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HomeMy WebLinkAbout2007/06/26 Board of Appeals & Advisors Agenda Packet1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM 2. APPROVAL OF MINUTES: April 9, 2007 and June 11, 2007 3. NEW BUSINESS: A Property Transfer Report 4, CHAIRMAN'S COMMENTSIREPORTS: S. BUILDING OFFICIAL'S COMMENTSIREPORTS: 6. COMMUNICATIONS (PUBLIC REMARKSIWRITTEN CORRESPONDENCE) T. ADJOURNMENT TO REGULARLY SCHEDULED MEETING ON MONDAY, July 9, 2007 AT 5:15 PM IN CONFERENCE ROOM 137 BRAD REAR C.BO'. AV DATE ASST. DID. OF PLANNING & BUILDINGBUILDING OFFICIAL SECRETARY TO THE BOARD OF APPEALS AND ADVISORS COMPLIANCE Ward! AMERICANS NTH DISABILITIES ACT The 011y fChl VN, IF apnplNn9wI1M1 LOArtanmrtemTh QuanglGas Art UpAl ra llntlllkuale Who es Ire edealer to Aral attend lM/or panldath, In a Clrym request Such ea motleli finny I houosln admn a for Learned and War days for schedules 10i end ml PleasenDlmaglNery Seoarary, for All information at (619) 40736ID ortebummunMetlons Oevlce for the Deaf O ll at (619) 665569. DalHomla Relay Si N also eeellanle brNe noting a nner . J Old Hol DolfBond olAppeala & Anvuon\9627209]a Eo: CITY OF CHULA VISTA BOARD OF APPEALS AND ADVISORS SPECIAL MEETING AGENDA Tuesday— 5'. 15 p m. City Council Chambers June 25, 2007 276 FowH Avenue, Chula Vlsb, CA 91910 CALL MEETING TO ORDERIROLL CALL WealTumer_ BuddinBil HieronimuaBuencaminP Andrews FIech Rondo _ _ 1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM 2. APPROVAL OF MINUTES: April 9, 2007 and June 11, 2007 3. NEW BUSINESS: A Property Transfer Report 4, CHAIRMAN'S COMMENTSIREPORTS: S. BUILDING OFFICIAL'S COMMENTSIREPORTS: 6. COMMUNICATIONS (PUBLIC REMARKSIWRITTEN CORRESPONDENCE) T. ADJOURNMENT TO REGULARLY SCHEDULED MEETING ON MONDAY, July 9, 2007 AT 5:15 PM IN CONFERENCE ROOM 137 BRAD REAR C.BO'. AV DATE ASST. DID. OF PLANNING & BUILDINGBUILDING OFFICIAL SECRETARY TO THE BOARD OF APPEALS AND ADVISORS COMPLIANCE Ward! AMERICANS NTH DISABILITIES ACT The 011y fChl VN, IF apnplNn9wI1M1 LOArtanmrtemTh QuanglGas Art UpAl ra llntlllkuale Who es Ire edealer to Aral attend lM/or panldath, In a Clrym request Such ea motleli finny I houosln admn a for Learned and War days for schedules 10i end ml PleasenDlmaglNery Seoarary, for All information at (619) 40736ID ortebummunMetlons Oevlce for the Deaf O ll at (619) 665569. DalHomla Relay Si N also eeellanle brNe noting a nner . J Old Hol DolfBond olAppeala & Anvuon\9627209]a Eo: BOARD OF APPEALS AND ADVISORS STAFF REPORT Item: IA Meeting Date: June 26, 200] ITEM TITLE: Property Transfer Report Program SUBMITTED BY: Brad Remp, Cff 0, Assistant Director of Planning and Building The Planning and Building Department is requesting the Board of Appeals and Advisor' s endorsement to implement a new, program that will enhance the City' s ability to detect and resolve code enforcement violations that arise from construction work Nat has been undertaken without benefit of obtaining appropriate permits. Staff investigations have revealed list frequently such uapermitted work represent significant Bre and life safety havards. This program will focus attention on ensuring that potential buyers of existing homes are given relevant code enforcement Information about to legal status of the property prior to completion of the sale. Sellers of residential property, or thew agents, will be responsible for requesting a property transfer report from me City wit 10 days of placing the property an Ne market for sale. A fee of $70 per report will be charged as a means of recovering Ne cost of administering to program. 'lire Board previously heard tis item on June. 11, 2007. During that meeting a significant number of representatives from me real panels industry expressed concerns about to language in me proposed Ordinance and that they had wt been given sufficient opportunity to review the material prior to the meeting. Based on this testimony, staff revised then recommendation and requested that me item be tabled for approximately two weeks to afford the public Ne opportunity to become more familiar with the specific language contained in to proposal. This additional time also gave shift the opportunity to make minor revisions to the language in response to suggestions provided by Ne public and members of the Board. RECOMMENDATION: Sndorse adoption of the attached proposes ordinance establishing a requirement for residential property sellers to obtain a property tranerer report from the City prior to sale of the property. DISCUSSION: The City of Chula Vista has experienced a significant increase in the number of residential properties that have undergone building consumption modifications without appropriate permits. Many of mese modifications were initiated as a means of creating additional habitable space, often for the purpose of creating renial Income for the current owners. These modifications range from me typical conversion of a bay or several bays of a garage into additional bedrooms to erection of additional stand-alone dwelling units on me property. Staff investigations have revealed that most of these modified properties contain significant fire ano life safety violations of the budding codes. These violations expose Ne inhabitants to both an unreasonable level of health and safety risk as well as the potential for significant fmancial loss because insurance companies are generally not required to compensate policyholders who have illegal construction. Page 2, Item Meeting Date 6/11/n] Unfortunately, these types of Illegal construction types of violations are frequently not disclosed when be property is sold, even bough State Law requires such disclosure. Ultimately, the new owner ravenous the responsible party to resolve the violations once this unpermiRed work is Identified. This Ordinance will mandate that the seller, or his/her agent, request a property transfer report from the City within 10 days of placing line