15.44. 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 the grantee of a residential building within the city is 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 further intent to assist in the protection of the buyer of residential properties against undisclosed restrictions on the use of the property. (Ord. 99-1192 §1 (part), 06/22/99; Ord. 95-1142 §1 (part), 1995: prior code § 7-8)

15.44. 020 Definitions.

    For the purposes of this chapter, the following terms are defined as follows:

1.  "Owner" means any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property.
2. "Residential building" shall mean any improved real property designed, used or permitted to be used for dwelling purposes, situated in the City of Hermosa Beach, and shall include the building or structure located on said improved real property. 
3. "Agreement of sale" means any agreement or written instrument which provides that any ownership or interest in title to any real property is to be transferred from one owner to another owner.  (Ord. 99-1192 § 1 (part), 06/22/99; Ord. 95-1142 § 1 (part), 1995: prior code § 7-8.1)

15.44. 030  Report required.

    At the time of 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 classification of such property. Said report shall be valid for a period not to exceed six months from date of issue. (Ord. 99-1192 § 1 (part), 06/22/99; Ord. 95-1142 § 1 (part), 1995: prior code § 7-8.2)

15.44. 040  Application--Contents of report--Review of records.

    Upon application of the owner, or his authorized agent, and the payment to the city of a fee prescribed, plus the established fee for copies of the city code if requested by the applicant, the pertinent city records shall be reviewed, and an on-site inspection made of the property and the improvements thereon (including an interior inspection of the premises with the permission of the property owner) and a report of residential building records shall be delivered to the applicant which may contain the following information insofar as it is available:

1. The street address or other appropriate description of subject property;
2. The use permitted as indicated and established by permits of record;
3. A statement of the zoning classification applicable to the property in question;
4. A statement of the variances and use permits of record, if any, granted to that property, together with the conditions and restrictions of such permits;
5. A statement as to whether there exists, or appears to exist, any illegality or permitted nonconformity in the structures on the property or the uses made thereof;
6. Should the present use of the property and the use authorized by Zoning Ordinances in effect at the time of inspection disclose an apparent violation of the Zoning Ordinance, and the use which constitutes the apparent violation was not constructed pursuant to a building permit as noted in the records of the Community Development Department, such finding shall be noted on the report of residential building records.

    Errors or omissions in said report shall not bind or stop the city from enforcing any and all building and zoning codes against the seller, buyer and any subsequent owner. Said report does not guarantee the structural stability of any existing building nor does it relieve the owner, his agent, architect or builder from designing and building a structurally stable building meeting the requirements of adopted building, plumbing and electrical codes. (Ord. 99-1192 § 1 (part), 06/22/99; Ord. 95-1142 § 1 (part), 1995: prior code § 7-8.3)

15.44. 050 Delivery of Report to Buyer or Transferee.

    The report of residential building record 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 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 building division, as evidence of compliance with the provisions of this chapter. (Ord. 99-1192 § 1 (part), 06/22/99; Ord. 95-1142 § 1 (part), 1995: prior code § 7-8.4)

15.44. 060 Physical examination of property.

    Upon the verified request of the seller, a physical examination of the subject property shall be made by the Building Division, and a report thereon delivered to said seller. The report of residential building records shall include the following language: "Unless otherwise indicated in this report the inspection of the premises has not included an inspection of the interior of the premises. The permission of the owner of the property is required for the city inspector to make an inspection of the interior premises. You have the right to require, as a condition of the purchase of the property, that the owner request an inspection by a city inspector of the interior of the premises. This report cannot offer maximum protection without an inspection of the interior of the premises. For further information concerning the nature of this report you should read and review Chapter 15.44 of the City Code of the Hermosa Beach. (Ord. 99-1192 § 1 (part), 06/22/99; Ord. 95-1142 § 1 (part), 1995: prior code § 7-8.5)

15.44. 070  Exceptions.

1. The provisions of this chapter shall not apply to the first sale of a residential building located in a subdivision the final map for which has been approved and recorded in accordance with the Subdivision Map Act not more than two (2) years prior to the first sale.
2. Residential report of building records shall not be required when exchange of real property is between immediate members of a family.
3. Condominiums shall be required to have one residential report of building records per structure which is valid for one year. Interior inspections of condominiums may be requested and a prescribed fee will be charged for each unit inspected.
4. The provisions of this chapter shall not apply to the first sale of a residential property sold within ninety (90) days after final approval is given. (Ord. 99-1192 § 1 (part), 06/22/99; Ord. 95-1142 § 1 (part), 1995: prior code § 7-8.6)

15.44. 080 Form--Time Limit for Delivery of Report.

1. The Director of Community Development shall prepare standardized forms for the report of residential building records. Said report shall be delivered to the owner, or his authorized agent, by registered mail, within forty (40) calendar days of receipt of the application and fees.
2. Should the city fail to deliver, or to attempt to deliver, said report within the aforementioned forty (40) days, the sale, if consummated, shall not be deemed in violation of this chapter. (Ord. 99-1192 § 1 (part), 06/22/99; Ord. 95-1142 § 1 (part), 1995: prior code § 7-8.7)

15.44. 090  Nonliability of City.

    The issuance of the residential building record report is not a representation by the City of Hermosa Beach  that the subject property or its present use is or is not in compliance with the law. Neither the enactment of this chapter nor the preparation of and delivery of any report required hereunder shall impose a liability upon the city for any errors or omissions contained in said report, nor shall the city bear any liability not otherwise imposed by law. (Ord. 99-1192 § 1 (part), 06/22/99; Ord. 95-1142 § 1 (part), 1995: prior code § 7-8.9)

15.44. 100 Violation--Penalty.

1. 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 Chapter 1.12 of the Municipal Code of the City of Hermosa Beach.
2. 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 of omission which would be a valid ground for rescission of such sale or exchange in the absence of this chapter. (Ord. 99-1192 § 1 (part), 06/22/99; Ord. 95-1142 § 1 (part), 1995: prior code § 7-8.8)