|Garage Resale Ordinance|
Ordinance No. C-6651
18.76.010 Intent & Purpose
It is the intent of the City Council to assure that all parties to a transaction involving a sale of a residential building within the City of Long Beach within areas designated by City Council as parking-impacted areas are furnished a report on the availability of legally required off-street parking spaces. It is the purpose of this ordinance that the requirement of such a report will reduce violations on existing parcels of residential property and will prevent violations in the future.
A. "Owner" shall mean any person, co-partner 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 trasferred from one owner to another owner.
D. "Common parking" shall mean any parking facility serving more than one dwelling unit with a common entrance and a common exit.
18.76.030 Report or Exemption Certificate Required
Upon entering into an agreement of sale or exchange of any residential building in a parking-impacted area, as such an area or areas may be designated from time to time for the purposes of this Chapter 18.76 by resolution of the City Council, unless excluded by Section 18.76.085, the owner or his authorized representative shall obtain from the City a report setting forth the legally required off-street parking for such property and a statement as to its availability or lack of availability, or an exemption certificate. The report shall specifically identify any off-street parking spaces which should be used for vehicle parking but are not available for such use because of illegal conversion to another use, on any physical condition which prohibits the use of such spaces for normal parking of an automobile. Sai report or exemption certification shall be valid for a period not to exceed six months from date of issue.
Upon application of the owner or his authorized agent and accompanied by a fee, or a fully executed letter/agreement authorizing payment out of escrow, in or of an amount esstablished by the City Council by resolution, the Director of Planning and Building shall review pertinent City records, cause an on-site inspection of the property as provided by Section 18.76.050, and deliver to the applicant a report on the availability of legally required off-street parking.
In addition to the information supplied in Section 18.76.040, the Director of Planning and Building shall cause a physical inspection of the subject property or, should entry be refused, the Director of Planning and Building shall indicate on said report that entry was refused.
Any unlawful condition relating to the use and maintenance of off-street parking spaces shall be cited by the inspector. Such condition shall be brought into compliance within ninety days of said citation, or within sixty days of close of escrow, whichever comes first. If such compliance is not obtained, formal enforcement proceedings shall be prosecuted as provided by law.
18.76.070 Delivery of Report
The report on the availability of legally required off-street parking prepared pursuant to Section 18.76.030 shall be delivered by the owner or the authorized designated representative of the owner to the buyer or transferee of the residential building proper 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 to the Department of Planning and Building as evidence of compliance with the provisions of Section 18.76.030.
18.76.080 Exemption Certificate
The following exceptions shall require an Exemption Certificate in lieu of the parking availability report:
- Condominiums, town homes, apartment buildings and similar buildings whose parking is supplied completely by way of a common parking facility.
- The first sale of a residential building which has never been occupied.
- A residential building whereby a review of the records indicates that no parking was ever provided at the site.
The provisions of this Chapter shall not apply to:
- Transfers which are required to be preceded by the furnishing to a prospective transferee of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code.
- Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain, or transfers resulting from a decree for specific performance.
- Transfers to a mortgagee by a mortgagor in default, transfers to a beneficiary of a deed of trust by a trustor in default, transfers by any foreclosure sale after default, transfers by any foreclosure sale under default in an obligation secured by a mortgage, or transfers by sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale.
- Transfer by a fiduciary in the course of the administration of a guardianship, conservatorship, trust.
- Transfers from one co-owner to one or more co-owners.
- Transfers made to a spouse, or to a person persons in the lineal, line or consanguinity of one more of the transferors.
- Transfers between spouses resulting from a decree of dissolution of a marriage or a decree of legal separation or from a property settlement agreement incidental to such decrees.
- Transfers by the State Controller in the course of administering the Unclaimed Property Law (Chapter 7 [Commencing with Section 1500] of Title 10 of Part 3 of the Code of Civil Procedure).
- Transfers to a governmental entity under eminent domain of threat of eminent domain.
- Anyone in violation of the provisions of the Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided by the provisions of Section 1.32.010 of the Long Beach Municipal Code.
- 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.
The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first day after it is approved by the Mayor.