residential property on the market. To cover the anticipated costs of administering be program, a $70 fee will be charged. Staff is currently working with an outside vendor to aulnmate this research process to be extent that be report will be immediately available via access to an Internet website. This automated process will significantly reduce be amoum of time and effort bet sellers and agents will need to spend on securing this information. Staffa research into this program revealed that approximately B ober jurisdictions in California have been successfully using such a program. While many of these ober jurisdictions have also incorporated the Inclusion of a mandatory houseman component Into Weir program, that inspection service is only being offered on a voluntary basis at this time. Overall, Nese jurisdictions have reported a significant reduction In be level of illegal new construction as a result of implementing beer programs. They attribute this improvement to the realization on the part of property owners that all illegal construction will eventually be detected and be cost of resolving the violations will be significantly greater than those that would havr been inured from olouning be required building permits and inspections at be time of original construction. (9WWbw) (h'.\bid lug\brtsum IA egeMa astmvut pmpeny transient 26doc) Attachment A. proposed property Transfer Report Ordinance Attachment B' Board of Appeals & Advisor Minutes (5/4/07 and 6/11/07) Ataehment C' CA Residential Purchase Agreement ATTACHMENT "A" 6-13-07 DRAFT 15.21 RESIDENTIAL PROPERTY TRANSFER REPORT 15.21.010 AUTHORITY, PURPOSE AND INTENT The city council does find, determine and declare that: (1) This article is adopted pursuant to the modanty of Government Code §38980 at seq. and other applicable law. (2) Citizens, residents, residential property owners and potential residential property owners in the city need information about residential property proposed for sale or transfer in order to adequately Forced their interests in a sale or transfer. Building and zoning records of the city constitute an important source of such information. Therefore, it is one of the purposes of this article to assist in, but not guarantee, the disclosure of information from city records about residential property within the city. (3) it is also a purpose of this article to assist the city in reducing and preventing violations of building and zoning ordinances by providing the owner orreal property with information as to permitted and illegal uses as well as permitted and illegal construction (4) it is also the purpose of this article to assist the city in abating public nuisances and enforcing its building and zoning ordinances by Identifying properties in violation of its codes. (5) It is the further Intentorthecity to aid in the protection of the unwary buyer (- rearr G— .) of such property against undisclosed illegal construction, uses and /or restrictions on Ne property. 15.21.020 DEFINITIONS For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows•. " Aidgernatut" means any verbal agreement or written instrument, which provides that title to residential property, shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange. "Authorized roe esemarve" means a licensed real estate agent, real estate broker or other professional that is trained and experienced in the sale, trade, transfer or exchange of real property who is authorized by State law or local ordinance to represent the owner and/or buyer of real property in such a formation. "m shall mean any person, to partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property, described in an agreement of sale, as defined in this subsection. z".TToae-- n.mrev lieaFp:operty court mo.e`sass[-' iMMeciry,Cerin eiaet__ _ymmus2_ _ sss-ondshMl-iaelude his ;end-straleesureed en such crown ed feel proepsol), fit s m1wips see real prep era c e up saud whethe-- -et;ter-F11 1 11 ere, rparm..�^mal top^lob ..ese: "Consummation of the sale or exchange" r artsthesigaingoffinal documentsatthe close of escrow, which documents provide that title to any property is trarrsferued from one owner to another owner. means consecutive calendar days. "Exchange" means the transfer of the title of me] property in consideration for cash or for something other than cash. "IndusF' - -�`----` - 'R-6-M- �a e;_,d_ _ b _ - _ _-_ _ _t 11 H Inde -Hae a:..res-lo This twealag may rRA _ property being Assed our RaIR, t de, founders, ___ _ _ as "chartered not-itis leg ramp.`. "se: "Oats to Inspection Report" means the document issued by the citybased on a physical inspection of the properly resulting Prem a request of an interested party. Such report Is issued in conjunction with the Residential Property Transfer Report. "Own means any person, co -partnership, association, corporation, or fiduciary having a laidd or equitable title or any interest in any real property. "Owner of record" slreH meatus the person having recorded title to the property at any given paint in time, and may mean either the buyer or seller depending upon the timing of transfer of title. "Prov ry' means any unimproved or improved real property, or portion thereof, situated in the city and includes the buildings or structures located on the property. "Residential Property Transfer Report" (Report) means the document issued by the city pursuant to this chapter. "Residential building" means any improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfers, or exchange as "residential" whether or not it is legally permitted carper zoned for such use. Within ten (10) days of the listing and/or offerine of any residential property for sale, trade, transfer or exchange within the city it shall be the duty of the owner, or if the property is listed with a licensed reel estate agent broker, it shall be the duty of such ager, Colum er, to apply for a Real Property Transfer Report (Rayon). 