Signal Hill Municipal Code Ch. 8.40 Residence Inspection Program

It is the purpose of this chapter to ensure that multiple family residences within the city are maintained in accordance with the Signal Hill Municipal Code so as to protect against safety hazards associated with blighted conditions, prevent and arrest the deterioration of the city's housing stock, and protect the image of the city and the value of the property therein.

(Ord. 86-08-976 § 1 (part))

Unless exempted from this chapter by Section 8.40.030, no person or entity shall transfer by sale, installment land contract (as defined in Civil Code 2985), lease with an option to purchase, or groundlease coupled with improvements, any real property within the city which is improved with four or more dwelling units and which is over ten years old from the date of completion of original construction, without:

A. Obtaining from the city and providing to the prospective transferee of the property a "residential inspection report" containing the information set forth in Section 8.40.050; and

B. Making any repairs indicated by that report as necessary to correct electrical, plumbing, heating and structural deficiencies of the residence.

(Ord. 86-08-976 § 1 (part))

Notwithstanding Section 8.40.020 above, the provisions of this chapter shall not apply to the following:

A. Transfers pursuant to court order, including, but not limited to, transfers ordered by a Probate Court in the administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a decree for specific performance;

B. Transfers to a mortgagee by a mortgagor in default, transfers to a beneficiary of a deed of trust by a trustor in default, transfers by any foreclosure sale after default on an obligation served by a mortgage, transfers by a sale under a power of sale after default on an obligation secured by a deed of trust or secured by any other instrument containing a power of sale or transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or has acquired the real property by a deed in lieu of foreclosure;

C. Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;

D. Transfers from one co-owner to one or more other co-owners;

E. Transfers made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferrors;

F. Transfers between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to such a decree;

G. Transfers by the State Controller pursuant to the Unclaimed Property Law, Code of Civil Procedure 1500, et seq.;

H. Transfers pursuant to Revenue and Taxation Code 3691 et seq., or 3771 et seq.;

I. Transfers to or from any government entity; and

J. Transfer of a condominium, stock cooperative or community apartment project as defined pursuant to Section 783 of the Civil Code and Sections 11003.2 and 11004 of the Business and Profession Code.

(Ord. 86- 08-976 § 1 (part))

Upon application to the department of planning and community development by the owner or transferor of a residence, or his or her authorized agent, accompanied by payment of a fee in such amount as may, from time to time, be established by resolution of the city council, the department of planning and community development shall review all applicable city records and cause an inspection to be made of the property on which the residence is found and, thereafter, cause the preparation of a written residential inspection report, as described in Section 8.40.050.

(Ord. 86-08-976 § 1 (part))

Any residential inspection report prepared by the city pursuant to this chapter shall contain the following information, and may be made on the disclosure form set forth at Civil Code 1102.6 or other form approved by the director of planning and community development:

A. The street address and legal description of the subject property;

B. The zone classification and authorized use of the subject property;

C. Any variances, conditional use permits, and other administrative and legislative acts of record in effect for the subject property;

D. The number of legal dwelling units on the property;

E. The building permit numbers for the residence(s) on the subject property and the date of their issuance; and

F. All corrections necessary to bring the subject property into compliance with the building and zoning laws of the city, including a distinct list of any electrical, plumbing, heating and structural deficiencies.

(Ord. 86-08- 976 § 1 (part))

A. The owner or transferor of any property for which a residential inspection report is required pursuant to this chapter shall deliver the report to the prospective transferee thereof as follows:

1. In the case of a sale, as soon as practicable before transfer of title;

2. In the case of a transfer by a real property sales contract, as defined in Civil Code 2985, or by a lease together with an option to purchase, or a groundlease coupled with improvements, before execution of the contract.

B. After delivery of the residential inspection report, the owner or transferor of the subject property shall file with the department of planning and community development a copy which the prospective transferee has signed as having received.

(Ord. 86-08-976 § 1 (part))

Any residential inspection report prepared pursuant to this chapter shall have indicated thereon the date of its issuance and the six-month period immediately thereafter during which it shall remain effective.

(Ord. 86-08- 976 § 1 (part))

Any corrections needed to bring the subject property into compliance with building and zoning laws of the city must be corrected prior to transfer. Failure of the seller or transferor to complete such corrections shall not relieve the buyer or transferee of initiating or completing the corrections.

(Ord. 86-08-976 § 1 (part))

A. Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or both such fine and imprisonment.

B. Any failure to correct deficiencies contained in the residential property report shall be a public nuisance and shall be grounds for the city to initiate abatement procedures pursuant to Uniform Code for the Abatement of Dangerous Buildings.

C. 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.

(Ord. 86-08-976 § 1 (part))