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HomeMy Public PortalAboutOrd. 1280. , ....,• , 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; -2- 3409k/1269-00 >.'.•~ (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 -3- 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 -4- 3409k/1269-00 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