15.21.040 APPLICATION -REPORTABLE ITEMS -TIMELINE Upon timely application of the owner or his authorized representative on the proper forms provided by the city and the payment to the city of a fee essay `...,..eIo - ^Crime.�,d-u 5 �Rmarirace upPA, the building official or his authorized representative shall review penmen city records and deliver to the applicant a report which shall contain the following information insofar as it is available BASIC SITES Address Assessors li Number (APN#) Legal Description ZONING Zoning Designation Inconsistency between General Plan and Current Zoning Variances, Conditional Use Permits, Precise Plans Cram union/Alterations Approvals Adurnmonetive/Eegal Acts of Record (zone changes eta) Redevelopment Area Rent Control District BUILDING RECORDS Date of Construction Building Permits - dates issued and stairs fircheildperlextined ENFORCEMENT ACTION -FEES Open Code Enforcement Action Recordations/Liens FeeivEr es/Penalties 'Exterior Inspection Observations ("Upon On-site Inspection request only) •Interior Inspection Observations (*Upon On-site Inspection request only) OCCUPANT/RESMENT SAFETY Freeway Proximity Health Assessment Historical Designation Flood Plain FireHavard Seventy Any other information and/or records located related to the real property not exampled by the California Public Records Act. The Residential Property Transfer Report shall be delivered to the requesting party within ten 00) days of receipt of the application and Poo. An On-setc Inspection Report, should one be requested, shall be delivered to the requesting party within thirty (30) days of receipt of the application and fee. Such delivery may be made in person, by facsimile, Is class mail or electronic media. Nothing in this section sell prohibit the owner of residential properly from requesting the Residential Property Transfer Report and/or an On-site Property Inspection prior to listing the properly for sale. 15.21.050 VOLUNTARY ON-SITE PROPERTY INSPECTION A potential buyer or other interested party may, at their own expense, request an firs site Property Inspection for any property actively listespooffeyed for sale, trade, transfer or exchange, A physical property inspection may only be conducted upon written consent of the properly owner, and tenant if tenant occupied, regardless of the individual or entity requesting the report Any application for a urgent made by the owner of the property subject to the report shall be deemed written coneent An owner makln¢sueha request Led tenanr ' d roisressramptle for makers the raoreere, available fir, 15.21.060 SCOPE OF INSPECTION Inspections conducted in conjunction with the preparation of a prison shall be limited to the exterior areas ofthe subject property unless an interior nowsphis has been FRipig9twi rifand are primarily for purpose ofidendf ke illeeal onstrumipNbuildiez without a in ie Shoald the building official or his designee his jnd reasonable rause to believe that a dwas dwelling unit has been illegally subdivided and/or allered the garage or other building or portion thereof illegally commutere tumvertedhop livinglitab� space teatime of-9an interior inspection of such building shed mdv be conducted to verhi or dixerov¢ the ex Srente aYswh condition. if the owner and/or tenant r -fir -9 declines to consent to anexterior/hreenor inspection for which request has been mads, a ietiee-a€zeport smfine. "denied access" will be provided to the requester noting any and all conditions observed from the public right of way. 15.21.070 DELIVERY OF REPORT No owner or their the authorized representative, of real property shall enter into a agreement to trmwfr title andor convey ownership for such residential property without first providing the perspective buyer a copy of the Residential Property Transfer Report (and Onsite Inspection Report if such has been requested and prepared). Any title and/or escrow company processing the sale, trade, transferor exchange of such real property, prior to the closing the sale and transferring funds and title, shall obtain been the buyer a written acknowledgement of receipt of the Residential Property Tcartdfer Report. Irthere is no escrow such written acknowledgement shall be obtained prior fe the consummation of the sale, trade, transfer or exchange Within ten (10) days of the close of escrow, or the consummation of 0ue sale or exchange the escrow officer, or in the absence of an renew, the owner or their authorized representative, shall file with the building official or his designee, a copy of the acknowledgement of receipt of fire report signed by the buyer. Such responds) shall be valid for a period not to exceed six months after the date of issue, provided, however, upon an application made by the owner and filed with the building official on a form provided by the city stating that no changes, alterations, improvements or additions have been made since the date of the issuance of the original report, such original report shall be valid at no additional cost for an additional period not to exceed six months, dated from the date of 0re expiration of Ne Lml six month report. 