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ORDINANCE 738ORDINANCE NO. 738 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNICIPAL CODE" BY ADDING THERETO CHAP- TER 16. 38 RELATING TO RESIDENTIAL BUILD- ING RECORDS. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 16. 38, consisting of Sections 16. 38. 010 to 16. 38. 080, both inclusive, is added to Title 16 of the "El Segundo Municipal Code" to read as follows: "CHAPTER 16.38 "REPORT OF RESIDENTIAL BUILDING RECORDS "16. 38. 010 INTENT. Pursuant to Article 6. 5 (commencing with Section 38780), 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 buyer of a residential building within the city is fur- nished a report of matters of city record pertaining to the authorized use, occupancy and zoning classification of real property prior to sale or exchange. "16. 38.020 DEFINITIONS. (1) "Agreement of sale" shall mean any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner; (2) "Owner" shall mean any person, copartnership, associa- tion, corporation or fiduciary having legal or equitable title or any interest in any real property; (3) "Residential building" shall mean any improved real property designed or permitted to be used for dwelling purposes, situated in the city and shall include the building or structures located on said improved real property. "16. 38. 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 regu- larly 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. "16. 38. 040 APPLICATION. Upon application of the owner or his authorized agent and the payment to the city of a fee of five dollars, the Director of Building Safety shall review pertinent city records and deliver to the applicant a report of residential build- ing records which shall contain the following information insofar as it is available: (1) The street address and legal description of the subject property; 44:4. (2) The zone classification and authorized use, as set forth in Title 20 of this Code; (3) The occupancy permitted as indicated and established by permits of record; (4) Variances, conditional use permits and other pertinent legislative acts of record; (5) Any special restrictions in use or development which are recorded in the city records and may apply to the subject property; (6) Any known nonconformities or violations of any ordinance or law. "16.38.050 DELIVERY OF REPORT. The report of residential building records shall be delivered by the owner, or the authorized designated representative of the owner, to 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 and Safety Department, as evidence of compliance with the provisions of this chapter. "16.38.060 PHYSICAL EXAMINATION OF PROPERTY. (1) Upon the verified request of a seller, physical examination of the subject property shall be made by the Building and Safety Department, and a report thereon delivered to said seller. An additional inspection fee of ten dollars shall be charged for such inspection; (2) Unless a physical inspection is made, the report shall include the statement, "No physical inspection has been made. This certificate is based upon existing city records only. " "16. 38. 070 EXCEPTIONS. The provisions of this chapter shall not apply to the first sale of a residential building located in a subdivi- sion 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. "16. 38. 080 REPORT FORMS, TIME LIMIT. (1) The Director of Building Safety 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 ten calendar days of receipt of the application and fee; (2) Should the city fail to deliver, or to attempt to deliver, said report within the aforementioned ten days, the sale, if consummated, shall not be deemed in violation of this chapter. "16.38.090 VIOLATION OF LAW NOT PERMITTED. (1) Any certificate issued pursuant to this chapter shall not constitute authoriza- tion to violate any ordinance or other law regardless of whether the certificate issued pursuant to this chapter purports to authorize said violation or not; (2) No sale or exchange of residential property shall be invali- dated 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 recission of such sale or exchange in the absence of this chapter. " -2- SECTION 2. That this ordinance shall become effective at midnight on the thirtieth day from and after the final passage and adoption thereof. SECTION 3. That the City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen days after the passage and adoption thereof, cause the same to be published once in the El Segundo Herald, a weekly newspaper of general circulation, published and cir- culated within said City of El Segundo and which is hereby designated for that purpose. PASSED, APPROVED and ADOPTED this 13th day of April . 1970. ATTEST: City Clerk (SEAL) -3- 4435 A STATE OF CAOFORMA, COUNTY OF LOS ANGELES, CITY OF EL SEGUNDO, � w,.. 