CHAPTER XXIV

COMPLIANCE VERIFICATION

Subject Article

Definitions     01

Residential Compliance Certificate      02

ARTICLE 01

DEFINITIONS

SECTION:

24.01.01: Definitions

24.01.01: DEFINITIONS:

The following words and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them in this Section:

AGENT: Any person performing a service for or in behalf of another person related to the selling or leasing of real property including, but not limited to, realtor, broker, sales agent, escrow officer, lien holder, leasing agent and property manager.

BEDROOM: Any room which is not a kitchen, dining room, living room, family room or bathroom and which is designated as a bedroom or is capable of being used for sleeping quarters, which contains a closet, which has a nearby or adjacent bathroom and which meets the requirements contained in Section 23.02.12 of this Code. Final determination of the identity of any room shall rest with the City Manager or his/her designated representative.

CHANGE OF OCCUPANCY: Any change in the primary occupant using a residential building not resulting from the sale of the property.

CITY CODE: The City Code of the City of San Marino, as it exists or may be amended.

COMPLIANCE CERTIFICATE: The certificate issued by the City verifying that an inspection of the property was performed as required by this Chapter.

INSPECTOR: The person(s) approved by the City to conduct the compliance inspection required by this Chapter.

KITCHEN: A room containing a water source, a sink, and permanently installed means for heating or cooking food.

OCCUPANT: Any person or persons who occupies a building, whether as an owner, tenant or permittee of the owner or tenant.

OWNER: A person having legal title to or interest in any real property in the City.

PERSON: An individual, partnership, corporation or association or the agent of any of the foregoing.

PLANNING AND BUILDING DIRECTOR: The Planning and Building Director of the City of San Marino or his/her designated representative.

RESIDENTIAL BUILDING: Any structure used for or considered a part of living quarters including, but not limited to, houses, guest houses and separate living quarters incorporated into other structures.

SALE: Includes exchange, gift and any transfer of all or any part of title for value.

VISIBLE: Apparent on casual observation of the occupied areas of the structure, without opening walls or moving any furniture, equipment, machinery, wall coverings or floor coverings. (Ord. 944, 1-10-90; Ord. 094-1058, 6-8-94; 1994 Code)

ARTICLE 02 - Back to top

RESIDENTIAL COMPLIANCE CERTIFICATE

SECTION:

24.02.01: Certificate Required

24.02.02: Filing Of Certificate Application

24.02.03: Preparation Of Drawings

24.02.04: Inspection Required

24.02.05: Inspectors

24.02.06: Compliance With Code

24.02.07: Correction Of Violations

24.02.08: Issuance Of Certificate; Contents

24.02.09: Fees

24.02.10: Violations

24.02.11: No Reliance !2R!

24.02.01: CERTIFICATE REQUIRED:

No person, owner or agent shall sell, lease or otherwise permit any residential building which is vacated by the occupant thereof to be reoccupied until the owner has filed an application for a residential compliance certificate, caused an inspection required by Section 24.02.04 of this Article to be performed and submitted a report of said inspection to the Planning and Building Director.

Nothing herein shall require an owner or agent to apply for a residential compliance certificate or cause the inspection to be performed prior to offering property for sale or lease. (Ord. 944, 1-10-1990; amd. 1994 Code)

24.02.02: FILING OF CERTIFICATE APPLICATION:

The owner shall file an application for a residential compliance certificate with the City, prior to the sale or change of occupancy of a residential building on a form to be provided by the Planning and Building Director. The certificate application shall contain not less than the following:

A. The street address of the property.

B. A statement of whether the property is to be sold or leased.

C. A listing of the number of structures on the property and whether the garage is attached or detached.

D. A listing of all rooms on each floor of the residential building.

E. The owner's statement that he/she will cause an inspection of the property to be performed within thirty (30) days as required by Section 24.02.04 of this Article.

F. The signature of the owner and the date.

If the owner fails to perform the inspection within the time required in subsection E of this Section, the City shall obtain an inspection warrant pursuant to section 1822.50 et seq., of the California Code of Civil Procedures and perform the inspection. (Ord. 944, 1-10-1990)

24.02.03: PREPARATION OF DRAWINGS:

An owner filing a certificate application pursuant to this Chapter shall submit a plot plan of the parcel indicating all buildings on the property. The owner shall also submit floor plans indicating the approximate dimensions of each room on each floor of all buildings. Said drawings shall be on sheets of paper measuring eleven inches by seventeen inches (11" x 17").

The submittal of said drawings shall be a requirement for filing the residential compliance certificate application. All drawings so submitted shall not become public records. (Ord. 944, 1-10-1990)

24.02.04: INSPECTION REQUIRED:

An inspection of the residential property shall be required prior to the issuance of a residential compliance certificate. Said inspection shall be performed by an inspector selected by the owner or the owner's agent from the list provided for in Section 24.02.05 of this Article.