15.21.090 REMEDIATION— CORRECTIVE ACTION In accordance with 15.18.050 if violations are observed that are an imminent threat to life safety the building official or designea shall issue a notice of violation, or other such notice allowed per CVMC Chapter 130, 1.40 and 14 1, to me owner of record, anNor v other reeordedCMown interested txvrv, containing the violations, corrective action required and time frames for compliance. Ifviolations do not constitute a imminent risk to life and safety the building official or his designated representative is authorized to delay immediate enforcement of violations observed as the result of conducting the physical inspection and completing the report if the buyer or proposed buyer of the subject property executes and records with the San Diego County Recorder's Office, a Compliance Agreement with the City increasing agreemg to correct code violations within such times as the buyer and the building it Iridal or his designated representative may agree upon, not to exceed one year. 15.21.100 EXCEPTIONS The provisions of this chapter shall not apply to the following: (a) The first sale of real property located in a new residential subdivision whose final map has been approved and recorded not more than two (2) years prier to the first sale; (b) The first sale of real property that contains a new building or supreme that has nor been previously surrounded; (c) Mobilehomes and trailers occupying land on a month-mourrath rental or annual agreement where land sales are not involved and the use is in compliance with local zoning requirements; (d) 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 baNwptcy, transfers by eminent domain, or transfers resulting from a decree for specific performance, except in any and all events when a sate or transfer occurs to a third party, a report is required; (e) Transfers to a mortgagee by amortgagor in default, transfers to a beneficiary of a deed oftmst by a trustor in default, transfers by my foreclosure sale after default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, or transfers by a sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any offer instrument containing a power of sale. PlOTE,` hen a prep any is listed -fin sale, beaumsenteje estxereafe-wFrereibahiHawesret edb I h nelkidF) 0 f a d -ed A f trust 'no A I e I 'nth A fares W true up d A A � Pro upac (f) Transfers by a fiduciary in the course of the administration of a guardianship, conservatorship, except if such transfer is a sale; Ig) Transactions solely for the purpose of refinancing existing debt secured by the real properly Transactions for the purpose of establishing an equity line of credit and/or additional mortgage debt secured by the real property require a Real Property Tmmfsr Report. (h) Transfers from one co-owner to one or mare co-owners; (i) Transfers into a must or living trust where the owner is the beneficiary or trustees of the trust, (j) Tmnsfemmademaspouse,ortoapenonorpersonsinthchneallineof consanguinity of one or more of the tranaferom; (k) Transfers between spouses resulting Rom a decree of dissolution of a marriage or a decree of legal separation or from a property settlement agreement incidental to such decrees; (1) quansfers 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); (m)Transfors to a governmental entity under eminent domain or drreat of =merit domain. 15.21.110 FEES no fee for a standard Residential Property Transfer Report shall beset by resolution of the City Council. The fee farm On-site Property Inspectum shall be equivalent to Me (2) hours of the curnampall cost recovery rate at the time of the request for single family dwelling to include duplexes and accessory second dwelling units Multi -family residential properties (three or more units) will be charged currant full cost recovery rate for the actual time required to perform the inspection, research and write the inspection report. A minimum deposit equal to two (2) hours of full cost recovery shall be remitted prior to scheduling an insp potion. 15.21.120 CANCELLATION OF REOUEST A refund of the fee accompanying an application for a report shall be made if a winten request for refund is made prior to review of City records necessary to prepare the report. An administrative charge of twenty percent (20%) of the application fee shall be withheld from any refund granted pursuant le this section. No refunds will be made for a report after the records review and/or physical inspection of the properly have been completed. 15.21.130 WAIVER OF REPORT In the alternative to obtaining a report the owner and buyer may agree to waive the report upon purchase of title insurance that will cover any undisclosed/ unidenHfied/uNmown illegal construction and/or ase. Such agreement must be filed with the building official or his designee on forms provided by the city and shall be accompanied by a copy of the title insurance policy on the residential property subject to the sale, trade, transfer or exchange. 15.21.140 VALIDITY OF TRANSACTION No sale, trade, transfer or exchange of real property shall be Invalidated solely because of the failure ofany person to comply with any provision of this chapter. 15.21.150 NON -ESTOPPEL DISCLAIMER Nothing contained hereto shall be construed to estop or prevent the city from taking any and all action to enforce the provisions of any law, ordinance or regulation, which the city may have. Specifically, the omission from a report rammed hereby of any illegal construction of an addition, mortification or alteration shall not act to prevent the city from therinf er causing the illegal condition to be brought into compliance or abated. 15.21.160 LIABILITY The report does not address or guarantee the structural stability of any existing building, nor does it relieve the owner/buyeq their agent(s), mml iteot, or builder from designing and building a structurally stable building which meets the requirements of adopted codes and ordinances. Not does (be preparation of and delivery of my report required under this section impose any mandatory day upon the city, nor shall it impose any liability on the city or be deemed to constitute a waiver of any statutory immunities afforded to the city. The issuance of the report is not a warranty or representation by the oily that the proparty or its present use is oris not In compliance with the law. The city does not represent or warrant that the information contained in the report will always be complete and accurate, and all persons receiving the report should independently verity the information contained therein before relying on it. 15.21.170 APPEALS Any owner and/or buyer aggrieved by the determinations and/or information contained in the report rotative to the legality