Chapter 15.40


15.40.010    Definitions.

15.40.020    Residential property inspection report required.

15.40.030    Contents of report.

15.40.040    Substandard housing inspection.

15.40.050    Effect and extent of report.

15.40.060    Exceptions.

15.40.070    Presentation of report to buyer.

15.40.080    Penalties.

15.40.090    No invalidation of sale or exchange.

15.40.010 Definitions.

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

A.    “Agreement of sale” means any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner, including a lease with option to buy.

B.    “Buyer” means any person, copartnership, association, corporation, fiduciary or other legal or business entity which intends to sign an agreement or instrument which on its face appears to be legally binding or is intended to be legally binding, subject to specified conditions. Such agreement or instrument shall include, but is not necessarily limited to, a deposit receipt, seller’s instructions, contract of sale, exercise of option to buy or executed deed when there is no prior written agreement.

C.    “Owner” means any person, copartnership, association, corporation, fiduciary or other legal or business entity having legal or equitable title or any interest in any residential property, or any realtor, real estate broker or agent representing such owner.

D.    “Residential property” means all improved real property which is, or by virtue of the zoning thereon, may be used for residential purposes. (Ord. 81-8 § 1 (part), 1981)

15.40.020 Residential property inspection report required.

Prior to the close of escrow or transfer of title for sale or exchange of any residential real property, the owner of such property shall obtain from the city a residential property inspection report and, pursuant to Section 15.40.070, deliver same to the buyer. An inspection of any other type of real property may be requested by the owner thereof, and if so requested, such report shall be subject to the same terms and conditions as a residential property inspection report required hereunder. A fee of twenty-five dollars shall be charged for each residential building (including apartments and condominiums) inspected pursuant hereto. A separate fee shall be charged for a substandard housing inspection report, if required, as provided for in Section 15.40.040. (Ord. 81-8 § 1 (part), 1981)

15.40.030 Contents of report.

Upon application by the owner or his authorized agent, and subject to payment of the fee required, the building inspector shall review pertinent city records, conduct an exterior inspection of the subject property, and deliver to the applicant within four working days a residential property inspection report which shall contain the following information, insofar as the same is available:

A.    Street location, address and parcel number of the subject property;

B.    Zone classification and authorized use;

C.    Occupancy as indicated and established by permits of record;

D.    Violations of the codes, ordinances and regulations of the city existing upon the subject property and its improvements which are of record or are revealed in the course of an exterior inspection by the city;

E.    Whether or not the building(s) inspected appear to the building inspector to be substandard, as defined in the Uniform Housing Code. (Ord. 81-8 § 1 (part), 1981)

15.40.040 Substandard housing inspection.

If, as a result of the exterior inspection provided for hereinabove, the building inspector determines, in his sole discretion, that the building inspected is or appears to be substandard, as that term is defined in the Uniform Housing Code adopted by Chapter 15.16 (Section 1001(a) of said uniform code, or similar subsequent section), then the residential property inspection report shall so indicate, and said report shall not be delivered to the owner until the building inspector makes a complete interior inspection of the building(s) in question, and prepares an additional report indicating why or in what manner the building is substandard and outlining the remedial action necessary to insure that the building complies with the minimum standards of the Uniform Housing Code. A fee of one hundred dollars shall be paid to the city for the substandard housing inspection and report. The report shall be attached to the regular property inspection report and delivered to the buyer, as provided for in Section 15.40.060. Completion of the remedial work specified in the sub-standard housing inspection report shall not be a condition to the sales or exchange transaction in question, but the city may at any future time take action to abate the substandard conditions pursuant to the Uniform Housing Code. (Ord. 81-8 § 1 (part), 1981)

15.40.050 Effect and extent of report.

Errors or omissions in any reports prepared under this chapter shall not bind or estop the city from abating any dangerous defects on the property by legal action against the seller, buyer or any subsequent owner. Such reports do not address guarantees of the structural stability of any existing building nor do they relieve the owner, his agent, architect or builder from designing and building a structurally stable building which meets the requirements of adopted codes and ordinances. Such reports shall be valid only as to the specific transaction for which the inspection and review of record was made by the city; provided, however, that in the event such transaction is not consummated, the reports shall be valid for a period of one hundred eighty days, on the condition that if a subsequent transaction is arranged during that period the property shall again be inspected by the city and a supplemental report issued, if necessary, without charge to the owner. (Ord. 81-8 § 1 (part), 1981)

15.40.060 Exceptions.

This chapter shall not apply to the first sale of:

A.    A newly constructed residential property which is sold within six months after final inspection by the city; or

B.    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 before the first sale. (Ord. 81-8 § 1 (part), 1981)

15.40.070 Presentation of report to buyer.

Upon receipt of the residential property inspection report, and any addendums thereto, the seller or his authorized agent shall present such report, or an exact copy of same, to the buyer prior to transfer of title of such property to such buyer. Buyer shall, upon receipt of such report, execute a receipt for such report upon a form provided by the city, and such receipt shall be returned either by hand delivery or first class mail to the building department of the city. (Ord. 81-8 § 1 (part), 1981)

15.40.080 Penalties.

Violations of this chapter shall be an infraction. (Ord. 81-8 § 1 (part), 1981)

15.40.090 No invalidation of sale or exchange.

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 recision of such sale or exchange in the absence of this chapter. (Ord. 81-8 § 1 (part), 1981)