ORDINANCE 888ORDINANCE NO. 888
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING CHAPTER 16.38 OF
'THE "EL SEGUNDO MUNICIPAL CODE" WHICH
CHAPTER RELATES TO RESIDENTIAL PROPERTY
iREPORTS.
'THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 16. 38 of the "E1 Segundo Municipal Code"
is amended to read as follows:
"CHAPTER 16.38
RESIDENTIAL PROPERTY REPORT
"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
furnished a report of matters pertaining to the authorized use, occu-
pancy and zoning classification of the property and nonconformities
or violations of law prior to sale or exchange.
"16. 38. 020 DEFINITIONS. (1) '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 owner.
"(2) 'Owner' means any person, copartnership, association,
corporation or fiduciary having legal or equitable title or any inter-
est in any real property.
"(3) 'Residential building' means 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 or before the time of
entering into an agreement of sale or exchange of any residential
building, th owner or his authorized representative shall obtain
from the' .city either a Residential Property Report (Exterior Inspec-
tion Only) pursuant to Section 16. 38. 040 of this Chapter or a Resi-
dential Property Report (Exterior and Interior Inspection) pursuant
to Section 16. 38. 045 of this Chapter.
" 16. 38. 040 REPORT REQUIRED -- EXCEPTIONS. Notwith-
standing the provisions of Section 16. 38. 030, no Residential Property
Report (Exterior Inspection Only) or Residential Property Report (Ex-
terior and Interior Inspection) shall be required in the following invol-
untary-sales:
(1) Sales upon execution pursuant to a judgment issued by any
court of competent jurisdiction;
(2) Foreclosure sales pursuant to a mortgage or deed of trust;
(3) Tax sales or foreclosure of improvement bond sales sold by
a public officer in accordance with the tax laws of the United States or
any instrumentality of this state.
4 c1 ?;�
"16.38.050 APPLICATION -- RESIDENTIAL PROPERTY
REPORT (EXTERIOR ONLY) -- FIFTEEN DOLLAR FEE. Upon
application of the owner or his authorized agent and the payment
to the city of a fee of fifteen dollars, the Director of Building Safety
shall review pertinent city records, make an exterior inspection
of the property and the improvements thereon, and deliver to the
applicant a Residential Property Report (Exterior Inspection Only)
which shall contain the following information insofar as it is avail-
able:
(1) The street address and legal description of the subject
property;
Code;
(2) The zone classification as set forth in Title 20 of this
(3) The occupancy authorized 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 violation of any ordinance or law known to the Director
of Building Safety or any of the following nonconformities or violations
of law as revealed in an exterior inspection of the property:
A. STRUCTURAL HAZARDS:
1. Deteriorated, undermined, or no foundation;
2. Deteriorated, or undersized vertical support members;
3. Deteriorated, undersized or overspaced horizontal mem-
bers (beams, headers, rafters, joists and planks);
4. Unprotected wood members in contact with, or within six
inches of the earth;
5. Absence of screening and underfloor or attic vents;
6. Inadequate fire resistive construction.
B. PLUMBING HAZARDS:
1. Improper water heater installation;
2. Improper water heater vent installation;
3. Improper waste connections;
4. Improper gas line piping;
5. Improper heating vent installation;
6. No trap or improperly installed trap;
7. Unsanitary or improperly installed waste line.
C. ELECTRICAL HAZARDS:
1. Service equipment overload;
2. Dangerous or improper electrical wiring;
3. Lack of insulation on wiring;
4. No ground fault protection;
5. Dangerous or improper electrical equipment;
6. Inadequate service overhead clearance to structures;
7. Inadequate service overhead clearance to earth.
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D. IMPROPER CONSTRUCTION:
1. Patio roof;
2. Patio enclosure;
3. Lath structure;
4. Room addition;
5. Room conversion;
6. Accessory structure.
E. USE /OCCUPANCY:
1. Side yard encroachment;
2. Minimum lot coverage requirement exceeded;
3. Land use not permitted by ordinance;
4. Occupancy not permitted by ordinance.
F. HEALTH AND SANITATION:
1. Polluted or contaminated fish ponds, wading pools and
swimming pools;
2. Inadequate swimming pool protection;
a. Lack of required fencing;
b. Lack of self - closing and self- latching gate.
