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Home My Public Portal About99-1173U ON, c O ORDINANCE NO. 99-1173U AN ORDINANCE OF THE CITY OF CARSON REGARDING RESIDENTIAL PROPERTY REPORTS, AMENDING THE CARSON MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS: Section 1. Findings and Declaration of Urgency. A. The City of Carson adopted Ordinance No. 99-1155 on April 20, 1999, which requires that persons seeking to buy residential real property in the City of Carson are furnished a report of matters of City record pertaining to such property's authorized use, occupancy, zoning classification and existing code violations. The Ordinance is intended not only to help protect the expectations of prospective buyers as to the future uses of their property, it is also intended to facilitate the orderly remediation of substandard residential real property within the City. B. On June 30, 1999, the City Council adopted Ordinance No. 99-1166U which temporarily suspended the enforcement of certain sections of Ordinance No. 99-1155 to avoid unreasonable hardships on current and prospective homeowners. On July 27, 1999, the Planning Commission reviewed proposed revisions to Ordinance No. 99-1155 which were designed to clarify and refine the provisions for the implementation and enforcement of its requirements for residential property reports. C. The effect of Ordinance No. 99-1966U expired as of September 1, 1999, and the provisions of Ordinance No. 99-1155 are now in full force and effect without the necessary revisions recommended by the Planning Commission. In order to adopt those revisions and avoid unintended consequences which would result from the enforcement of the original provisions of Ordinance No. 99-1155, the City Council finds that it is necessary that the provisions of this ordinance take effect immediately to avoid unreasonable hardships on current and prospective homeowners. This Ordinance is therefore necessary for the immediate preservation of the public peace, health, safety and welfare and shall take effect immediately. Section 2. Statement of Intent. Section 1 of Ordinance No. 99-1155 is hereby amended to read as follows: "Section 1. Intent. The purpose of this Ordinance is to ensure that persons seeking to buy residential real property or operate a residential care facility are furnished a report of matters of City record pertaining to such property's authorized use, occupancy, zoning classification and existing code violations. This Ordinance is further intended to facilitate the orderly remediation of substandard residential real property. This Ordinance does not provide, and is not intended to provide, for the comprehensive inspection of residential real property." CITY OF CARSON Page 1 ORDINANCE NO. 99-1173U 99-095 990826C738000950ddp02046421 Section 3. Code Amendment. Subsection (f) of Section 5901 (Definitions) of Chapter 9 (Residential Property Report) of Article V (Sanitation and Health) of the Carson Municipal Code is hereby amended to read as follows: "(f) "Agreement" shall mean any agreement providing for the transfer of title or conveyance of ownership in residential real property." Section 4. Code Amendment. Subsection (a) of Section 5902 (Residential property report—required) of Chapter 9 (Residential Property Report) of Article V (Sanitation and Health) of the Carson Municipal Code is hereby amended to read as follows: "(a) No owner of residential real property shall transfer title and/or convey ownership for such property without first providing the prospective buyer with a copy of a valid residential property report for the property." Section 5. Code Amendment. Section 5903 of Chapter 9 (Residential Property Report) of Article V (Sanitation and Health) of the Carson Municipal Code is hereby amended to read as follows: "5903. Same—Application. Applications for a residential property report shall be filed with the Community Development Department on a form provided by the Director. Each application shall indicate whether or not the owner (i) consents to an inspection of the residential real property by City personnel and (ii) has made appropriate arrangements with any affected tenants. No application shall be accepted unless accompanied by an application fee in an amount established by City Council resolution." Section 6. Code Amendment. Section 5904 of Chapter 9 (Residential Property Report) of Article V (Sanitation and Health) of the Carson Municipal Code is hereby amended to read as follows: "5904. Same—Issuance. Upon receipt of a complete application, the Director shall prepare a residential property report based on available City records and an inspection of the residential real property. Residential property reports shall be issued within ten City business days following inspection of the subject property." Section 7. Code Amendment. Section 5905 of Chapter 9 (Residential Property Report) of Article V (Sanitation and Health) of the Carson Municipal Code is hereby amended to read as follows: "5905. Same—Proof of Delivery. Within ten City business days after transfer of title or conveyance of ownership for residential real property, the owner(s) of such property shall file with the Community Development Department written proof that a copy of a valid residential property report for such