Tiburon Municipal Code Ch. 13A Reports of Residential Building Records

(a) The Town of Tiburon desires to maintain and upgrade the safety of housing within the town to ensure the health and safety of its residents. The town council has previously adopted the Uniform Building and Housing Codes which provide standards for safe dwelling units. The town council finds that inspection of dwelling units upon resale and mandatory correction of hazardous conditions is a reasonable and effective method of ensuring that dwelling units within the town meet minimum safety standards contained in the Uniform Codes and do not endanger the life, limb, health, property, safety or welfare of the public. The mandatory items of correction listed in the report required by this chapter shall be the responsibility of the owner, purchaser or both and will be subject to abatement if not corrected.

(b) In addition to the health and safety concerns addressed by this chapter, the residential building report shall disclose the authorized use, occupancy and zoning of real property. By doing so, unwary buyers of residential property will be protected against undisclosed restrictions on the property.

(Ord. No. 410 N.S., § 2 (part))

For purposes of this chapter, the following words and phrases shall have the meanings set forth in this section:

"Building official" means the town's building official or designated building inspector.

"Deficiency(ies)" means any aspect of the dwelling unit which does not meet minimum safety standards as established by the town's housing and building codes. Deficiencies may be categorized as advisory (meaning correction is recommended but not required by the town) or mandatory (meaning correction shall be required by the town). Deficiencies listed as mandatory shall be reviewed to balance the threat to health and safety with the cost and effectiveness of the upgrade.

"Dwelling unit" means any unit used for residential purposes, including the interior living space, garage, decks or other structures and improvements.

"Owner" means any person, partnership, association, corporation or fiduciary having legal or equitable title or any interest in any dwelling unit.

"Purchaser" means any person, partnership, association, corporation or fiduciary acquiring legal or equitable title or any interest in any dwelling unit.

"Report" means the residential building report.

"Sale or exchange" means the transfer of title, change in ownership, sale, exchange, rent or lease with option to sell or purchase, excluding acquisition by eminent domain, acquisition by threat of eminent domain, acquisition by gift or inheritance, establishment of a trust or any transfer exempted from disclosure requirements by California Civil Code section 1102.1. Any sale or exchange concluded prior to the effective date of this article is not subject to the requirements of this chapter.

"Transfer of ownership" means the date on which legal title to the dwelling unit changes hands. This date will usually be the date on which the new owner's title is recorded with the office of the Marin County recorder.

(Ord. No. 410 N.S., § 2 (part))

Prior to the sale or exchange of any dwelling unit, the owner shall obtain from the town a report of the residential building record showing the regularly authorized use, occupancy and zoning classification of the property and an itemization of deficiencies in the dwelling unit.

(Ord. No. 410 N.S., § 2 (part))

When a dwelling unit is placed on the market as being for sale, the owner shall file with the building official a written application for a report on a form to be prescribed by the building official, accompanied by the fee therefor. The filing fee for the report shall be established by resolution of the town council.

(Ord. No. 410 N.S., § 2 (part))

(a) For each application, the building official shall conduct a review of the town's building records for the dwelling unit. The records review shall constitute a good faith effort to locate and review relevant records generally limited to those listed in section 13A-6.

(b) For each application, the building official shall perform a physical inspection of the dwelling unit for compliance with the town's building regulations as adopted in chapter 13 of this Code. The inspection shall constitute a good faith effort to identify deficiencies, but the scope of inspection is necessarily limited and code deficiencies may exist which are not identified during the inspection.

(c) The building official shall make every reasonable effort to complete the inspection and subsequent report within ten working days of the filing date of the application.

(d) As part of the required fee for the inspection and report, the building official will perform one reinspection of corrections at no additional charge.

(Ord. No. 410 N.S., § 2 (part); Ord. No. 483 N.S., § 2 (part))

Upon completion of the inspection, the building official shall issue a written report which shall include the following:

(a) The date of issue of the report;

(b) The street address of the dwelling unit;

(c) The date the physical inspection was completed;

(d) The current zoning for the property on which the dwelling unit is located;

(e) The existing use of the property on which the dwelling unit is located;

(f) The authorized use of the property, including any conditional use permits or secondary dwelling unit permits that have a bearing on the authorized use;

(g) The occupancy classification pursuant to the Uniform Building Code;

(h) A listing of active or pending building permits for the property;

(i) A listing of expired building permits for the property, accompanied by a statement that any construction or work done without required permits, inspections, and/or final sign-off may be subject to correction, fees, penalties, and/or abatement under the applicable Uniform Building Code;

(j) A listing of any outstanding "stop-work" orders and/or "planning holds" placed on the property;

(k) A statement that pursuant to section 13-3(d) of this chapter, "No permit for new work on a property shall be issued until all outstanding fines, fees, or penalties have been paid and all inspections completed on expired incomplete permits;"

