HomeMy WebLinkAbout97-21 Residential Building Records and InspectionsORDINANCE NO. 97-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ADDING CHAPTER VIII
TO TITLE 5 OF THE COSTA MESA MUNICIPAL CODE
PERTAINING TO RESIDENTIAL BUILDING RECORDS AND
INSPECTIONS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Chapter VIII is hereby added to Title 5 of the Costa Mesa
Municipal Code to read as follows:
CHAPTER VIII
REPORT OF RESIDENTIAL BUILDING RECORDS
Sec. 5-118. Authorization and Findings.
The City Council is authorized to require a Report of Residential
Building Records pursuant to the provisions of the Constitution of the
State of California and section 38780 et seq., of the California
Government Code. The City Council finds that requiring a Report of
Residential Building Records will:
(a) Reduce and prevent violations of building, housing ,and zoning
codes by providing the owner of multi -family residential property, with
information as to permitted and illegal uses and construction, as well
as substandard housing conditions;
(b) Facilitate enforcement of building, housing and zoning codes
designed to protect the public health, safety and "welfare; and
(c) Provide the City with an opportunity, assuming consent by the
property owner, to inspect property in an effort to identify potentially
hazardous and substandard conditions.
Sec. 5-119. Definitions.
(a) Owner shall mean any person, partnership, association,
corporation or fiduciary having legal or equitable title in any residential
building and the authorized agent thereof.
(b) Residential Building shall mean any structure which contains
four (4) or more units as that term is defined in Title 13 and shall
include the buildings or structures accessory to the structure which
contains the dwelling units and the real property on which the
Residential Building is located.
(c) Agreement of Sale shall mean any agreement or written
instrument which provides for transfer of ownership of real property
including but not limited to land sale contracts, exchange agreements
or lease purchase agreements.
(d) Report of Residential Building Records or Report shall mean a
Report issued by the City describing the zoning of the Residential
Building, the number of dwelling units permitted pursuant to the
zoning classification, and other information relevant to the use,
occupancy and construction of the Residential Building.
Sec. 5-120. Report Required.
The Owner of any Residential Building shall obtain from the City
a Report of the Residential Building Records upon entering into an
Agreement of Sale. The Owner shall file an application for such a
Report not later than three (3) days after entering into an Agreement
of Sale.
See. 5-121. Application.
The Report of Residential Building Records shall be issued by the
City within thirty (30) days after the Owner submits a completed
application on the form provided. by the City and pays the . fee
established by resolution of City Council. The Owner shall indicate on
the application if consent is given for an inspection and/or re-
inspection of the Residential Building. If an inspection is to occur, the
application fee shall be adjusted to include an inspection fee
established by resolution of City Council. If consent is not given by
the Owner for inspection and/or re -inspection of the Residential
Building, the Report shall indicate the Owner refused to consent to the
inspection or re -inspection.
Sec. 5-122. Inspection.
If the Owner consents, the City shall cause a physical inspection
of the Residential Building and shall include in the Report of Residential
Building Records evidence of building permit, housing or zoning code
violations observed during the inspection, the correction of those
violations as determined by any re -inspection, and any failure or refusal
of owner to permit a re -inspection and/or the correction of those
violations as determined by inspection or re -inspection, if any.
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Sec. 5-123. Delivery of Report.
(a) If the Owner refuses to consent to an inspection, a copy
of the Application noting such refusal shall be delivered by the owner
to the other parties or party to the agreement within, three (3) days of
filing the Application with the City.
(b) The completed Report of Residential Building Records shall be
delivered by the Owner to the other party or parties to the Agreement
of Sale prior to the completion of the transaction. The other party or
parties to the Agreement of Sale shall execute the Acknowledgment of
Receipt of the Report of Residential Building Records which shall be
filed with the City within thirty (30) days after completion of the
transaction. The filed Report shall be proof of compliance with the
provisions of this Chapter.
Sec. 5-124. Exceptions.
