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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 -2- 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