Chapter 5.25


5.25.010    Authority and purpose.

5.25.020    Definitions.

5.25.030    Report of city records before real property sale.

5.25.040    Issuance by city.

5.25.050    Delivery to buyer.

5.25.060    Exceptions.

5.25.070    Nonliability of city.

5.25.080    Violation.

5.25.010 Authority and purpose.

The city council finds, determines and declares as follows:

A. This chapter is adopted pursuant to the authority of Cal. Gov. Code Title 4, Division 3, Part 2, Chapter 10, Article 6.5 (commencing with Cal. Gov. Code § 38780) and other applicable law.

B. Citizens, property owners, and potential property owners in the city need information about property proposed for sale or transfer in order to adequately protect their interests in a sale or transfer. Building and zoning records of the city constitute an important source of such information. Therefore, it is one of the purposes of this chapter to assist in, but not guarantee, the disclosure of information from city records about real property within the city.

C. It is also a purpose of this chapter to assist the city in abating public nuisances and enforcing its building and zoning ordinances by identifying properties in violation of its codes. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 440 § 1, 1987)

5.25.020 Definitions.

As used in this chapter:

A. “Consummation of the sale or exchange” means the signing of final documents at the close of escrow, which documents provide that title to or ownership of any real property is transferred from one owner to another owner.

B. “Owner” means any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any property.

C. “Property” means any unimproved or improved real property situated in the city and shall include the buildings or structures located on the property. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 440 § 1, 1987)

5.25.030 Report of city records before real property sale.

Prior to the consummation of the sale or exchange, the owner or the owner’s authorized representative shall obtain from the city a real property records report as described in PVEMC 5.25.040. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 440 § 1, 1987)

5.25.040 Issuance by city.

A. Upon application of the owner or his authorized agent on a form prescribed by the city and the payment to the city of a fee established by resolution of the city council, the city engineer, or his authorized representative, shall review pertinent city records insofar as they are available, and, within five business days after receipt of a complete application, deliver to the applicant a report which contains the following information about the subject property insofar as it is available as of the date the report is issued:

1. The street address and assessor number;

2. The zone classification as set forth in this code;

3. The occupancy as indicated and established by permits of record;

4. Variances, conditional use permits, exceptions, and other pertinent administrative or legislative acts of record;

5. Any special restrictions of use or development of record; and

6. A copy of all building permits, exclusive of plumbing, electrical and mechanical permits.

B. The report shall expire, and may not be used for the purpose of compliance with PVEMC 5.25.050, six months after issuance; provided, however, that upon an application made by the owner and filed with the building official 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.

C. Any certificate or report issued pursuant to this section shall not constitute authorization to violate any ordinance or other law regardless of whether the certificate or report purports to authorize the violation or not. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 440 § 1, 1987)

5.25.050 Delivery to buyer.

The report shall be delivered by the property owner, or the authorized designated representative of the owner, to the buyer or transferee of the property prior to the consummation of the sale or exchange. The buyer or transferee shall execute a receipt therefor as furnished by the city and the receipt shall be delivered to the city engineer or the engineer’s authorized representative as evidence of compliance with the provisions of this section. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 440 § 1, 1987)

5.25.060 Exceptions.

The provisions of this chapter shall not apply to the following:

A. The first sale of residential or commercial buildings or condominiums 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.

B. Buildings and properties acquired or conveyed by the city. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 440 § 1, 1987)

5.25.070 Nonliability of city.

The issuance of the real property records report is not a warranty or representation by the city that the subject property or its present use is or is not in compliance with the law. The city does not represent or warrant that the information contained in the report will always be complete and/or accurate and all persons receiving the report should independently verify the information contained therein before relying on it. Neither the enactment of this chapter nor the preparation of and delivery of any report required under this chapter shall impose any mandatory duty upon the city to completely and accurately report the information from its records or impose any liability upon the city for any errors or omissions contained in the report. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 440 § 1, 1987)

5.25.080 Violation.

A. No sale or exchange of residential or commercial property shall be invalidated solely because of the failure of any person to comply with any provisions 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 the absence of this chapter.

B. In cases where property has already changed hands and the city requests a seller to provide a report after a sale or transference of property has taken place, an additional fee in the amount of fifty percent of the original fee shall be required if the application fee is not paid within ten days of notice by the city. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 440 § 1, 1987)