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Home My WebLink AboutTC Ord 2004-04-21 (3) ORDINANCE NO. 483 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING CHAPTER 13A OF THE MUNICIPAL CODE REGARDING REPORTS OF RESIDENTIAL BUILDING RECORDS Section 1. Findinl!s. WHEREAS, the Town Council has determined that amendments to the Town's existing Municipal Code Chapter 13A regulating Reports of Residential Building Records, commonly known as "residential resale reports", is in need of revision; and WHEREAS, the Town Council has held public hearings on April 7, 2004 and April 21,2004, and has considered any and all public testimony received on this matter; and WHEREAS, all notices and procedures required by law attendant to the adoption of this Ordinance have been followed; and WHEREAS, the Town Council has found that the proposed Town Code revision is consistent with the goals and policies of the Tiburon General Plan and other ordinances and regulations; and WHEREAS, the Town Council has found that the project is exempt from the requirements ofCEQA per Section 15061(b)(3) of the CEQA Guidelines. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Tiburon as follows: Section 2. Amendment. Sections 13A-5, 13A-6, and 13A-8 of the Tiburon Municipal Code are amended to read as follows. Sec. 13A-5. Records Review and Physical Inspection. (a) For each application, the building official shall conduct a review of the Town's building records for the dwelling unit. The records review shall constitute a good faith effort to locate and review relevant records generally limited to those listed in Section 13A-6. Page I of5 Town of Tiburon Ordinance No.483 N. S. Effecfive May 21, 2004 (b) For each application, the building official shall perform a physical inspection of the dwelling unit for compliance with the town's building regulations as adopted in Chapter 13 of this code. The inspection shall constitute a good faith effort to identifY deficiencies, but the scope of inspection is necessarily limited and code deficiencies may exist which are not identified during the inspection. (c) The building official shall make every reasonable effort to complete the inspection and subsequent report within ten (10) working days of the filing date of the application. (d) As part of the required fee for the inspection and report, the building official will perform one re-inspection of corrections at no additional charge. Sec. 13A-6. Issuance of Report. Upon completion of the inspection, the building official shall issue a written report which shall include the following: (a) The date of issue of the report; (b) The street address of the dwelling unit; (c) The date the physical inspection was completed; (d) The current zoning for the property on which the dwelling unit is located; (e) The existing use of the property on which the dwelling unit is located; (1) The authorized use of the property, including any conditional use permits or secondary dwelling unit permits that have a bearing on the authorized use; (g) The occupancy classification pursuant to the Uniform Building Code; (h) A listing of active or pending building permits for the property; (i) A listing of expired building permits for the property, accompanied by a statement that any construction or work done without required permits, inspections, and/or final sign-off may be subject to correction, fees, penalties, and/or abatement under the applicable Uniform Building Code; G) A listing of any outstanding "stop-work" orders and/or "planning holds" placed on the property; (k) A statement that pursuant to section 13-3(d) of this code, "No permit for new work on a property shall be issued until all outstanding fines, fees, or penalties have been paid and all inspections completed on expired incomplete permits"; (1) An itemization of all deficiencies noted in the dwelling unit pursuant to the physical inspection. Deficiencies which are determined by the building official to endanger the health, safety or welfare of the occupants of the dwelling unit or the public shall be listed as "mandatory" and shall be corrected pursuant to section 13A-8. Those deficiencies which the building official determines do not endanger the health, safety or welfare of the occupants ofthe dweIling unit Page 2 of5 Town of Tiburon Ordinance No.483 N S. Effective May 21, 2004 or the public shall be listed as "advisory" and correction, while recommended, shall not be required; (m)The following statement: NOTICE TO PROSPECTIVE PURCHASER: You are hereby advised that the dwelling unit described in this report has been inspected by the Town of Tiburon building official and may have been found to have certain health and/or safety deficiencies, as well as certain expired incomplete building permits, which, if found, are itemized herein. The itemized deficiencies listed as "mandatory" are those which present a serious health or safety concern and must be corrected. In the event deficiencies listed as "mandatory" are not corrected by the seller, you, as the purchaser, will be required to correct said items within thirty (30) days of the date of transfer of ownership, or such other period oftime as may be agreed to by the building official. All expired incomplete building permits should be finalized by the seller prior to transfer of ownership. Any such permits that are not finalized prior to transfer of ownership become the responsibility of the purchaser and must be finalized within thirty (30) days of transfer of ownership, or such other period of time as may be agreed to by the building official. If all such permits have not been finalized within the time period, an administrative citation will be issued and substantial daily penalties will accrue. As part ofthe filing fee for the inspection and report, the building official will perform one re-inspection at no additional charge. Those deficiencies listed as "advisory" do not present serious health or safety concern and correction is recommended but not required. The scope of the physical inspection was necessarily limited and deficiencies may exist which were not identified. The review of building records was a good faith effort but errors or omissions may have occurred. Sec. 13A-8. Correction of deficiencies and finalization of expired permits required by owner or purchaser. (a) All deficiencies identified as mandatory in the report shall be corrected. Work requiring a building permit shall be noted in the report. As part of the fee for the report, the building official shall perform one reinspection of corrections at no additional charge. (b) Mandatory corrective work identified in the report not completed prior to sale or exchange ofthe dwelling unit shall be the responsibility of the purchaser. Such mandatory corrections shall be completed within thirty (30) days of the transfer of ownership ofthe dwelling unit or such longer period of time as may be agreed to by the Page 3 of5 Town ofTiburon Ordinance No.483 N. S. Effective May 2t, 2004 building official. The building official may grant time extensions in appropriate circumstances. (c) All expired incomplete building permits should be finalized by the seller, and all associated fees and fines paid, prior to transfer of ownership. Any such permits that are not finalized prior to transfer of ownership become the responsibility of the purchaser and must be finalized within thirty (30) days of transfer of ownership, or such other period of time as may be agreed to by the building official. If all such permits have not been finalized within the time period, an administrative citation will be issued by the building official and substantial daily penalties will accrue. Section 3. Severabilitv. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Town Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fiLct that anyone or more sections, subsections, phrase or clauses be declared unconstitutional on their face or as applied. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after its passage the same, or its legally required equivalent, shall be published with the names ofthe members voting for and against the same, at least once in a newspaper of general circulation published in the Town of Tiburon. This ordinance was introduced at a regular meeting ofthe Town Council of the Town of Tiburon held on April 7, 2004, and was adopted at a regular meeting of the Town Council of the Town of Tiburon held on April 21, 2004, by the following vote: AYES: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None f~ /,' (~~ ALICE FREDERICKS, MAYOR TOWN OF TIBURON Page 4 of5 Town of Tiburon Ordinance No.483 N. S. Effective May 21, 2004 AITES~ DIANE 'CRANE lACO l, TOWN CLERK PageS of 5 Town of Tiburon Ordinance No.483 N. S. Effee/ive May 2/. 2004