of structures and/or uses at the location that is the subject of the report may appeal in accordance with Chapter 140. Any appeal must be made within lot (10) days of the date of issuance of the report 15.21.180 VIOLATION —PUNALTY It shall be unlawful for the owner of a real property affected by this Chapter to sell, trade transfer or exchange a real property without first having obtained and delivered to the buyer a Real Property Tranaf Report in accordance with the requirements of this Chapter. Violations of this Chapter shall be subject he prosecution and/or enforcement under CVMC Chapter 1.20 and 1.41. DRAFT A I I AC ITMEINT "He MINUTES OF A REGULAR MEETING BOARD OF APPEALS AND ADVISORS CITY OF CHULA VISTA, CALIFORNIA April , 2007 Planning & Builtlin6 Conference Room #137 5.15IF in Public Services Building 275 Fourth Avenue CALL MEETING TO ORDER'. Chair Flach called the meeting to order at 515 pm. ROLL CALL Hj Rome, BudeingR H andfu tie Andrews. Turner West MEMBERS ABSENT'. Noce MEMBERS ABSTAINING: None CITY STAFF PRESENT'. Brad Romp, BUIICIng O10dak Doug Caesar Code Enforcement Manager; Linda Bond. Secretary: and Judi Bell, Recording Secretary OTHERS PRESENT'. None DECLARATION OF EXCUSEDIUNEXCUSED ABSENTEEISM: None 2. APPROVAL OF MINUTES'. January B, 2007 fMEU T -O) 3 INTRODUCTION OF NEW MEMBERS: Rita Buencemine-Andrews, appointed December 2006: David Tuner, appointed February 2007; and Ben West, appointed March 2007. 3. NEW BUSINESS'. A Approval or Resolution 2007 001 which Changes the location of regular maeungs to the Planning and BuIding Cunference Fo and #137, located In the Public Sea ices Endorsed are City of Chula Vista, 276 Fourth Avenue_ )MSu 7 0) v B. Discussion of a Mempmoeum from the City Clerk regarding a Boards and Commissions project which will co selleale, simplify and clarify the many rules governing boards and commusions, This should reduce the confusion and provide consistent treatment for all boards and commissions where the law end policy allow. Amendments to the Municipal Cade fell be proposed No proposals will be made to change the boardspurpose, functions, duties or objectives. The changes would, however, make it clearer specifically when the Board of Appeals might be involved and when a hearing examiner might be used There were no questions. C. Doug Leeper Code Enforcement Manager, presented on proposed ordinances which will help costs recovery for the City. 1) Code en6mement ISVyng to help stem the IICe of Illegal construction and non disclosure of Illegal construction. In some Instances the house Is sold and the new owners may not be aware that they no permit for nstruction or other work done LOcalusedlcdons can pas ordinance that requires realrors and escrow companies to obtain a propehytrensfsr report that remains zoning Information and building records on that pmpeeypeorto the close of escrow. There wove be a fee involved in that winch would recover the Citys cost in aimaming those records and providing the information This would do ithings_ It would norcty the buyer of what Is legally established on the property. For instance, It the home Is a Indeed with 3,600 sqftand the report from the City states that It Is an 1,000 sq. it bgally DRAM Board of Appeals & Advisers age 2 .:mril 9. 2007 Coconstructed single family residential structure and the zoning Is single family residential, it ch'I add up. They can get that information varied and then can back out of the sale or remedy the problems prior to close of escrow. There has been a decrease In the amount of building without perm its that goes on because people know they will eventually get caught They Come Into Planning &Building and either gel proper permits or l(ifs not allowed the spe won't be done_ They know that when they try to sell the house without permits. it will be caught The research to see If a permit is in place Can be provided relatively quick Areport could be In place at the hie of escrow_ It ocean't necessarily step the sale. A buyer could decide to go ahead and buy the property even with hidden construction. But If the property Is bought under those conditions, we problems still exist The buyer has the report and knows there hes to be a remedy. There could bee re recension of the contact because the property is not a btglex and instead is single family home, etc. Corrections muk be if drier the sale from en escrow accourt thattbe seller/buyer sets up or an agreement could be made thatthe connections are made by the seller after me sale. 2)Withadecrease sales In the holing market and the Increase are Wehev mberofhom that are In distress antl are going Into default and foreclosure_ Usually the banks who are foreclosing on these homes are not local, They are n other states. They tle not see these properties and tle not See what vacant properties tle to the surrounding neighborhood Property values of homes on either side go down_ We are looking at a distressed property registration ordinance that would require the lending instiWtions Or whoever thavawnt o penyt0 reglslerwlo the OIIy0fChula Volow stating Newey own the property, the location of the property, antl that they have a local management company to maintain antl manage the property In a manner consistent with the neighborhood Repairs to the property will be madewhenneeded The list of vacant properties In Chula Visite is staggering. It lsveryone. Containing to make phone calls to lenders who awn these properties. In many Instances It has not been recorded at the County Recorder's office so /hey have the loan from the " mortgage broker sold it to someone else and didn't get the chain of title assignment recorded We must go beck to the initial mortgage broker and they lock 11 up. Ittakessn ordinate amount of time to find who is responsible for this property. To eliminate golnc through this each time this ordinance would require that they would have to register with the City and pay a fee for the registration. The ordinance might also require that there be Information posted on the vacant properly with a name of who owns the property antl a local phone number to call. When a neighbor flees something that needs to be reported he can cell the local contact and talk to them instead of calling the City each time The fee would Cover the cost of staff caused In maintaining such a registration program Thereereonlys few cities In California and a few cities throughout the countrywho use this program 4 MEMBERS' COMMENTS: There were questions on when the ortlinances could be In effect, of Remp slated that r the oNmances were written and approved by Council it could be in annum in me new fiscal year 2007 2008 as soon as passible. 