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HomeMy WebLinkAboutOrdinance No. 2313 ORDINANCE NO. 2313 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING CHAPTER 15.06 TO THE AZUSA MUNICIPAL CODE RELATING TO REAL PROPERTY RECORDS REPORTS THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 15. 06 is hereby added to the Azusa Municipal Code to read as follows: CHAPTER 15.06 REAL PROPERTY RECORDS REPORT 15.06 .010 Authority and Purpose The City Council of the City of Azusa does hereby find, determine and declare that : A. This Chapter is adopted pursuant to the Authority of Article 6 . 5 (commencing with Section 38780) , Chapter 10, Part 2, Division 3, Title 4 of the Government Code of the State of California and other applicable law. B. Citizens, property owners, and potential property owners in the City of Azusa 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. 15.06. 020 Definitions A. "Agreement of Sale" shall mean any agreement or written instrument which provides that title to any property shall thereafter be transferred or conveyed from one Owner to another Owner . B. "Owner" shall mean any person, co-partnership, association, corporation or fiduciary having legal or equitable title or any interest in any Property. C. "Property" shall mean any unimproved or improved real property situated in the City and shall include the building or structures located on said property. PMT/ORD2259 15. 06 . 030 Disclosure Report Required Prior to entering into an Agreement of Sale of any Property, the Owner or his authorized representative shall obtain from the City a Real Property Records Report ( "Report" ) as described in Section 15. 06 . 040 . 15.06.040 Issuance of Report 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 Community Development Director , or his authorized representative, shall review pertinent City records insofar as they are available, and, within ten ( 10 ) 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, excep- tions, Precise Plans, and other pertinent Administrative or Legislative acts of record; and ( 5) Any special restrictions of use or development of record. B. The Report shall expire, and may not be used for the purpose of compliance with Section 15 . 06. 050, six (6) months after issuance. 15. 10. 050 Delivery of Report 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 execution of the Agreement of Sale. The buyer or transferee shall execute a receipt therefor as furnished by the City and said receipt shall be delivered to the Community Development Director or his authorized representative as evidence of compliance with the provisions of this Section. 15. 06. 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. Mobile homes and trailers occupying land on a month-to-month rental or annual lease agreement where land sales are not involved and the use is in compliance with local zoning requirements. PMT/ORD2259 -2- C. Buildings and properties acquired or conveyed by the City. 15.06 .070 Penalties 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 recision 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 ( 50% ) of the original fee shall be required if the application fee is not paid within ten (10) days of notice by the City. 15.06. 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 upon it . Neither the enactment of this Chapter nor the preparation of and delivery of any Report required hereunder 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 said Report . SECTION 2. The City Clerk shall certify the adoption of this ordinance and cause it to be published in the manner required by law. PASSED AND APPROVED this 2nd day of June , 1986 . MAYOR PMT/ORD2259 -3- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2313 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 19th day of May , 198 . That thereafter , said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2nd day of June , 1986, by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, COOK, MOSES NOES: COUNCILMEMBERS: CRUZ ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBER: LATTA - / 1 _11 ADa PH OLI , ' TY CLE•K PMT/ORD2259 -4-