Pursuant to Article 6.5 (commencing with section 38780), Chapter 10, 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 grantee of a residential building within the city is furnished a report of matters of city record pertaining to the authorized use, occupancy and zoning classification of real property prior to sale or exchange. It is the further intent to assist in the protection of the buyer of residential properties against undisclosed restrictions on the use of the property.

(Ord. No. 690, pt. 1, 8-21-06)

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.

Director shall mean the community development director or designee.

Owner shall mean any person, co-partnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property.

Residential property shall mean any improved real property designed, used or permitted to be used for dwelling purposes, situated in the city and shall include the building or structure located on said improved real property.

Residential property report shall mean a report issued by the city describing the zoning of a subject residential property, the number of dwelling units currently permitted pursuant to the zoning and other information relative to the use, occupancy and construction of said property.

(Ord. No. 690, pt. 1, 8-21-06)

Within three (3) business days of executing an agreement of sale or exchange of any residential property, the owner or his authorized representative shall obtain from the city a report of the residential building record showing the regularly authorized use, occupancy and zoning classification of such property. Said report shall be valid for a period not to exceed six (6) months from date of issue.

(Ord. No. 690, pt. 1, 8-21-06)

Upon application of the owner, or his authorized agent, and the payment to the city of a fee as adopted by the city council, the pertinent city records shall be reviewed, and an on-site inspection made of the property and the improvements thereon (including an interior inspection of the premises with the permission of the property owner) and a report of residential building records shall be delivered to the applicant which may contain the following information insofar as it is available:

(a)

The street address and assessor number;

(b)

The use permitted as indicated and established by permits of record;

(c)

A statement of the zoning classification applicable to the property in question;

(d)

The number of units that are permitted under the current zoning classification;

(e)

A statement of the variances and use permits of record, if any, granted to that property, together with the conditions and restrictions of such permits;

(f)

A statement as to whether there exists, or appears to exist, any illegality or permitted nonconformity in the structures on the property or the uses made thereof;

(g)

Should the present use of the property and the use authorized by zoning ordinances in effect at the time of inspection disclose an apparent violation of the zoning ordinance, and the use which constitutes the apparent violation was not constructed pursuant to a building permit as noted in the records of the community development department, such finding shall be noted on the report of residential building records.

Errors or omissions in said report shall not bind or stop the city from enforcing any and all building and zoning codes against the seller, buyer and any subsequent owner. Said report does not guarantee the structural stability of any existing building nor does it relieve the owner, his agent, architect or builder from designing and building a structurally stable building meeting the requirements of adopted building, plumbing and electrical codes. If consent is not given by the owner for inspection and/or reinspection of the residential property, the report shall indicate the owner refused consent to the inspection/reinspection.

(Ord. No. 690, pt. 1, 8-21-06)

If the owner consents, the city shall perform a physical inspection of the residential property and shall include in the residential property report evidence of building or zoning code violations observed during the inspection, the correction of those violations as determined by any reinspection, and any failure or refusal of owner to permit a reinspection and the correction of those violations as determined by reinspection, if any. If the owner does not consent, the city may conduct an inspection of the exterior portion of the residential property visible from the public right-of-way.

(Ord. No. 690, pt. 1, 8-21-06)

All code violations identified on a residential property report shall be corrected in accordance with the following schedule, unless otherwise authorized by the director prior to the execution of a sale agreement for such property.

The director may authorize an extension of the time period 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 ninety (90) days from the issuance of such report.

(Ord. No. 690, pt. 1, 8-21-06)

The report shall expire, and may not be used for the purpose of compliance with section 11.1.59.05, six (6) months after issuance.

(Ord. No. 690, pt. 1, 8-21-06)

The report of residential building record 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 therefore as furnished by the city, and said receipt shall be delivered to the city, as evidence of compliance with the provisions of this chapter.

(Ord. No. 690, pt. 1, 8-21-06)

(a)

The provisions of this chapter shall not apply to the first sale of a residential building located in a subdivision the final map for which has been approved and recorded in accordance with the Subdivision Map Act.

(b)

Residential report of building records shall not be required when exchange of real property is between immediate members of a family.

(c)

Condominiums shall be required to have one (1) residential report of building records per structure which is valid for one (1) year. Interior inspections of condominiums may be requested and a prescribed fee will be charged for each unit inspected.

(Ord. No. 690, pt. 1, 8-21-06)

The issuance of the residential building record report is not a representation by the city that the subject property or its present use is or is not in compliance with the law. Neither the enactment of this chapter nor the preparation of and delivery of any report required hereunder shall impose a liability upon the city for any errors or omissions contained in said report, nor shall the city bear any liability not otherwise imposed by law.

(Ord. No. 690, pt. 1, 8-21-06)

Anyone in violation of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided by the provisions of Article 70 of the Municipal Code of the City of Lomita.

No sale or exchange of residential property shall be invalidated 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 rescission of such sale or exchange in the absence of this chapter.

(Ord. No. 690, pt. 1, 8-21-06; Ord. No. 733, § 2(pt. 2), 9-7-10)