Williams Municipal Code Ch. 15.32 Property Resale Inspection Program

This title is adopted to promote and protect the public health, safety, morals, comfort, convenience, aesthetics and general welfare and to ensure social and economic stability.

(Ord. No. 196-12, § 1(exh. A), 10-17-2012)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(a) Administrator. The chief building official, or his or her designated representative.

(b) Agent. Any salesperson, broker, real estate agent, real estate broker, title insurance company, escrow company or any employer or agent thereof.

(c) Certificate. A resale certificate.

(d) Person. An individual, partnership, corporation or association, or the rental agent of any of the foregoing.

(e) Report. Resale report of violations.

(f) Sale or exchange. Refers to any transfer of title, change in ownership, sale, or exchange, excluding the following: transfers of residential real property that are subject to the disclosure requirements set forth in California Civil Code Sections 1102 et seq.; acquisitions by eminent domain or threat of eminent domain; or acquisitions by gift, intra-spousal transfer, addition or deletion of one owner to or from title, or inheritance.

(g) Unit. Refers to any of the following:

(i) Residential unit. Shall generally include, but not be limited to, residential dwelling units, or similar living accommodation such as single-family, duplex, and/or triplex residential units, and hotels, motels and apartment buildings with four or more dwelling units;

(ii) Commercial unit. Shall generally include all nonresidential property that does not meet the definition of an industrial unit; and

(iii) Industrial unit. Shall generally include but not be limited to, all property with buildings or structures constructed thereon that are used for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations.

(Ord. No. 196-12, § 1(exh. A), 10-17-2012; Ord. No. 201-13, § 1, 6-19-2013)

Not later than fifteen working days prior to close of escrow for a transfer of title or change in ownership, or the end of any inspection period stipulated by the agreement of sale of any unit, the owner, or his/her authorized representative, shall file with the administrator a written application for a report, or exemption, on a form to be prescribed by the administrator and accompanied by the fee. The filing fee for the application for the report or exemption from the resale inspection shall be established by resolution of the city council.

(Ord. No. 196-12, § 1(exh. A), 10-17-2012)

An owner, or authorized representative, must file an application, together with the fee, with the administrator for exemption from the requirements of this article for the sale and exchange of a unit. The sale or exchange shall be exempt from the requirements of this article if the following conditions are met:

(a) A certificate has been issued and the city's on-site inspection was completed within five years of the date of the close of escrow, and the buyer is provided a copy of such report prior to a sale or exchange, provided however, that no modifications requiring a permit have been initiated without a permit; and

(b) There are no reports for which certificates have not been issued; and

(c) There are no outstanding building permits.

The owner shall provide the buyer with a copy of the most recent report.

(Ord. No. 196-12, § 1(exh. A), 10-17-2012)

Within five working days after the application required by Section 15.32.030 is received, the administrator shall cause an inspection of the unit to be made for compliance with all applicable laws and regulations relating to health and safety standards for units.

(Ord. No. 196-12, § 1(exh. A), 10-17-2012)

When an inspection has been completed, the administrator shall issue a report. The report shall include:

(a) The address of the building;

(b) The date of on-site inspection;

(c) The date the inspection was completed;

(d) The date of issue;

(e) The itemization of all violations that are required to be corrected at this time;

(f) Any informational notice to buyer; and

(g) The following statement:

NOTICE TO PROSPECTIVE BUYER:

You are hereby advised that the [residential/commercial/industrial] unit described in this report has been found to have certain violations which are itemized herein. The itemized violations are those which are required to be corrected. You, as buyer, will be required to correct within ninety (90) days of the sale or exchange the listed violations which are not corrected and reinspected or self-certified prior to sale of property, or in such time as determined by the administrator. The scope of the inspection was limited, and some violations may exist that require correction but which the city does not reinspect following the correction. Other violations may, or may not, exist.

(Ord. No. 196-12, § 1(exh. A), 10-17-2012)

The administrator shall issue the report within five working days of completion of the inspection.

(Ord. No. 196-12, § 1(exh. A), 10-17-2012)

A report issued as a result of an inspection pursuant to this article shall have no further force and effect upon the earlier of: (1) issuance of a certificate; or (2) eighteen months following an inspection during which no sale occurs. Notwithstanding the foregoing, a report expires immediately upon any modification, alteration or addition to a unit done without a permit and which requires a permit. Nothing in this section releases a person owning any interest in a unit from correcting or remedying any violation.

(Ord. No. 196-12, § 1(exh. A), 10-17-2012)

Prior to the sale or exchange of a unit, the owner shall provide the prospective buyer of the unit with a copy of the report. The buyer shall acknowledge receipt and the date of receipt of the report on the original or a true copy thereof. A copy of the report signed by the buyer shall be filed by the buyer with the administrator within five working days of the sale or exchange. Failure to file such report within such time shall be a violation of this article.

(Ord. No. 196-12, § 1(exh. A), 10-17-2012)

It shall be a violation of this article for any sale or exchange to be completed until a report has been executed by the administrator and buyer as provided above.

(Ord. No. 196-12, § 1(exh. A), 10-17-2012)

If owner does not remedy the violations and obtain a certificate, any buyer or person owning any interest in a unit after a transfer of title or change of ownership shall correct any violations identified in the report of violations within ninety days of the sale or exchange, or in such time as determined by the administrator.

In the event correcting the violation involves a greater time period to correct, the current owner must submit a written request to the administrator for an extension of time no later than thirty days prior to the initial deadline. The written request by the owner shall list the specific and factual circumstances beyond the control of the owner which have prevented the required action from being taken. The final decision to allow an extension, if any, shall belong solely to the administrator.

(Ord. No. 196-12, § 1(exh. A), 10-17-2012)

When the unit is in compliance with the Williams Municipal Code and all other applicable laws and regulations, the administrator shall issue a certificate upon completion of inspection and correction of violations. The certificate shall state:

(a) The date of issuance;

(b) The address of the building; and

(c) The following statement:

NOTICE TO PROSPECTIVE BUYER: ;p1;You are hereby advised that the residential unit described in this certificate when issued was found to have no applicable code or ordinance violations or no code or ordinance violations that required correction at this time. The scope of the investigation was limited and other violations may or may not exist. Some violations may have been corrected after inspection and the city may not have reinspected these items prior to the issuance of this certificate.

(Ord. No. 196-12, § 1(exh. A), 10-17-2012)

The owner shall be responsible for making the unit available for inspection by the city in accordance with the Williams Municipal Code.

(Ord. No. 196-12, § 1(exh. A), 10-17-2012)

The seller, with or without an agent, shall be required to provide the buyer a resale ordinance/brochure to inform him or her of the process and requirements under this article. It shall be a rebuttable presumption that the seller provided such information and documentation.

(Ord. No. 196-12, § 1(exh. A), 10-17-2012)

(a) Violation of any provision of this chapter shall be deemed a misdemeanor.

(b) Any violation of any section of this chapter is hereby deemed and declared to be a public nuisance and may be abated by any remedy provided by law, including but not limited to administrative citations, abatement actions, civil complaints, criminal complaints or any combination of the above remedies.

(Ord. No. 196-12, § 1(exh. A), 10-17-2012)