property has been provided to the buyer. This section may be satisfied by either (i) personal delivery; (ii) facsimile and deposit in the U.S. mail so as to be postmarked within the ten day filing period or (iii) deposit in the U.S. mail so as to be postmarked within the ten day filing period. Such written proof shall be signed and dated by the buyer and shall contain the substance of the following statement: "I hereby acknowledge under penalty of perjury that I have received a copy of the City of Carson's residential property report for the property located at (address) I also acknowledge that the issuance of the report is not a CITY OF CARSON Page 2 ORDINANCE NO. 99-1173U 99-085 990826 c1390 00950 dda 02046421 i representation by the City of Carson that this property is in compliance with all applicable laws." Section 8. Code Amendment. Section 5909 (Remediation of Property) of Chapter 9 (Residential Property Report) of Article V (Sanitation and Health) of the Carson Municipal Code is hereby amended to read as follows: "5909. Remediation of Property. (a) All code violations identified on a residential property report shall be corrected in accordance with the following schedule, unless otherwise authorized by the Director: (i) prior to the transfer of title or conveyance of ownership for such property; (ii) prior to the commencement of a residential care facility on such property; or (iii) for existing residential care facilities renewing a business license, within forty-five days from the issuance of such report. (b) The Director may authorize an extension of the time periods prescribed by this section upon a showing of good cause; provided, however, that in no event shall code violations identified on a residential property report be permitted to remain uncorrected more than one calendar year from the issuance of such report. (c) The buyer of a residential real property may assume responsibility for correcting code violations identified on a residential property report upon a showing to the satisfaction of City staff that such buyer: (i) is capable, financially and otherwise, of making the corrections; (ii) has consented in writing to a compliance schedule; and (iii) has entered into such security agreement or undertaking, if any, as may be required by City staff to ensure that the violations will be corrected within the time permitted by the compliance schedule." Section 9. Code Amendment. Subsection (c) of Section 5910 (Refunds, Fees and Penalties) of Chapter 9 (Residential Property Report) of Article V (Sanitation and Health) of the Carson Municipal Code is hereby amended to read as follows: "(c) Any owner who submits a residential property report application after the transfer of title or conveyance of ownership for the subject property shall pay, in addition to the application fee, a late penalty fee in an amount established by City Council resolution." Section 10. Code Amendment. Section 5911 (Validity of Transactions) of Chapter 9 (Residential Property Report) of Article V (Sanitation and Health) of the Carson Municipal Code is hereby amended to read as follows: "5911. Validity of Transactions. No sale or transfer of title of residential real property or lease of residential real property for a residential care facility shall be invalidated solely because of a failure to comply with this Chapter." Section 11. Code Amendment. Subsection (b) of Section 5913 (Exemptions) of Chapter 9 (Residential Property Report) of Article V (Sanitation and Health) of the Carson Municipal Code is hereby amended to read as follows: CITY OF CARSON Page 3 ORDINANCE NO. 99-1173U 99-085 990826 C1380 00950 aaa 0204642 1 °(b) Mobile homes in mobile home parks, trailers and apartment units on a month-to-month rental or annual lease agreement where land sales are not involved and the use is in compliance with this Code." Section 12. Code Amendment. Subsection (e) of Section 5913 (Exemptions) of Chapter 9 (Residential Property Report) of Article V (Sanitation and Health) of the Carson Municipal Code is hereby amended to read as follows: "(e) Transfers to a mortgagee by a mortgagor in default, transfers to a beneficiary to a deed of trust by a trustor in default, transfers by foreclosure sale after default, transfers by foreclosure sale under default in an obligation secured by a mortgage, or transfers by sale under a power of sale after default in an obligation secured by a deed of trust or another instrument containing a power of sale, except that a subsequent transfer of title or conveyance of ownership by the transferee shall not be exempt from the provisions of this Chapter." PASSED, APPROVED AND ADOPTED this 7"' day of September, 1999. ATTEST: f CITY CLER MA OR APPROVED AS TO FORM: CITY AJIOrORNEY STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 99-1173U was duly and regularly adopted by the City Council of said City on an urgency basis at a regular meeting of said Council, duly and regularly held on the 7th day of September, 1999, and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Mayor Fajardo, Sweeney, Frank, and Ontal NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Calas ABSENT: COUNCIL MEMBERS: None t City Clerk, City of Carson, C ifornia 0TY OF CARSON Page 4 ORDINANCE N . 99-1173U 99-005 990826 C1380 00950 ddv 0204642 1