G. FIRE HAZARDS:
1. Accumulation of debris, brush, rubble, or other
such combustibles.
"16.38.060 APPLICATION -- RESIDENTIAL PROPERTY
REPORT (EXTERIOR AND INTERIOR INSPECTION) -- THIRTY
DOLLAR FEE, Upon application of the owner or his authorized
agent and the payment to the city of a fee of thirty dollars, the
Director of Building Safety shall review pertinent city records,
make an on -site interior and exterior inspection of the property
and the improvements thereon and deliver to the applicant a
Residential Property Report (Exterior and Interior Inspection)
which shall contain the following information insofar as it is
available:
(1) The street address and legal description of the subject
property;
(2) The zone classification as set forth in Title 20 of this
Code;
(3) The occupancy authorized 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 violation of any ordinance or law known to the Director
of Building Safety, or any of the following violations of law as revealed
in an exterior and interior inspection of the property:
A. STRUCTURAL HAZARDS:
1. Deteriorated, undermined, or no foundation;
2. Deteriorated or undersized vertical support members;
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3. Deteriorated, undersized or overspaced horizontal mem-
bers (beams, headers, rafters, joists, and planks);
4. Unprotected wood members in contact with, or within six
inches of the earth;
5. Absence of screening and underfloor or attic vents;
6. Improper fire separation of garage to dwelling;
7. Inadequate fire resistive construction;
8. Inadequate light or ventilation;
9. Removal of bearing wall without adequate support to
horizontal members;
10. Addition of bearing wall without proper founda-
tion support.
B. PLUMBING HAZARDS:
1. Improper water heater installation;
2. Improper water heater vent installation;
3. Improper waste connection;
4. Improper gas line piping;
5. Improper or no heating installation:
a. No combustion air;
b. Improper vent or lack of circulative air;
c. Gas fired heating installation in rooms used
for sleeping purposes or in bathrooms;
6. Cross connections:
a. No anti - syphon ball cock in water closet tank;
b. Improper dishwasher connection;
c. Lack of required air gap;
d. No trap or improperly installed trap;
e. Unsanitary or otherwise improperly installed
waste line.
C. ELECTRICAL HAZARDS:
1. Service equipment v overload; wiring;
2. Dangerous or improper
3. Lack of insulation on wiring;
4. No ground fault protection;
5. Dangerous or improper electrical equipment;
6. Inadequate overhead clearance to roof;
7. Inadequate overhead clearance to ground.
D. IMPROPER CONSTRUCTION:
1. Patio roof;
2. Patio enclosure;
3. Lath structure;
4. Room addition;
5. Room conversion;
6. Accessory structure .
E. USE/OCCUPANCY:
1. Side yard encroachment;
2. Minimum lot coverage requirement exceeded;
3. Land use not permitted by ordinance;
4. Occupancy not permitted by ordinance.
F. HEALTH AND SANITATION:
1. Polluted or contaminated fish ponds, weding pools and
swimming pools;
2. Inadequate swimming pool protection:
a. Lack of required fencing;
b. Lack of self - closing and self- latching gate.
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G. FIRE HAZARDS:
1. Accumulation of debris, brush, rubble, or other com-
bustible matter.
"16.38.070 INTERIOR INSPECTION UNACCOMPLISHED - -TEN
DOLLAR REFUND. In the event the interior inspection cannot for any
reason be accomplished within the time required by Section 16. 38. 100
and the applicant has not agreed to an extension of the time for such
report, the Director of Building Safety shall deliver only a Residential
Property Report (Exterior Inspection Only) and shall refund the sum of
ten dollars to the applicant.