5. CHAIRMAN'S COMMENTS/REPORT: Chair Plach stated that he would not be able to attend the next Beard meet no scheduled for May 14, 2007. Vice Chair Rome was asked to chair the meeting In his absence. o. BUILDING OFFICIAL'S COMMENTS)REPORT: The proposed Code Enforcement ordinances will be presented to Council at the scheduled budget workshop on April 19. If the ordinances are spe iii lly varier., they all be brought back to the Board for eview and recommendarmuns. bRAFT Board of Appeals &Advisors Page 2 April o, 2007 The State has officially adapted the new International Building Code and In mldJenuary 2000 we will be enforcing anew Code In California. First one Lt about 10 years. There are significant changes between the current codes and what we will be enforcing The personnel has Bone through training_ There wall be modiflcandns to the crude which will be vary minor entl these changes ash be brought back before the Board for approval. The Building counter is new_ We now have automatic system which tracks time that people wait ,alc. We have a shortage of stall dgM now so some of the waiting Ames are longer B. ADJOURNMENT. Chair Flach adjourned the meeting at S'. if p m. to a regular meeting In Die Planning & Building Conference Room #137 on May 16, 2007. R' BRAD REMP, C B O. ASST. BIR_ OF PLAN JING & BUILDING/BUILDING OFFICIAL SECRETARY TO THE BOARD OF APPEALS AND ADVISORS JUDI BELL, SECRETARY PLANNING & BUILDING DEPARTMENT IJ!A aoaN of Appeels&Ahvlson IT 2006290nect 09.200],1Job) A'TTACHMENT`S" MINUTES OF A REGULAR MEETING BOARD OF APPEALS AND ADVISORS CITY OF CHULA VISTA, CALIFORNIA June 11, 2007 Planning B Building Conference Room#137 5; 15 gm. Public Sollviers Building 276 Fourth Avenue CALL MEETING TO ORDER: Chairman Flach called the meeting to order at 5:15 to in ROLL CALL: Tisch, Buddingh Hieromen , Buencandif Andrews, Turner, West MEMBERS ABSTAINING: None CITY STAFF PRESENT: Brad Rome Asst Olrectorl Deputy building Official; Lou ELKhazen, Deputy Building Official, Earn Leeper, Came Enforcement Manager; Rosemarie Rice, secretary; and Eileen Dimagma, Senior Office Specialist (Recording Secretary) OTHERS PRESENT: Richard Amomel Isabel Hall (McMillin Realty), Gary and Gail Nordstrom(II Alin ReaRy), Dan 0 Hanlon (McMillin Realty), Negar Mlrgdl (McMillin Realty), Mah ScoR(Realtof) Patti Mai (McMillin Realty), Brad Wilson (Realtor), Chris Lewis (McMillin Realty), Lupe Soto (McMillin Reafty), John Miller (Realtor, Dente I" (Realty Executives), Mariana Alan (McMillin Realty) 1. DECLARATION OF EXCUSEDIUNEXCUBED ABSENTEEISM Member Ramo Is attending a MeefinB in Los Angeles 2. APPROVAL OF MINUTES :None. I Romp announced the minutes from Asm 9, 2007 mapping will be brought to our next regularly embedded meeting. 3. NEWBUSINESS' A. Member Tisch announced that new nominations for Chairperson and Vivre Chairyarson are in oder and open fwnominaticns. It was also announced by Mr. Romp that Member Rome So term expires thus month and is no longer eligible for re election. Haan" of Election: MSC (FIaCh/Buddingh) (50-1-1) motion to elect Ben West as Chairman; MSC (BuddinghlAndrews) (54-14) motion W elect David Turner as Vice Chairman. B. Brad Remp, Assistant DirecNrl Deputy Building Oficial presented Information on a proposed ordinance for a Property Transfer Repot Program that will enhance the City's ability to detect and resolve code enforcement violations. This program will focus attention on ensuring that potential buyers of existing homes are given prevent code enforcement informal about the legal status of the property prior to completion of me sale, Sellers, of resiaentialprocerties, or their agents will be responsible for requesting a property transfer mwgfmm the" within 10 days of placing to property on the market for sale. AC70feewillbechargedasameansof recovering the coetof administering the program. The repot canto counsel through the drys Internet website. Mf. Romp contact that the Is not Intended to hold up' a sale of a properly. He presented a list of 23 other jurisdictions in California that are cumendy engaged in this type of a program, and stated that they have been successful Doug Leader, Code Enforcement Manager presented information on proposed ordinance. This draft ordinance forthis reportdoes not remainder on-site Inspection, butshoultl Mo seller or potential buyer request one from the City, one will be provided Ed them at their own expense. Mr. Leeper also said that the of Appeals & Advisors -2- report would be used as another tool, which Is available through the California Government Code to Local Jurisdictions aid in identifying and resolving Issues of unpermitted construction, This issue is one that code enforcement deals with daily. In speaking with other jurisdictions In California, Mat have passed this kind of oltlinance, rediscovered Handles had fewercasesofunpermihed constructor. Mr. Lttper thought adopting this ori inancewould be instrumental in curtailing the amount of problems thefts Cry is experiencing with building without permit. Mr. Remp read off the list of cities in California that have adopted thisrype of ordinance', including Mose cities Nat had incorporated the Inspection component He stated that about