(l) An itemization of all deficiencies noted in the dwelling unit pursuant to the physical inspection. Deficiencies which are determined by the building official to endanger the health, safety or welfare of the occupants of the dwelling unit or the public shall be listed as "mandatory" and shall be corrected pursuant to section 13A-8. Those deficiencies which the building official determines do not endanger the health, safety or welfare of the occupants of the dwelling unit or the public shall be listed as "advisory" and correction, while recommended, shall not be required;

(m) The following statement:

NOTICE TO PROSPECTIVE PURCHASER: You are hereby advised that the dwelling unit described in this report has been inspected by the Town of Tiburon building official and may have been found to have certain health and/or safety deficiencies, as well as certain expired incomplete building permits, which, if found, are itemized herein. The itemized deficiencies listed as "mandatory" are those which present a serious health or safety concern and must be corrected. In the event deficiencies listed as "mandatory" are not corrected by the seller, you, as the purchaser, will be required to correct said items within thirty (30) days of the date of transfer of ownership, or such other period of time as may be agreed to by the building official. All expired incomplete building permits should be finalized by the seller prior to transfer of ownership. Any such permits that are not finalized prior to transfer of ownership become the responsibility of the purchaser and must be finalized within thirty (30) days of transfer of ownership, or such other period of time as may be agreed to by the building official. If all such permits have not been finalized within the time period, an administrative citation will be issued and substantial daily penalties will accrue.

As part of the filing fee for the inspection and report, the building official will perform one reinspection at no additional charge. Those deficiencies listed as "advisory" do not present serious health or safety concern and correction is recommended but not required. The scope of the physical inspection was necessarily limited and deficiencies may exist which were not identified. The review of building records was a good faith effort but errors or omissions may have occurred.

(Ord. No. 410 N.S., § 2 (part); Ord. No. 483 N.S., § 2 (part))

Prior to the sale or exchange of a dwelling unit, the owner shall provide the prospective purchaser with a copy of the report. The purchaser shall acknowledge receipt of the report on the original or a true copy thereof. A copy of the report shall be signed by the purchaser and filed with the building official no later than five working days after transfer of ownership.

(Ord. No. 410 N.S., § 2 (part))

(a) All deficiencies identified as mandatory in the report shall be corrected. Work requiring a building permit shall be noted in the report. As part of the fee for the report, the building official shall perform one reinspection of corrections at no additional charge.

(b) Mandatory corrective work identified in the report not completed prior to sale or exchange of the dwelling unit shall be the responsibility of the purchaser. Such mandatory corrections shall be completed within thirty days of the transfer of ownership of the dwelling unit or such longer period of time as may be agreed to by the building official. The building official may grant time extensions in appropriate circumstances.

(c) All expired incomplete building permits should be finalized by the seller, and all associated fees and fines paid, prior to transfer of ownership. Any such permits that are not finalized prior to transfer of ownership become the responsibility of the purchaser and must be finalized within thirty days of transfer of ownership, or such other period of time as may be agreed to by the building official. If all such permits have not been finalized within the time period, an administrative citation will be issued by the building official and substantial daily penalties will accrue.

(Ord. No. 410 N.S., § 2 (part); Ord. No. 483 N.S., § 2 (part))

The report shall remain valid for a period of twelve months from the date of issuance provided no modifications requiring a permit have been made to the dwelling unit since issuance of the report.

(Ord. No. 410 N.S., § 2 (part))

The provisions of this chapter shall not apply to the first sale of a newly constructed dwelling unit.

(Ord. No. 410 N.S., § 2 (part))

All decisions made by the building official pursuant to this chapter may be appealed to the town council. All appeals must be filed with the town clerk within ten days after the transfer of ownership or within ten working days after any decision made by the building official pursuant to section 13A-8(b). Any person filing an appeal shall pay the fee for appeals set by resolution of the town council.

(Ord. No. 410 N.S., § 2 (part))

(a) In addition to all other remedies available under this Code or state law, any deficiency that remains uncorrected shall be subject to abatement as a public nuisance. All costs relating to the enforcement of this chapter shall be borne by and recoverable from the person in violation thereof.

(b) No sale or exchange of a dwelling unit shall be invalidated solely because of the failure of any person to comply with any provision of this chapter unless such failure is an act or omission that would be a valid ground for rescission of such sale or exchange in the absence of this chapter.

(Ord. No. 410 N.S., § 2 (part); Ord. No. 445 N.S., § 1)

Neither the enactment of this chapter nor the preparation and delivery of any report required hereunder shall impose any liability upon the town for any errors or omissions contained in such report, nor shall the town bear any liability not otherwise imposed by law.

(Ord. No. 410 N.S., § 2 (part))