Chapter 15.40
REPORTS OF RESIDENTIAL, COMMERCIAL AND INDUSTRIAL BUILDING RECORDS
Sections:
15.40.030 Reports required – Delivery of reports and waivers.
15.40.050 Inspection not a warranty.
15.40.070 Violations – Penalties.
15.40.010 Purpose.
Pursuant to the provisions of Article 6.5 (commencing with Section 38780) of Chapter 10 of Part 2 of Division 3 of Title 4 of the Government Code of the state and the city’s police power, it is the intent of the city council to assure that the grantee of a building or a property within the city is furnished a report on matters of city record pertaining to the authorized use, occupancy and zoning classification of real property prior to sale or exchange. It is the further intent to protect the unwary buyer of such property against undisclosed restrictions on the use of the property. (Ord. 1474 § 3 (part), 1994)
15.40.020 Definitions.
For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:
“Commercial building” means any improved real property situated in the city, designed or permitted to be used for commercial purposes, and shall include the buildings and structures located on such improved real property.
“Consummation of the sale or exchange” means the signing of final documents at the close of escrow which documents provide that title to any property is transferred from one owner to another owner.
“Industrial building” means any improved real property situated in the city, designed or permitted to be used for industrial purposes, and shall include the buildings and structures located on such improved real property.
“Owner” means any person, copartnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property.
“Residential building” means any improved real property situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. (Ord. 1474 § 3 (part), 1994)
15.40.030 Reports required – Delivery of reports and waivers.
At least thirty days prior to the consummation of the sale or exchange of any building or improved or unimproved real property within the city, it shall be the duty of the owner, or if the property is listed with a licensed real estate broker, it shall be the duty of such broker to apply, pursuant to Section 15.40.040, for a report showing the regularly authorized use, occupancy and zoning classification of such property, or submit to the building official at least twenty days prior to the consummation of the sale a written waiver of such report, fully executed by the prospective buyer or transferee of such property, on a form supplied by the community development department. If the report is not waived, it shall be delivered by the owner, or agent of the owner (broker), to the buyer or transferee of the building or property no later than fifteen days prior to the consummation of the sale or exchange. Upon the receipt of the report, the buyer or transferee shall execute a receipt form furnished by the city, and such receipt shall be delivered to the office of the building official as evidence of compliance with this chapter. Such report shall be valid for a period not to exceed six months after the date of issue; provided, however, upon an application made by the owner and filed with the building official on a form provided by the city stating that no structural changes, improvements, or additions have been made since the date of the issuance of the original report, such original report shall be valid at no additional cost for an additional period not to exceed six months, dated from the date of the expiration of the first six month report. Such report, unless waived as provided in this section, shall be available to the prospective buyer at the premises of the subject property or at the premises of any authorized representative. (Ord. 1474 § 3 (part), 1994)
15.40.040 Application.
Upon the application of the owner, or his authorized agent, and the prepayment to the city of a fee as determined by resolution of the city council, the building official shall review the pertinent city records; make an exterior inspection of all buildings, and if requested to do so, make an interior inspection of all buildings for obvious code violations; and deliver to the applicant a report which shall contain the following information, so far as it is available:
A. Street address and legal description of the subject property;
B. Zone classification and authorized use as set forth in this code;
C. Occupancy as indicated and established by permits and records;
D. Business licenses or permits issued by the city to the occupants of the property, if any;
E. Variances, conditional use permits, exceptions, and other pertinent letters and legislative acts of record;
F. Any special zoning or general plan restrictions on uses or development which may apply to the subject property; and
G. A list of all presently observable violations of housing and building codes, as applicable, zoning regulations, or other matters pertaining to the subject property that are a matter of city record.
H. A listing of all administrative citations and other fines, penalties, fees, delinquent taxes, and costs resulting from violations of the Gardena Municipal Code, which have been assessed against the owner or any occupant of the subject property, which remain unpaid to the City, and which already have or are eligible to be recorded as a lien against the subject property. (Ord. 1656 § 3, 2004; Ord. 1474 § 3 (part), 1994)
15.40.050 Inspection not a warranty.
Inspection pursuant to Section 15.40.040 does not constitute a warranty or guarantee by the city that violations other than those disclosed do not exist. Inspection shall not stop the city from taking all appropriate actions necessary should a violation subsequently be discovered. The city assumes no liability for failing to discover a violation, and for failing to report the same. (Ord. 1474 § 3 (part), 1994)
15.40.060 Exception.
The provisions of this chapter shall not apply to the first sale of the building or property located in a new subdivision whose final map has been approved and recorded not more than two years prior to the first sale. This provision shall also not apply to buildings or properties which are subdivisions of air space for condominium purposes or to “own-your-own” apartments. (Ord. 1474 § 3 (part), 1994)
15.40.070 Violations – Penalties.
A. Anyone in violation of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 1.16 of this code.
B. No sale or exchange of property shall be invalidated solely for the failure of any person to comply with any provision of this chapter, unless such failure is an act or omission which would be a valid ground for the rescission of such sale or exchange in the absence of this chapter. (Ord. 1474 § 3 (part), 1994)