Pasadena Municipal Code Ch. 14.17 Presale Self-Certification Program

This chapter shall be known as the "presale self-certification ordinance."

(Ord. No. 7337, § 3, 2-4-2019)

A. "Administrator" means the director of the planning and community development department of the city or designee.

B. "Buyer" means the person entered into a contractual agreement to purchase the single family house, condominium, townhouse or duplex.

C. "Owner" means the person in whom the title to property is vested.

D. "Person" means an individual, partnership, corporation, association, or trustees.

E. "Presale certificate of completion" is a certificate required for the sale of a single family house, condominium, townhouse or duplex; the certificate is provided for properties that are eligible for self-certification.

F. "Presale certificate of inspection" is a certificate required for the sale of a single family house, condominium, townhouse or duplex; the certificate is provided for properties that require an inspection and are not eligible for self-certification.

G. "Transfer of responsibility" is a document whereby the buyer acknowledges the municipal code violations identified on the housing inspection report, and agrees to correct the violations within 12 months after the presale certificate of inspection is issued.

(Ord. No. 7337, § 3, 2-4-2019)

With respect to a single family house, condominium, townhouse or duplex, a presale certificate of completion or presale certificate of inspection shall be required any time the property is sold.

(Ord. No. 7337, § 3, 2-4-2019)

A. The owner shall file with the administrator, prior to the sale of the property, an application for a presale certificate of completion for eligible properties. Such application shall be accompanied by payment of a fee and shall be signed by the owner and buyer; or

B. The owner shall file with the administrator, prior to the sale of the property, an application for a presale certificate of inspection. such application shall be accompanied by payment of a fee and shall be signed by the owner.

(Ord. No. 7337, § 3, 2-4-2019)

A. Properties whereby any of the following conditions exist are not eligible for a presale certificate of completion and require a presale certificate of inspection:

a. Unpermitted addition(s);

b. Unpermitted conversion(s);

c. Unpermitted accessory structure(s) over 120 square feet; or

d. Non-compliance with fire protection, detection and exiting requirements.

B. Properties with any open code compliance case(s), are not eligible for a presale certificate of completion and shall require a presale certificate of inspection.

C. Properties whereby the actual square footage of the living area is 10% or greater than the square footage recorded with the Los Angeles County Tax Assessor are not eligible for a presale certificate of completion and require a presale certificate of inspection.

(Ord. No. 7337, § 3, 2-4-2019)

An application review and processing fee applies to applications for a presale certificate of completion. For properties not eligible for a presale certificate of completion, whereby a presale certificate of inspection is required, the applicant will be subject to an inspection fee for each inspection required.

(Ord. No. 7337, § 3, 2-4-2019)

Contents of application for a presale certificate of completion shall be specified in the adopted rules and regulations.

(Ord. No. 7337, § 3, 2-4-2019)

The administrator shall issue a presale certificate of completion after receipt of an application that meets all requirements.

(Ord. No. 7337, § 3, 2-4-2019)

Properties not eligible for a presale certificate of completion will require a presale certificate of inspection via city inspection. Upon completion of the city inspection the owner will be provided a housing inspection report that will identify any code violations that exist respective to Section 14.70.050 (A). The administrator shall issue a presale certificate of inspection for properties if code violations are not found or have been abated; or if the responsibility to correct unabated violations is transferred to the buyer via a transfer of responsibility.

(Ord. No. 7337, § 3, 2-4-2019)

The presale certificate of completion and presale certificate of inspection shall be void under any of the following circumstances:

1. Upon a change of use of the unit to a nonresidential use;

2. Six months after the date appearing on the certificate;

3. After a change in ownership occurs; and

4. If utilized by a person other than the owner and buyer listed on the certificate.

(Ord. No. 7337, § 3, 2-4-2019)

A. Whereby a transfer of responsibility is required, and a presale certificate of inspection is issued, the buyer is responsible to abate the violation(s) within 12 months after the presale certificate of inspection is issued.

B. The transfer of responsibility requires consent from the buyer allowing the city to conduct an inspection within 18 months after the presale certificate of inspection is issued.

C. Failure to correct all the violations within 12 months may subject the buyer to enforcement actions, including referral of the case to the code enforcement commission or to the city prosecutor's office for appropriate action.

(Ord. No. 7337, § 3, 2-4-2019)

The owner shall be responsible for completion and submittal of an application for a presale certificate of completion or a presale certificate of inspection.

(Ord. No. 7337, § 3, 2-4-2019)

The buyer shall be responsible for acknowledging receipt of the completed application by the owner for the presale certificate of completion. In the event there is a transfer of responsibility, the buyer must also provide consent for the city to conduct an inspection within 18 months after the issuance of the presale certificate of inspection.

(Ord. No. 7337, § 3, 2-4-2019)

The administrator shall promulgate written rules and regulations pertaining to the enforcement and implementation of this chapter. Such rules and regulations shall not become effective until they have been authorized by the city manager. Nothing herein shall prevent the administrator in emergency situations from taking such temporary action as is, in his judgment, within the spirit and intent of this chapter and adopted rules and regulations.

(Ord. No. 7337, § 3, 2-4-2019)

Nothing herein contained shall prevent an owner from voluntarily requesting an inspection and at any time for the purpose of determining whether the property contains any of the code violations provided in Section 14.70.050 (A).

(Ord. No. 7337, § 3, 2-4-2019)

A. Any person who violates any provision of this chapter is deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment in jail for a period not exceeding 6 months, or by both such fine and imprisonment.

B. In addition to the penalty provisions in subsection A of this section, violation(s) of Section 14.17.110 may be subject to the administrative proceedings set forth in Chapter 1.25 or 1.26 of this code.

(Ord. No. 7337, § 3, 2-4-2019)