9VNIQ City Clerk of the City of Ei Segurdo, Cal ±fa nia, do hereby ce -tify ti at the whole rvrrber of membe -s of the C'ty Council of the said City is five; 4hot the foregoing a`d-narce, belrg Ordirance Nom 0 7380 0 0 0 , is a f;il, true and coy_ -ect o,Ag-nal of O°di*orce Flo„ ooM, o cf the: said C�ty Of El Segwndoo Coiifcrn'a, entitled-. "AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNICIPAL CODE" BY ADDING THERETO CHAP- TER 16.38 RELATING TO RESIDENTIAL BUILD- ING RECORDS. "; which was duly passed and oclopted by the soul City Council, approved and s'gned by the Mayon of said C ty, and attested by the City Clerk; of said City, a�i at a segolor .meeting of Ohe said Ccuncil held on then. „ .1 M... day of, . a o � .. APIZU , 0 0 , 19-7Q. . , and that the same was so possed and adopted by the following vote-. AYES.- Counc i lrrer, .13,- aravr.. bagel,, oStepbew3. and Mayox Carr: o o ...... NOES- Ccunci mem.._ Frederickaoo o�oo oo 000�000000000000000a�000000000 ABSENT-. CjQunciLruea Norae........ .. o .... ........ ............ I do hereby further certify that piirsuart to the prcvisions of Section 36933 of the Government Code of the State of Calafor°ria, that the foregoing O!-&rrance Nc...M.0 was duly and regularly published according to law and the o. °der of the City Council of sold City 'r the El Segunda Herald, a weekly newspape.° of gererai c'rcuiaticn, printed, published and circulated within the soid) City and that the same was so pub- fished therein on the following date, to wi+o,o 000 ooaoo 000a0000000eoo�oaoo�o�0000000 1,e oho e .o.o o o City Clerk of the City of Ei Segufi,do, California. (SEAL) $ y�. �0000000000000000000000000 o�000a00000ao Deputy 44q 35 -A Affidavit of Publication STATE OF CAU OliNM ) COUNTY OF LOS AXGZLE8) as CITY OF ZL SZGUNDO ) -- -- ---- __.St. i : :r'rQL,:..i.,�-ri_`. ._ being first duly sworn, deposes and says: That he ia, aid at an of the times hereinafter mentioned was, a citizen of the United States of Ameria, over the we of eightem yesrz, and a resident of the County of Loa Angeles, State of California; that he was, at, and during all of the time of the publication of the instrument hereunto attached the — ----- _ r n c �:.1- l e r' - - - - - -- -- - - - - - -- -- Editor of EL SMUNDO EMRAdX). s newspaper of general circulation. published and circulated weedy in the City of El Segundo. in acid County and State; that said newspaper has been so published sad circulated at regular intervals of one week for more than one year immediately preocdiog the publication of the instrument hereunto annexed; that said newspaper )s. and was. at all of the times herein mentioned. s newspaper of general circulation within the meaning of Section 4180 of the Political Code of the State of California; that as provided by said section. said newspaper is published for the dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein referred to, devoted to the interests, or published for the entertainment or instruction of a particular class. profession, trade, nailing, race or denomination, or for any number of such classes, pr ofeasions, trades, callings, races or denominations, and that said newspaper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed or otherwise. of entertaining or instructing such classes, professions. trades, callings, races or denomin- ations, or any of such rinses, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page ........... .numbered hereof in all respects, including subject matter, and size and arrangement of type, is a full true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exaody as published; thsx the same was set and printed in type not smaller than nonpareil and that the body of the sane was preceded with words prhrted in black -face type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order ordinance, resolution or instrument intended to be published, as will appear from an inspection of the said annexed instru- ment; that the ..........le. .S� 1 �7 :.: n �. ._.73. "L.--._........_._.........._........._..........._......_....._......._.-_ ...... ............................... of which the annexed is a printed copy as her+einabove stated, was published and printed in said news- paper at least ........ i1 C week .:1Y Y by -- - - - - -0 Y1- ............... consecutive publication ......... oommenciog on the ........... 2.2...... day of ....... rll ..... .................. ....... A. D...L9.7.Q and ending on the ...........2.2............... day of .. ............................... A. D. 19_..1 97 1�id as often during said time as said newspaper was regu- larly issued, to- wit: _._.. ....... .i ill: yl_. 2Lr -.. �Q -- ..__ .._._._.... -......_.._ ... _._._..................................... Subscribeg_jygd sweet to before me this ..Z ........ clay of ....- _ 711. 4r ...................- --------. A D. -.4. ........ _.. ........................-°-----................................-- City clerk of the City of ffi o. County of Los Angeles, State of California. By--------------------- --- ------ --------------.....---------...----------------------....._..°- Deputy City Cleri of said City.