The provisions of this chapter shall not apply to:
(a) The first sale of a Residential Building which has never
been occupied;
(b) Transfers pursuant to court order, including but not
limited to, transfers ordered by a Probate Court in administration of an
estate, transfers pursuant to a writ of execution, transfers by a trustee
in bankruptcy, transfers by eminent domain, or transfers resulting from
a decree for specific performance;
(c) Transfers to a mortgagee by a mortgagor in default,
transfers to a beneficiary to .a deed of trust by a trustor in default,
transfers by any foreclosure sale after default in default in an
obligation secured by a mortgage, or transfers by sale under a power
of sale after a default in an obligation secured by a deed of trust or
secured by any other instrument containing a power of sale;
(d) Transfers by a fiduciary in the course of the
administration of a guardianship, conservatorship, or trust;
(e) Transfers from one co-owner to one or more co-owners;
(f) Transfers between spouses resulting from a decree of
dissolution of a marriage, a decree of legal separation, or from a
property settlement agreement incidental to such decree;
(g) Transfers by the State Controller in the course of
administering the unclaimed property law;
(h) Transfers to a governmental entity;
(i) Transactions solely for the purpose of refinancing existing
debt secured by the Residential Building; and
(j) Transfers by an owner or owners into a family or living
trust where the owner(s) is a beneficiary or trustee of the trust.
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Sec. 5-125. Refunds/Cancellation Fees.
(a) City shall refund the fee accompanying an application for
a Report of Residential Building Records if a request for refund is made
prior to staff review of City records necessary to prepare the Report.
An administrative charge of twenty percent (20%) of the application
fee shall be withheld from any refund granted pursuant to this section.
No refunds will be made for a Residential Building Report that has had
a property inspection pursuant to this chapter.
(b) Owner shall pay an inspection or re -inspection
cancellation fee in the amount established by resolution of City
Council. This fee shall be charged when an inspection or re -inspection
appointment is made with the owner and the owner fails to appear at
the time of the inspection or cancels the appointment.
Sec. 5-126. Penalties.
(a) Any owner violating the provisions of this chapter shall be
guilty of the offenses and subject to the penalties specified in section
1-33 of this code.
(b) No sale or exchange of any Residential Building shall be
invalidated solely because of the failure of the owner to comply with
the provisions of this chapter.
Section 2. Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause, phrase,
or portion of this Ordinance, or the application thereof to any person, is for any reason
held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portion of this
Ordinance or its application to other persons. The City Council hereby declares that it
would have adopted this Ordinance and each chapter, article, section, subsection,
subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any
one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the
application thereof to any person, be declared invalid or unconstitutional. No portion of
this Ordinance shall supersede any local, State, or Federal law, regulation, or codes
dealing with life safety factors.
Section 3. Publication.
This Ordinance shall take effect and be in full force and effect January 1,
1998, and, before the expiration of fifteen (15) days after its passage, shall be
published once in t he NEWPORT BEACH -COSTA MESA PILOT, a newspaper
of general circulation printed and published in the City of Costa Mesa, or, in
the alternative, the City Clerk may cause to be published a summary of this
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Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office of the City Clerk
a certified copy of this Ordinance together with the names of the members of the
City Council voting for and against the same.
PASSED AND ADOPTED this 4tAl day of Q.<:,- , 1997.
ATTEST:
i
Deputy Ci y Clerk
of the City of Costa Mesa
s
ELI! &7471101
APPROVED AS TO FORM:
Csz�� ?— 6 - 97
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. 97-J-1 was introduced and considered section by section at a regular
meeting of said City Council held on the 7d' day of 5w Ly , 1997, and thereafter
passed and adopted as a whole at a regular meeting of said City Council held on
the 476�- day of pL,C-u.5-r , 1997, by the following roll call vote:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this St�- day of p"4--us-r . 1997•
RESIDENTIAL.32 (7-1-97)
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Deputyty Clerk and ex -officio
Clerk of e City Council of the
City of Costa Mesa