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HomeMy WebLinkAboutOrd 0936A, OP,DINANCE NO. 936 AN ORDIIQANCE APIENDING THE MUNICIPAL CODE OF THE CITY OF BURLINGAD BY ADDING CHAPTER 25.80 (Reports of Residential Building Records) TO TITLE 25 (ZONIr,G)a The City Council of the City of Burlingame does ordain follows: Section 1. The b+unicipal Code of the City of Burlingame is hereby amended by adding a new Chapter 25.80 (Reports of Resi- dential Building Records) to Title 25 (Zoning) which shall read as follows: "CHAPTER 25.80 REPORTS ON RESIDENTIAL BUILDING RECORDS 57_5.80.010. Report required prior to sale or exchange. It shall be unlawful for the owner or his authorized agent to sell or exchange any residential building without first obtaining from the city a report of the residential building re- cord showing the regularly authorized use, occupancy and zoning classifications of such property entitled "Zoning and Building Report" and delivering such report to the buyer or transferee prior to the consummation of the sale or exchange. 525.80.020. Exceptions. (a) 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. (b) If it is intended to demolish the existing structure, nc report shall be required. In lieu o£ a request for a report, the owner or his authorized agent shall submit a signed statement that the structure will be demolished and that any existing use will not be continued beyond the date of transfer. The statement shall be countersign -gid by the potential purchaser. -1- (c) This Chapter shall izot apply to sales in partition; sales under judgment of foreclosure; transfers of realty, or an interest therein, by any partner to a.ny other partner or partners; sales to satisfy any delinquent tax or assessment; sales under power of sale in any mortgage or deed of trust; sales made by any receiver or by a trustee in bankruptcy; sales to which .the govern - t of the United States, or the State of California, or any political subdivision of either, is a party; execution sales; and sales made by any executor, administrator, guardian or conservator upon an increased bid in open court. X25.80.030. Request for Report. A request for the report shall be made by the owner or by the authorized -agent of the owner at least ten (10) days prior to any sale, conveyance or delivery to a successor owner. The request shall be made to the Planning Department of the City on such forms as such department shall provide. §25.80.040. Action of Planning Department. Upon receipt of the request for a report, the Planning Department shall investigate all available city records applying to such property and shall issue the report provided for in �25.II0.010. X25.80.050. Form of Report. (a) The form of the report shall be prepared by the Planning Department and shall include such inf_or_mation as, but not limited to, zoning classification, actual use of- property, condi- tions or use of property not in conformance with zoning regulation illegality of use, if known, and any other applicable information. The form of the report, or any revision thereof, shall be approved by the City Council on motion. Adverse comments may be corrected if it can be shown by satisfactory evidence that such comments are incorrect. (b) The report .shall note that the Building Inspector and the City Planner will make an inspection of the property with the written consent of the ovmer and caill make a report based on such inspections in addition to the information available in the -2- city records. §25.80.060., Liability of City. The city, by its submission of such a report, shall not be liable for errors or omissions which nay result from incomplete records or insufficient inspections. letion and delivery of the report does not imply or represent t the property is in compliance with all laws or ordinances. §25.80.070. Fee for Report. A fee shall be charged for the preparation and delivery of such report to the applicant according to the following schedule: Residential buildings containing one or two dwelling units $ 20.00 or each dcaelling unit over two units 2.50 Inspection and report by Building Official with consent of the owner, at expense of buyer 25.00 §25.80.080. Record to be maintained by city. A duplicate copy of every report prepared shall be filed maintained in the office of the Planning Department. §25.80.090. Expiration date of delivered report. Any report issued pursuant to the provisions of this ter shall be effective for a period of one year from date of issuance and shall then expire." Section 2. Severability. If any section, subsection, 3ivision, paragraph, sentence, clause or phrase of this ordinance, �r any part thereof, is, for any reason, held to be unconstitution �1, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council eby declares that it would have passed each section, subsection subdivision, paragraph, sentence, clause or phrase thereof, ir- respective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be de- clared unconstitutional. -3- Section 3. Publication. This ordinance shall be published as required by law. I.ayor T I, HERBERT K. WHITE, City Clerk o£ the City of Burlingame do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the day of 197,, and adopted thereafter at a regular meeting of the City Council held on the day of 197_; by the following vote: AYES: COUNCILMEN: NOES: COUPdCILMEN: ABSENT COUNCILMEPd: -4-