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HomeMy WebLinkAboutOrdinances_2668_CCv0001.pdf ORDINANCE NO. 2668 AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 15.28 TO THE REDLANDS MUNICIPAL CODE RELATING TO RESIDENTIAL BUILDING RECORD REPOR'T'S WHEREAS, pursuant to California Government Code section 38780 et seq., a city by ordinance may provide that prior to the sale or exchange of any residential building, the owner or the owner's authorized agent shall obtain from the city a report of the residential building record showing the regularly authorized use, occupancy and zoning classification of such property; and WHEREAS, citizens, property owners and potential property owners in the City often require information about property proposed for sale or transfer in order to adequately protect their interests in such sale or transfer; THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: Section 1. Chapter 15.28, entitled "Residential Building Record Reports," is hereby added to the Redlands Municipal Code to read as follows: "Chapter 15.28 Residential Building Record Reports Section: 15.28.010 Definitions. 15.28.020 Report Required. 15.28.030 Application. 15.28.040 Delivery of Report. 15.28.050 Exceptions. 15.28.060 Violation of Chapter. 15.28.070 Validity of Sale. 15.28.010 Definitions. For the purposes of this Chapter, the following terms shall have the meanings ascribed to them: a. "Agreement of Sale" shall mean any agreement or written instrument which provides that any ownership or interest in title to any property is to be transferred from one owner to another owner. LMWOrdinancet2668 b. "Owner" shall mean any person, co-partnership, association, corporation or fiduciary, having legal or equitable title or any interest in any real property. C. "Residential Building" shall mean any improved real property designed, used or permitted to be used for dwelling purposes, situated in the City, and shall include any building or structure located on such improved real property. 15.28.020 Report Required. Prior to entering into an agreement of sale or exchange of any residential building, the owner or the owner's authorized representative shall obtain from the City, or its authorized agent, a report of the residential building record showing the regularly authorized use, occupancy and zoning classification of such property. This report may be used by the owner or the owner's authorized representative to meet the requirements of this Chapter for a period of six (6) months from the issuance date by the City or the City's authorized agent. 15.28.030 Application. Upon application of the owner or the owner's authorized agent, and the payment to the City or its authorized agent of the fee adopted by resolution of the City Council, pertinent City records shall be reviewed and a residential building record report shall be delivered, which shall contain the following information insofar as it is available: (a) The street address and assessor's parcel number; (b) The zoning classification and authorized use pursuant to this Code and City plans; (c) The occupancy as indicated and established by permits of record; (d) Variances, conditional use pennits, exceptions and other pertinent acts of record; and (e) Any special restrictions of use or development which may apply to the subject property. 15.28.040 Delivery of Report. The residential building record report shall be delivered to the buyer or transferee of the residential building prior to the consummation of the sale or exchange. 15.28.050 Exceptions. This Chapter shall not apply to the following: (a) The first sale of a residential building located in a subdivision whose final map has been approved and recorded in accordance with the Subdivision Map Act not more than two years prior to the first sale; or (b) Buildings acquired or conveyed by the City. 15.28.060 Violation of Chapter. It shall be unlawful for the owner of a residential building to sell or exchange the same without first having obtained and delivered to the buyer a residential building record report. Such violation is an infraction subject to the penalties found in section 1.20.020 of this Code. LMMydinanee?2W 1.5.28.070 Validity of Sale. No sale or exchange of residential property 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 which would be a valid ground for rescission of such sale or exchange in absence of this Chapter." Section 2. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once in the Redlands Baily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect in accordance with law. Mayor of the City of Redlands ATTEST City Clerk 1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinances was adopted by the City Council at a regular meeting thereof held on the 17th day y`, 007, by the following vote: AYES: Councilmembers Gilb th, Gil, Gallagher, Aguilar; Mayor Harrison NOES: None ABSENT: None ABSTAIN: None Lorrie Poyzer, City Clerk 1:M R\drdinancet2668