HomeMy WebLinkAbout1462 - Residential Building RecordsORDINANCE NO. 14 6 2
• AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING CHAPTER 15.35 TO THE NEWPORT BEACH
MUNICIPAL CODE, ENTITLED "REPORT OF RESI-
DENTIAL BUILDING RECORDS"
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The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Chapter 15.35 is added to the Newport Beach
Municipal Code to read:
Section:
15.35.010
15.35.020
15.35.030
15.35.040
15.35.050
15.35.060
15.35.070
15.35.010
"CHAPTER 15.35
REPORT OF
RESIDENTIAL BUILDING RECORDS
Intent.
Definitions.
Report Required.
Application.
Delivery of Report.
Exceptions.
Penalties.
Intent. 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 all parties to a
transaction involving a sale of a residential building within
the City of Newport Beach are 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 purpose of this ordinance that the require-
ment of such a report will reduce violations on existing
parcels of residential property and will prevent violations
in the future.
15.35.020 Definitions. (a) 'Owner' shall mean any
person, copartnership, association, corporation or fiduciary
having legal or equitable title or any interest in any real
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property.
(b) '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.
(c) '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.
15.35.030 Report required. Prior to 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 regularly authorized use, occupancy, and zoning classifica-
tion of such property. Said report shall be valid for a
period not to exceed six (6) months from date of issue.
15.35.040 Application. Upon application of the owner
or his authorized agent and the payment to the city of a fee
of Five and nc /100 Dollars ($5.00), the Community Development
Director shall review pertinent city records and deliver to
the applicant a report of residential building records which
shall contain the following information insofar as it is
available:
(a) The street address and legal description
of subject property;
(b) The zone classification and authorized
use as set forth in this Code;
(c) The occupancy as indicated and established
by permits of record;
(d) Variances, conditional use permits,
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exceptions, and other pertinent legislative acts of record; and
• (e) Any special restrictions in use or
development which may apply to the subject property.
15.35.050 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 consum-
mation 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 Department of Community
Development as evidence of compliance with the provisions of
this Chapter.
15.35.060 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.
15.35.070 Penalties. (a) 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 Section 1.04.010 of the Newport Beach Municipal
Code;
(b) 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 or omission which would be a
valid ground for rescission of such sale or exchange in the
absence of this Chapter."
• SECTION 2. This ordinance shall be published once in the
official newspaper of the City, and the same shall be effective
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30 days after the date of its adoption.
This ordinance was introduced at a regular meeting of the
City
Council
of the
City
of Newport Beach held
on the
day
of
JUL
24 1972
, 1972,
and
was adopted on the
day of
,AUG 2 8
1972
1972, by the following vote, to wit:
ATTEST:
za —ft, L' r.
City Clerk
CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
u G 31 19
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C1
TV OF THE 61TY OF PORT Si
AYES, COUNCILMEN: McInnis, Rogers, Croul,
Dostal, Kymla, Ryckoff, Store
NOES, COUNCILMEN•_ None
ABSENT COUNCILMEN• None
Mayor
DON:mh
• 7/12/72
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