HomeMy Public PortalAboutOrd. 1280. ,
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ORDINANCE NO. 1280
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD ADDING CHAPTER 9 ENTITLED "REPORT
OF REAL PROPERTY RECORDS" TO THE MUNICIPAL
CODE AND DELETING CHAPTER 27 1/2; SECTIONS
27 1/2-46, 27 1/2-47 and 27 1/2-48 THEREFROM
The City Council of the City of Lynwood DOES HEREBY ORDAIN
as follows:
Section 1. Chapters 27, Sections 27 1/2-46, 27 1/2-47 and
27 1/2-48, shall be deleted in their entirety.
Section 2. Chapter 9 is hereby added to the Lynwood
Municipal Code as follows:
Chapter 9
REPORT OF REAL PROPERTY RECORDS
Sections:
9.01 Intent.
9.02 Definitions.
9.03 Report Required.
9.04 Application.
9.05 Delivery of Report.
9.06 Nonliability of the City.
9.07 Extension .Endorsement.
9.08 Exemptiohs.
9.09 Penalties.
9.01 Intent. Pursuant to Article 11, Section 7, of
the Constitution of the State of California, it is the
intent of the City Council to assure that the grantee of
real property within the City is furnished a report of
matters of City record pertaining to any delinquent City
utility charges and the authorized use, occupancy and
zoning classification of real property prior to sale or
exchange. It is the further intent to protect the unwary
buyer of residential property against undisclosed
restrictions on the use of the property.
9.02 Definitions.
(a) "Agreement of sale" means any agreement or
written instrument which provides that title to any property
shall thereafter be transferred from one owner to another.
(b) "Owner" means any person, co-partnership,
association, corporation or fiduciary having legal or
equitable title to or any interest in any real property.
(c) "Real property" means any improved or
unimproved real property zoned or used for dwelling
purposes, situated in the City, and includes the buildings
or structures, if any, located on the real property.
9.03 Report Required. Prior to entering into any
agreement of sale or exchange of any real property, the
owner or his authorized representative shall obtain from
the City a real property report showing any delinquent City
utility charges and the regularly authorized use, occupancy
and zoning classification of such property. This report
shall be valid for a period not to exceed four months from
the date of issue.
9.04 Application. Upon application of the owner and
the payment to the City of a fee in an amount as
established by a resolution of the City Council, the
Director of Community Development shall review pertinent
City records. Upon completion of review, the Director of
Community Development shall deliver a report to the buyer
which shall contain the following information:
(1) The street address or other appropriate
description of the subject property;
(2) A parcel drawing of the subject property,
which may be a reproduction of a portion of the maps
of the assessor of Los Angeles County;
(3) A statement of the zoning classification
applicable to the subject property, together with a
summary of the uses permitted within that zone, and
any other pertinent material or record relating to
the property;
(4) A statement of the variances and use
permits, if any, granted to the subject property,
together with the conditions and restrictions of such
permits;
(5) A statement as to whether any
construction, electrical, plumbing or comfort heating
building permits have been issued for work not yet
completed on the subject property;
(6) A statement as to whether there appears to
be any nonconformity or illegality in the structures
on the subject property or the uses being made
thereof;
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>.'.•~
(7) A statement as
parcel is recognized as a
and whether or not it is a
City regulations; and
to whether or not the
separate lot by the City,
legal building site under
(8) A statement as to whether or not there are
delinquent City utility charges on the subject
property.
9.05 Delivery of Report. The report of real
property records shall be delivered by the owner, or the
authorized and designated representative of the owner, to
the buyer or transferee of the real property prior to the
consummation of the sale or excahnge. The buyer or
transferee shall execute a receipt therefor as furnished by
the City and the receipt shall be delivered to the
Community Development Department as evidence of compliance
with the provisions of this chapter.
9.06 Nonliability of the City.
enactment of the ordinance codified in
preparation and delivery of any report
shall impose any liability upon the Ci
omissions contained in the report, nor
any liability not otherwise imposed by
Neither the
this chapter nor the
required hereunder
~y for any errors or
shall the City bear
law.
9.07 Extension Endorsement. Upon request of the
owner prior to the expiration of the four-month period, the
Department of Community Development may issue an
endorsement to the report, extending its validity for one
additional three-month period, showing any changes to the
information shown on the original report. There shall be
no fee for the issuance of the endorsement.
9.08 Exemptions. The provisions of this chapter shall not
apply to the first sale of a commercial and residential
building or vacant lot 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.
9.09 Penalties.
(a) Anyone in violation of the provisions of
this chapter is guilty of a misdemeanor and upon conviction
thereof is punishable as provided by the provisions of
Sections of this Code.
(b) No sale or exchange of real property shall
be invalidated solely because of the failure of any person
to comply with any provisions of this chapter, unless such
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3409k/1269-00
failure is an
for rescission
this chapter.
act or omission which would be valid ground
of such sale or exchange in the absence of
Section 3. Severability. If any section, subsection,
subdivision, sentence, clause, phrase or portion of this
Ordinance, or the application thereof to any person or place,
is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
ordinance or its application to other persons or places.
The City Council hereby declares that it would have adopted
this Ordinance, and each section, subsection, subdivision,
sentence, clause, phrase or portion thereof, irrespective of
the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases or portions, or the
application thereof to any person or place, be declared invalid
or unconstitutional.
First read at a regular meeting of the City Council of said
City held on the 7th day of October 1986, and finally
ordered published at a regular meeting of said Council held on
the 2lstday of October 1986.
AYES: COUNCILPERSON BYORK, MORRIS, WELLS, IIENNING
NOES: NONE
ABSENT: NONE
~~ _ ~~J
Robert Henning, M r
ATTEST:
/fir yZb~'C~C' // e' ~~
Andrea Hooper, City Jerk
~P\~ AS T~ CONTENT: APP D AS TO FORM:
w ~~
Charles G. Gomez E. Kurt Yeager
City Manager ~ General Counse
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STATE OF CALIFORNIA )
ss.
COUNTY OF LOS :'~vGELES ).
I, ahe undersigned, City Clerk of the City of
Lynwood, and ex-officio clerk of the Council of said City, '
do hereby certify that the above is a true and correct copy
of Ordinance No. 1280 adopted by the City Council of the
City of Lynwood, and that the same was passed on the date
and by the vote therein stated.
DATED this 24th day of October ~ 19 86
c~ty~ ,
City of Lynwood