two-Nlrtls to one half of these etas haaea mandatory Inspection component, but stressed, our chly Is nM recommending that as part of this proposal. Member's Comments - Chairman Flach Pentad out hat some of the Information from Ne city report was not complete. Mr. Remp stated they intend to sofnt Me support of the City Attorney's Offw to inClutle a disclaimer that states that the information will be as accurate and up to data as can be. Member Buddingh brought up the fact that there is a liability waiver in the draft ordinance. He suggesarda provision be added'. If the buyer chooses to pureness the property regardless or any violation Issues, there should be language in the ordinance that states the buyer is waiving any claims against the seller for those issues being Iced In the report Another Issue was that Ihi be list only to pressures that are listed, Is too narrow. He suggested Inclutling properties that aren'I listed as welt Mr. droo gh also addressed an issue under XX.XX.090 REMIDATION- CORRECTIVE ACTION, how the notice of violation should twitter be issued M the owner of cord. If there was a case where the owner had sold the property, 0 should be Issued to the pmspedive purchaser as well. Lastly he addressed Issues under XXXX.tyg APPEALS, Mr. Remp stated Mat this was cross-referenced and the appeal process would be the same as the code enforcement appeal process. Chairman Flach Men asked if the real estate agent is responsible for giving out this information. Mr. Rempstated that the seller of the property would be theme thata ultimately responsible. Member Buencamino-Andrews stated she agrees with idea of the buyer having Me option Msign a waiver if they choose not M correct Issues identified in this report and waiving any legal action from the buyer to the seller. Member Tamer asked if the property report would cover problems that have already been identified by a city bulldinglnspabor. Mr. Leeper said that the repent would coverall known building permits that were issued on that propadyandtheirstatus. Mr. Turner said Mat buyers would likely 'Interpret this report as saying that Me City has approved any projects on the property. The details of an on-site Inspection were discussed. Mr Turner asketl about the average cost of an on-site Inspection by a code enforcement officer. Mr. Leepersaiditwould be a mimum of twom hours of full costrevery atabout $198 00 an hour. The public would be retired of this optional on site Inspection through public outreach. Member Wast commented that he would welcome this ordinance as a potential buyer and see this as an extra layer of protection. He stated that he was in favor of this. Member Hlemnlmus was concerned that if the current seller did not know about the illegal construction, was it fair to hold them responsible? Mr Leader answered that this is one of Ne main reasons for this ordinance W stop this kind of transferif the construction can belegehand by obtaining the proper Saudi the sellercancgmein and get the proper permits to avoid costs and tliMculry In the future. Cede Enfomementwoulb apply the building codes that were in effect at the gine the construction was made. Or Leeper statetl this ordinance is"proted'ron" for both the buyer and the seller unaware of illegal construction that may pose a Its and safety hazard_ Public Comments ➢ Richard DascDll from Pacific Southwest Association of Readers commented that no one from the public has read the staff report froths this meeting. The board will be making a decision based on a report that of Appeals Advisors Mr. Remp gave ro them that "wasn't very tletailed without the board's complete Insight. Mr. Reap and Mr. Leeper stated that they will have time from now until July 9th, which is when this netts to go he council, to meet again, to further discuss the draft ordinance if they need to, Y DanOHanlon from McMillin Realty applauded the fact o provide a Voluntary on-site inspection from the city. However, everything that was persuaded is already in place in their procedures as a real It would be difficult to explain this -voluntary inspection' to the buyer because the standing and language Is complex. Gary Nordstrom stated he was a former Planning Commissioner and former Chair of the Growth Management Oversight Committee. He Nought this ordinance would dictate to every prospective seller that before they could sell their home they have to ensure that any upgrade or renovation had Me proper Permits . In his opinion, this would cause chaos and would deter people from complying. He asked that the board table this issue because this Information was not provided In a timely manner, and that the boom takes a common-sense approach to Nis Issue that could cause all kinds of liabilities to buyers, sellersrealtors, and to the City of Chula Vista. Negartera li, Broker, men Abercrombie&Associates asked who would get the $70 fee from this report. an Remp staled that the City would get most of it and a pardon would go To the outside vendor. Ms. Mirgoli also commented on they Issue of Thoperies listed within 10 days'. She noted is today's market properties listed are taken off within days (because they aren't selling) and turned into rentals. Therefore, Ne owners ofthis property are paying a $i0 fee that they tlon t nett tomcur. Interview itwould make better sense that this be done prior to the close of escrow, so ffasthe ST0 expense can be taken ofithe sellers shoulder until transaction is finalized Per Leeper added that this report is not designed M delay or Y Mark Scott, stated as a catch they are already required to do an 'agent visual Inspection", per civil case issue so they gel the app2pdatepeople to Inspect He said that to law already exists, andthemis 'rs"dcuble-legislating" what laws are alreatly in place. HealsobrougMup%XXR. 030REQUIREDnand said that ilwoultl be betterto take out the word "agent" and just leave broker, so the responsibility would fall only 0nt11ebrokerand