Loading...
HomeMy WebLinkAbout1462 - Residential Building RecordsORDINANCE NO. 14 6 2 • AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 15.35 TO THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "REPORT OF RESI- DENTIAL BUILDING RECORDS" .0 r� �J The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 15.35 is added to the Newport Beach Municipal Code to read: Section: 15.35.010 15.35.020 15.35.030 15.35.040 15.35.050 15.35.060 15.35.070 15.35.010 "CHAPTER 15.35 REPORT OF RESIDENTIAL BUILDING RECORDS Intent. Definitions. Report Required. Application. Delivery of Report. Exceptions. Penalties. Intent. Pursuant to Article 6.5 (commencing with Section 38780), Chapter 10, Part 2, Division 3, Title 4 of the Government Code of the State of California, it is the intent of the City Council to assure that all parties to a transaction involving a sale of a residential building within the City of Newport Beach are furnished a report of matters of city record pertaining to the authorized use, occupancy and zoning classification of real property prior to sale or exchange. It is the purpose of this ordinance that the require- ment of such a report will reduce violations on existing parcels of residential property and will prevent violations in the future. 15.35.020 Definitions. (a) 'Owner' shall mean any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real -1- • r J • property. (b) 'Residential building' shall mean any improved real property designed or permitted to be used for dwelling purposes, situated in the city, and shall include the building or structures located on said improved real property. (c) 'Agreement of sale' shall mean any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner. 15.35.030 Report required. Prior to entering into an agreement of sale or exchange of any residential building, the owner or his authorized representative shall obtain from the city a report of the residential building record showing the regularly authorized use, occupancy, and zoning classifica- tion of such property. Said report shall be valid for a period not to exceed six (6) months from date of issue. 15.35.040 Application. Upon application of the owner or his authorized agent and the payment to the city of a fee of Five and nc /100 Dollars ($5.00), the Community Development Director shall review pertinent city records and deliver to the applicant a report of residential building records which shall contain the following information insofar as it is available: (a) The street address and legal description of subject property; (b) The zone classification and authorized use as set forth in this Code; (c) The occupancy as indicated and established by permits of record; (d) Variances, conditional use permits, -2- exceptions, and other pertinent legislative acts of record; and • (e) Any special restrictions in use or development which may apply to the subject property. 15.35.050 Delivery of report. The report of residential building records shall be delivered by the owner, or the authorized designated representative of the owner to the buyer or transferee of the residential building prior to the consum- mation of the sale or exchange. The buyer or transferee shall execute a receipt therefor as furnished by the city and said receipt shall be delivered to the Department of Community Development as evidence of compliance with the provisions of this Chapter. 15.35.060 Exceptions. The provisions of this Chapter shall not apply to 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. 15.35.070 Penalties. (a) Anyone in violation of the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided by the provisions of Section 1.04.010 of the Newport Beach Municipal Code; (b) No sale or exchange of residential 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." • SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective -3- 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of JUL 24 1972 , 1972, and was adopted on the day of ,AUG 2 8 1972 1972, by the following vote, to wit: ATTEST: za —ft, L' r. City Clerk CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION u G 31 19 ............................... C1 TV OF THE 61TY OF PORT Si AYES, COUNCILMEN: McInnis, Rogers, Croul, Dostal, Kymla, Ryckoff, Store NOES, COUNCILMEN•_ None ABSENT COUNCILMEN• None Mayor DON:mh • 7/12/72 m