"'16. 38.080 DELIVERY OF REPORT. The Residential Property
Report (Exterior Inspection Only) or the Residential Property Report
(Exterior and Interior Inspection) 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 consum-
mation of the sale or exchange. The buyer or transferee shall exe-
cute 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. 090 EXCEPTIONS. The provisions of this Chapter
shall. not apply to the first sale of a residential building 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.
"16.38. 100 REPORT FORMS - -TIME LIMIT. (1) The Director
of Building Safety shall prepare standardized forms for the Residential
Property Report (Exterior Only) or the Residential Property Report
(Exterior and Interior Inspection). Either of said reports shall be de-
livered to the owner, or his authorized agent within ten calendar days
of receipt of the application and fee; delivery may be by first class
mail, certified mail, registered mail, hand delivery or such other
form of delivery as directed by the owner or his authorized agent.
When delivery is by mail, delivery shall be complete upon deposit of
the Residential Property Report (Exterior Inspection Only) or the
Residential Property Report (Exterior and Interior Inspection) in the
United States mail.
"(2) Should the city fail to deliver, or to attempt to deliver,
either of said reports within the aforementioned ten days, the sale, if
consummated, shall not be deemed in violation of this Chapter.
"16.33.110 VIOLATION OF LAW NOT PERMITTED. (1) Any
report issued pursuant to this chapter shall not constitute authoriza-
tion to violate any ordinance or other law regardless of whether the
report issued pursuant to this Chapter purports to authorize said vio-
lation 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 recision of such sale or exchange
in the absence of this Chapter. "
SECTION 2. This ordinance shall become effective at midnight on
the thirtieth day from and after the date of the final passage and adoption thereof.
SECTION 3. 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 ordi-
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:
I `' s
nances 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 E1 Segundo Herald a weekly newspaper of general circula-
tion published and circulated within said City of El Segundo, and which is here-
by designated for that purpose.
PASSED, APPROVED AND ADOPTED this 18th day of Novem-
ber , 1975.
ATTEST:
(SEAL)
City Clerk
4e z &0-
Mayor o t e ity o EI Segundo, California.
0
y y;1
)
STATE OF CALIFORNIA SS
COUNTY OF LOS ANGELES
CITY OF EL SEGUNDO of El Segundo,
BUR�O.wF'S ...... , City Clerk of the City
I, VAI�ERIE , A-. :.
' ' ' � whole number of members of the City Council
California, do hereby certify that the Ordinance No. •8$
that the foregoing ordinance, being y of
of the said City is five; of the said City
is a full, true and correct original of Ordinance No.
El Segundo, California, entitled:
AN ORDINANCE OF THE ING CHAPTER SEGUNDO 38 OF
CALIFORNIA, AMENDING CODE" WHICH
THE EL SEGUNDO
CHAPTER RELATES TO RESIDENTIAL PROPERTY
REPORTS.
d adopted by the said City Council, approved and signed
which was duly p assed an the City Clerk of said City, all at a
y November, . ,
by the Mayor' of said City, and attested by 18th day of .. • . • • • • • '
regular meeting of the said Counc�lheld so passed and adopted by the following vote:
and that the same
19..75...... Nadel, StePhensa ................ ° ....... .
AYES: Councilmen . • ° Van Vranken and Mayor,Balmer:. , , , , , ° • ° .
..
Rockhold ...................... ° ° °. °.°
NOES: Councilmen
None ° . ........... . • _ ° • ° ° ° °
ABSENT: ................ .
hereby further certify that pursuant to the provisions of Ord Ordinance
33
I do h Y that the foregoing
of the Government Code of the State of California,
888 , , was duly and regularly published according to law and the order of
No. ...... newspaper of
the City Council of said City in the El Segundo Herald, W1 hen said City and that the
printed published and circulated i �, . � � .� �o ° . ° ° • • . °
general circulation, p ° • • ° •
same was so published therein on the following date, to wit: .
City Clerk of the City of El Segundo, California
(SEAL) By ............ • Deputy .
.. . . ° ° ....... ° .