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.
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(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
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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.
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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:
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