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HomeMy WebLinkAboutTC Ord 1970-06-15 (2) AFFIDAVIT STATE OF CALIFORNIA COUNTY OF MARIN CITY OF TIBURON ) ) ) S8 PHIL V. SCOTT, being first duly sworn deposes and says: That at all times herein mentioned he was and now is the DEVELOPMENT ADMINISTRATOR of the City of Tiburon, California; that pursuant to Section 36933 of the Government Code, of the State of California, he posted at three public places within the City of Tiburon to wit: the City Hall 80 Main Street, Tiburon Fire Department 1679 Tiburon Blvd. and Tiburon Fire Department, Trestle Glen Blvd. and Paradise Drive C!JrclH"C4~'e: ~ 1-CJ I-1,S. J2blo.J-l~ J.o ~pcr4-$ '1 as."t~",k.., Bid, ~ 126-€ I)~b a copy of which is hereinafter set forth in the form attached hereto. , Said ((Jtd'Yltll'1C& was posted on the aforementioned places in the City of Tiburon on the I~ ~day of J t,J",~ , 19 '0 · ~~ Development Administrator of the City of Tiburon Subscribed and sworn to before me, a City Clerk in and for said County and S~tate on the~=~tl day of _'__ 19 7lJ - ~:L~ ORDINANCE NO. 49 N. S. AN ORDINANCE OF THE CITY OF TIBURON, ADDING CHAPTER l3A TO TITLE IV OF THE TIrlURON CITY CODE, RELATING TO THE REPORTS OF RES IDENTIAL BUILDING RECORDS. The City Council of the City of Tiburon does ordain as follows; Section 1. Amendment of Code. Chapter l3A is hereby added to fitle IV of the Tiburon Municipal Code to read as follows: "Chapter l3A. Report of Residential Building Records. Section l3A-l. 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 Council to assure that the g,rantee of a residential building within the City is furnished a report of matte~s 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 protect the unwary buyer of residential property against undisclosed restrictions on the use of the ' property. Section l3A-2. Definitions. (a) "Owner" shall mean any person, copartner- ship, association, corporation or fiduciary having legal or equitable title or any interest in any real 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 owne+. Section l3A-3. Report Required. Prior to entering into an "agreement of sale" or exchange of any residential b~ilding, the owner 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 three (3) months from date of issue. Section 13A-4. Application. Upon application of ~he owner and the paymentto the city of a fee of Fifteen ($15.00) Dollars, the Development Administrator shall review pertinent city records and inspect the premises in qu~stion. Upon completion of the review and the inspection, he shall ~eliver a report to the buyer which shall contain the following information: (a) The street address or other appropriate description of subject property; (b) A parcel drawing of subject property, which may be a reproduction of a po+tion of the maps of the ~ssessor of the County of ~arin; By Draft Date: 3/11/70 1. (c) A statement of the zoning classifi- cation applicable to the property in question, together with a summary of the uses permitted within that zone; (d) A statement of the variances and use permits, if any, granted to that property, together with the conditions and restrictions of such permits; (e) A statement as to whether any construction, electrical, plumbing, or comfort heating building permits have been issued for work not yet completed on those premises; (f) A statement as to whether there appears to be any non-conformity or illegality in the structures on the property or the uses being made thereof. Section 13A-5. Delivery of Report. The report of residential building record shall be delivered by the owner to the buyer or transferee of the residential buildin5 prior to the consummation 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 by the owner to the Development Administrator, as evidence of compliance with the provisions of this Chapter. Section 13A-6. Extension Endorsement. Upon request of the owner prior to the expiration of the three (3) month p~riod referred to in Section 13A-3, the Development Administrator may issue an endorsement to said report, extending its validity for one additional three (3) month period, showing any changes to the information shown on the original report. There shall be no fee for the issuance of the endorsement. Section 13A-7. Exce~tions. The provisions of this Chapter shall not apply to the f1rst sale of a residential buildin~ 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. Section 13A-8. 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 1-7 qf this 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 l3A-9. Non-Liability of City. Neither the enactment of this ordinance nor the preparation and delivery of any report required hereunder shall impose any 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." Section 2. Separability. If any section, provision, By Draft Date: 3/11/70 2. sentence, clause or phrase or this ordinance is, for any reason, declared to be invalid, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this ordinance, it being the intent of the City Council of the City of Tiburon that this ordinance shall Stand notwithstanding the invalidity of such section, sentence, clause or phrase. Section 3. Effective Date. This ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circu- lation published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on following vote: June 15 , 1970, by the AYES: NOES: ABSENT: COUNCILMEN: COUNCILNEN : COUNCILNEN: Becker, Sennett, Rice Ellinwood 2 MaY~CitY of Tiburon Fanning ATTEST: ~_/-~~ LAWRENCE D. ROSE, City C erk By Draft Date: 3/11/70 3.