Said inspection shall be limited to determination of the following:

A. Conversion of a garage to a use other than storage of vehicles without having provided other legal garage space.

B. Existence of more kitchens or bedrooms than permitted by Code.

C. Visible violations of those sections of Health, Plumbing, Electrical or Building Codes set forth by resolution of the Council.

The inspector shall issue a written and signed inspection report to the Planning and Building Director indicating evidence of any aforementioned items. (Ord. 944, 1-10-1990; amd. 1994 Code)

24.02.05: INSPECTORS:

The City shall make available a list of persons authorized to conduct the compliance inspection required in Section 24.02.04 of this Article.

Any person may make application to the City to be included on the list of authorized inspectors. Said application shall be on a form provided by the City. The Planning and Building Director and City Engineer shall approve those persons to be included on the list based on criteria developed by the Planning and Building Director and City Engineer. (Ord. 944, 1-10-1990; amd. 1994 Code)

24.02.06: COMPLIANCE WITH CODE:

The City Planning and Building Director shall determine if any of the items identified on the inspection report provided for in Section 24.02.04 of this Article are violations of this Code. The Planning and Building Director shall submit all violations and the required corrective actions to the owner in writing. (Ord. 944, 1-10-1990)

24.02.07: CORRECTION OF VIOLATIONS:

The owner shall cause all violations identified in Section 24.02.06 of this Article to be corrected within six (6) months of receiving notification from the Planning and Building Director or which may be extended by the City for good cause. The owner shall pay for and obtain all necessary permits and comply with any other City procedures and pay any fines required by this Code prior to taking action to correct the violations.

Should the property be sold prior to correction of the violations and issuance of the residential compliance certificate, the owner of record at the time of the inspection and the owner's agent shall provide the new owner with a copy of the notice of violations prior to said sale. The new owner shall correct the violations in the time required herein.

Should an owner sell property without filing an application causing the inspection to be performed or providing a copy of the notice of violations to the new owner, the City shall inform the new owner of the prior owner's failure to comply with this Chapter. The new owner shall file an application for a residential compliance certificate within thirty (30) days of receipt of the notice and cause the inspection to be performed within the time limit provided for in the application. If the new owner fails to submit the application or cause the inspection to be performed, the City shall obtain an inspection warrant pursuant to section 1822.50 et seq., of the California Code of Civil Procedures and perform the inspection required by Section 24.02.04 of this Article. The new owner shall correct the violations, if any, within six (6) months of receipt from the City of a report of violations. The City would thereupon issue a residential compliance certificate.

Any person failing to correct the violations as required herein shall be guilty of a misdemeanor or infraction, as determined by the City Prosecutor. (Ord. 944, 1-10-1990; amd. 1994 Code)

24.02.08: ISSUANCE OF CERTIFICATE; CONTENTS:

The Planning and Building Director shall issue a residential compliance certificate if no violations were found pursuant to Section 24.02.04 of this Article, or if required corrections were performed pursuant to Section

24.02.07 of this Article. Said certificate shall contain the following:

A. The street address of the property.

B. The date on which the certificate is issued.

C. The signature of the Planning and Building Director.

Certificates issued by the City shall be valid for a period of two (2) years from the date of issue or until the property is sold, provided, that no changes have been made to the property. (Ord. 944, 1-10-1990)

24.02.09: FEES:

The City shall charge no fees for filing an application or for issuing a residential compliance certificate. (Ord. 944, 1-10-1990)

24.02.10: VIOLATIONS:

Any person violating any provision of this Article shall be guilty of a misdemeanor unless the violation is prosecuted as an infraction, as determined by the City Prosecutor.

Any inspector on the list provided for in Section 24.02.05 of this Article who fails to report violations of the items contained in Section 24.02.03 of this Article shall be removed from said list and shall be ineligible for consideration to be reinstated to said list for a period of three (3) years. (Ord. 944, 1-10-1990; amd. 1994 Code; Ord. 097-1114, 10-8-1997)

24.02.11: NO RELIANCE:

Issuance of a residential compliance certificate shall not be used or relied upon by any person including, but not limited to, any owner, tenant, buyer, agent or occupant, for any of the following:

A. As evidence or proof that the improvements or any portion thereof comply with any building, safety, zoning or other laws or ordinances.

B. To meet any of the disclosure obligations of the laws of the State with respect to the construction, use, occupancy or transfer of real property, including, but not limited to, the provisions of article 1.5, chapter 2, title 4, part 4 of division 2 of the California Civil Code (section 1102 et seq.).

C. As evidence or proof that the property or structures are safe or free from hazards or Code violations.

D. As evidence or proof in connection with any claims or actions against the City for failure to identify violations.

E. As a defense to a challenge by the City or any person to the legality of any construction or use of property.

F. To prevent enforcement of other provisions of this Code or State law. (Ord. 944, 1-10-1990; amd. Ord. 097-1114, 10-8-1997)

Back to top of page

Back to Main Code Page