals must be filed in writing with the community development department within five (5) working days of the date of issuance of the report and accompanied by an appeal fee as set forth and adopted in the city's master fee schedule. The community development director shall review and render a written determination on the appeal within ten (10) working days of the filing date of the appeal.

(Ord. No. 1974, div. 1, 11-18-2019)

The report of residential building record shall be valid for a period of six (6) months from the date of issuance by the city. Prior to the expiration date of the report, the owner may request, and the city may issue one (1) extension of up to three (3) additional months. There shall be no fee for the issuance of the extension. In the event the property is not sold and is remarketed after the report has expired, a new report shall be requested and issued by the city.

(Ord. No. 1974, div. 1, 11-18-2019)

The provisions of this chapter shall not apply to:

1.

The first sale of any residential building if such sale is within a twelve-month period from the recordation of the notice of completion of the residential building;

2.

A re-conveyance by a trustee pursuant to the provisions of a deed of trust;

3.

A transfer of property made without valuable consideration (e.g., transfer by reason of death or transfer into or out of a revocable trust);

4.

A transfer of property made solely between co-owners; and

5.

The transfer of a mobile home or trailer occupying land pursuant to a mouth-to-mouth rental or annual lease agreement, which does not involve the transfer or conveyance of real property.

(Ord. No. 1974, div. 1, 11-18-2019)

No statements contained in a report of a residential building record issued by the city shall authorize the use or occupancy of any residential building contrary to the provisions of any law or ordinance. Every report issued under this chapter shall contain a provision stating that the issuance of such report shall not constitute a representation by the city that the property or its present use is or is not in compliance with the law, and that the report does not constitute a full disclosure of all material facts affecting the property or the desirability of its sale.

(Ord. No. 1974, div. 1, 11-18-2019)

Except as provided in this chapter, it is unlawful for the owner of a residential building in the city to sell or exchange the same without first having obtained a report pursuant to this chapter and delivering it to the purchaser. Any person violating any of the provisions of this chapter is guilty of an infraction and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500.00).

(Ord. No. 1974, div. 1, 11-18-2019)

Chapter 12.340 - UNREINFORCED MASONRY BUILDING MITIGATION PROGRAM