Chapter 7.64
SPARK ARRESTORS
Sections:
7.64.020 Single-family dwelling defined.
7.64.030 Transfer of property.
7.64.040 Delivery of statement.
7.64.070 Monitoring compliance not implied.
7.64.080 Exclusive remedy for failure to comply.
7.64.010 Required.
On and after the effective date of the ordinance codified in this chapter, every single-family dwelling which is sold and which has an appliance or fireplace connected to a chimney shall terminate in a spark arrestor. Such spark arrestor shall be constructed with 12 gauge minimum welded or woven wire mesh which will not permit passage of spheres having a diameter larger than inch, nor block passage of spheres having a diameter of less than 3/8 inch. The spark arrestor shall have a net free area of not less than four (4) times the net free area of the chimney it serves. (Ord. 37-87 § 1 (a))
7.64.020 Single-family dwelling defined.
For the purposes of this chapter, “single-family dwelling” does not include a manufactured home as defined in Section 18007, a mobile home as defined in Section 18008, or a commercial coach as defined in Section 18001.8. (Ord. 37-87 § 1 (h))
7.64.030 Transfer of property.
On and after the effective date of the ordinance codified in this chapter, the transfer of any real property containing a single-family dwelling, whether the transfer is made by sale, exchange, or real property sales contract, as defined in Section 2985 of the State Civil Code, shall deliver to the transferee a written statement indicating that the transferor is in compliance with this section. The disclosure statement shall be either included in the receipt for deposit in a real estate transaction, an addendum attached thereto, or a separate document. (Ord. 37-87 § 1 (b))
7.64.040 Delivery of statement.
The transferor shall deliver the statement referred to in Section 7.64.030 as soon as practicable before the transfer of title in the case of a sale or exchange, or prior to execution of the contract where the transfer is by a real property sales contract, as defined in Section 2985 of the State Civil Code. For purposes of this section, “delivery” means delivery in person or by mail to the transferee or transferor, or to any person authorized to act for him or her in the transaction, or to additional transferees who have requested delivery from the transferor in writing. Delivery to the spouse of a transferee or transferor shall be deemed delivery to a transferee or transferor, unless the contract states otherwise. (Ord. 37-87 § 1 (c))
7.64.050 Exemptions.
This section does not apply to any of the following:
A. Transfers which are required to be preceded by the furnishing to a prospective transferee of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code;
B. Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in the 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 of a deed of trust by a trustor in default, transfers by an foreclosure sale after default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, or transfers by a sale under a power of sale after a default in an obligation secured by a deed to 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 decedent’s estate, guardianship, conservatorship, or trust;
E. Transfers from one co-owner to one or more co-owners;
F. Transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors;
G. Transfers between spouses resulting from a decree of dissolution of a marriage, from a decree of legal separation, or from a property settlement agreement incidental to either of those decrees;
H. Transfers by the Controller in the course of administering the Unclaimed Property Law provided for in Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure;
I. Transfer under the provisions of Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division I of the Revenue and Taxation Code. (Ord. 37-87 § 1 (d))
7.64.060 Liability.
No liability shall arise, nor any action be brought or maintained against, any agent of any party to a transfer of title, including any person or entity acting in the capacity of an escrow, for any error, inaccuracy, or omission relating to the disclosure required to be made by a transferor pursuant to this section. However, this subdivision does not apply to a licensee, as defined in Section 10011 of the State Business and Professions Code, where the licensee participates in the making of the disclosure required to be made pursuant to this section with actual knowledge of the falsity of the disclosure. (Ord. 37-87 § 1 (e))
7.64.070 Monitoring compliance not implied.
Except as otherwise provided in this chapter, this chapter shall not be deemed to create or imply a duty upon a licensee, as defined in Section 10011 of the State Business and Professions Code, or upon any agent of any party to a transfer of title, including any person or entity acting in the capacity of an escrow, to monitor or ensure compliance with this chapter. (Ord. 37-87 § 1 (f))
7.64.080 Exclusive remedy for failure to comply.
No transfer of title shall be invalidated on the basis of a failure to comply with this chapter, and the exclusive remedy for the failure to comply with this chapter is an award of actual damages not to exceed one hundred dollars ($100), exclusive of any court costs and attorney’s fees. (Ord. 37-87 § 1 (g))