HomeMy WebLinkAbout90-25 - Deleting Chapter 15.35 and Adding Chapter 20.03 to the Newport Beach Municipal Code Related to Report of Residential Building Records (Planning Commission Amendment No. 706)ORDINANCE NO. - 90 -25
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH DELETING CHAPTER
15.35 AND ADDING CHAPTER 20.03 TO
THE NEWPORT BEACH MUNICIPAL CODE
RELATED TO REPORT OF RESIDENTIAL BUILDING RECORDS
(PLANNING COMMISSION AMENDMENT NO. 706).
The City Council of the City of Newport Beach does hereby ordain as follows:
•Section I. Chapter 15.35 of the Newport Beach Municipal Code related to
Report of Residential Building Records is hereby deleted.
Section II. The Newport Beach Municipal Code is hereby amended to include
•
Chapter 20.03, Report of Residential Building Records, to read as follows:
Chapter 20.03
REPORT OF
RESIDENTIAL BUILDING RECORDS
Sections:
20.03.010 Intent.
20.03.020 Definitions.
20.03.030 Report Required.
20.03.040 Application.
20.03.045 Inspection.
20.03.050 Delivery of Report.
20.03.060 Exceptions.
20.03.065 Refunds
20.03.070 Penalties.
20.03.010 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 or lease purchase agreement of a previously occupied 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 requirement of
such a report will reduce violations on existing parcels of residential property and will
prevent violations in the future.
20.03.020 Definitions. (a) "Owner" shall mean any person, copartnership,
association, corporation or fiduciary having legal or equitable title or any interest in any
real property.
(b) "Residential building" shall mean any structure which contains a dwelling unit,
situated in the city, and shall include the building or structures located on said improved
real property.
(c) "Agreement of sale or exchange" shall mean any agreement or written
instrument which provides for transfer of ownership of real property including but not
limited to land sale contracts, exchange agreements, or lease purchase agreements.
•20.03.030 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 Records showing the regularly
authorized use, occupancy, and zoning classification of such property. Said report shall
be valid for a period not to exceed one (1) year from date of issue, unless there has
been a change of ownership at which time a new Residential Building Report would be
required.
20.03.040 Application. Upon application of the owner or any authorized
representative and accompanied by a fee in an amount established by the City Council
by Resolution, the Planning 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, use permits, exceptions, modifications and other pertinent legislative
acts of record; and
(e) Any special restrictions in use or development which may apply to the subject
property.
20.03.045 Inspection. In addition to the information supplied in Section
20.03.040, the Planning Director shall make a physical inspection in conjunction with
each application for Report of Residential Building Records, and the Planning Director
shall include in the report evidence of Building or Zoning Code violations observed
• during the inspection.
20.03.050 Delivery of report. The Report of Residential Building Records shall
be delivered by the owner, or the authorized designated representative of the owner to
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the buyer or transferee of the residential building prior to the consummation 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 Planning Department as evidence of
compliance with provisions of this Chapter.
20.03.060 Exceptions. The provisions of this Chapter shall not apply to the first
• sale of a residential building, unless previously occupied.
20.03.065 Refunds. An Administrative fee of $10.00 will be charged for any
report that is subsequently cancelled or where a request for a refund has been . made.
No refunds will be made for a Residential Building Report that has had a property
inspection pursuant to Section 20.03.045 unless the request for a refund is for a duplicate
report.
20.03.070 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 III. This Ordinance was introduced at a regular meeting of the
City Council of the City of Newport Beach held on the 23rd day of April, 1990 and
adopted on the 14th day of May 1990, by the following vote:
AYES, COUNCILMEMBERS TURNER, WATT, SANSONE,
PLUMMER, HART, STRAUSS, COX
NOES, COUNCILMEMBERS NONE
ABSENT COUNCILMEMBERS NONE
• PLM4�_
MAYOR