notlhe agent He dozen't like thefad Pat Itis nowthe duty oRhe agentrbaoker to getthis repodand pay forit loo. Mr. Remp stated the City and Cotte Enforcement are trying to pretest Ne individuals who are buying these individual units and the community as a whole. This program would solve the Illegal construction problem through an effective exchange of informal'ron. r Patti MCKelvy from McMillan Realty sound that this would cause a problem and she tllsagrees. In her Pull it was the city's way of get extra revenue. r Brad Wilson, Real Estate Agent General Connector thought legislation should be written towards the building Inspectors hired to Inspect these properties, instead of the Poll r Mark Scett stated that far a layperson it would be difficult to understand the information on these reports. Mc Remp commented that every permit that has been issued since December 1991, are digitized and In our automated system. r Isabel Hall from McMillin Realty stated that the Pity may have good Intentions but California is already requirement heavy State and this Information Is already available to the buyer. What the City is doing is legislating and making it a requirement that they MUST knowthis Information. She said that this Sir does not have "compliance Inspections" in place, which is something Nat should be required if this ordinance Papers. (Chairman Flach stepped out temporl Mr. West temporarily stepped in as Chair) Chris Lewis with McMillin Realty addressed the Issue of agents) real estate community being the watchdog "on this. He pointed out that agents arena code experts and shouldn't be held accountable for submitting reports and disagrees with this ortlinance. Lupe Soto, with McMillin Realty stated she was against he ordinance, as itwould create chaos Sellers will be discouraged from selling their properties. In her opinion, this ordinance forces the agent to Interpret the codes and they shouldn't be put in this posi0on because agents are not wide experts. r Member Turner stepped into comment on worry been addressed so far Hewasinfavoroftberepod. He emphasized that this A not a"burden" to the seller, like everyone perceives it to be. Hestresseda9ain that the idea of this ordinance Is to stop illegal construction from being passed from one seller to another. of Appeals B Advisors 4- Y John Miller, Realtor, suggested It would be a good idea th, make the Inspection -Hffiq de by making it from a city building Inspector then there will be no question about what is cotle compliant and what is not. 9 Dante Laura from Really Executives mentioned the language panelsig to disclosure Is already incorporated Into their real estate documents. He cautioned the city to be prepared far n onslaught of Inspections because of this ordinance most every buyer will want one. ➢ Mariana Alan from McMillin Realty said that realbrs already have fors and procedures to do this. When theyve encountered this problem of unpermittea constructed on a home for well Neyve made corrections dant away. L Another maker from McMillin Really asked if this ordinance would exclude 'for sale by ci pmparties. If it does, awill encourage sellers to sell properties on their own for a lower amount to avoid this law and who fees. c Richard Dascoli commented that before the Board makes a colir on this ondrance mwa research is needed because it will affect many people. Approval of Ordinance: Mr Ramp asked that the Board table The branch based on the inforalicn heard tonight He suggested meeting again In 2 weeks so additional comments could be made available. MSC (BuddinghfAndrewel t8-0-1-Yt Approve motion to table this ortlinance until a Special Meegng held In two weeks. Mr Remp re Iterated that the next special meeting of Board of Appeals B Advisory will be In We weeks and prior to meNing, reapers need to provide us with any written comments b forward to the Board C. Brad Remp, Assistant Directed Deputy Building Official presented Information on a proposed ordinance for Distressed Property Registration Program, which is intended to hold lenders and/or banks responsible for maintaining and identifying these vacant properties . Many houses are going to foredosure and this requires lenders who own vacant residential homes to register properties with the sty and the ordinance requires lenders to retain the answer of a local property maintenance property to respond to requests for required maintenance. Discussion: Mr. Remp stated the" is seeing an increase In number a homes hemming Hershe netl, causing negative Impact to neighbors, wit properties not being maintained and this will help solve this problem. Member Buddingh Nought it was a great idea and needs to ce done. He suggested several as holiday: On page four, under %X.XX.050 MAINTENANCE REQUIREMENTS second paragraph should include obligation to remove such markings': on PldeflVe NefOurt refers to The posting it should require that the sign be 'weaterproof', under XX.X%.OJ0 ADDITIONAL AJTHORITV, the last couple sentences are vague and should be looked at by the pity Ammey. Member Turner expressed concern on enforceability and how to find out "Who's got gT and if this is realistically enforceable and him the city will track down these lenders. Mc Leeper . Member Turner stated language under XX.XX.030 might be restating law already in place Mr Leader said from his research with real estate attorneys. he found out that there Is no requirement bylaw that the lenders round their assignments. Member Tumeralso noted In to third paragraph under XX XXo60, Her and should be deleted before "24houf'. s, Mr Richard Lot asked if the City Attorney has gone through the document. if not they should He also felt more clanficaticn on the 30 mile harper requirement page two was needed. m Apper is4Aaoiwrs Anoroaalof Ordinance: NISC fP2estdBuddingh)(g'0-1-0) moron to move forward with introduced! Properly Registration Program Including the changes that ware discussed. 0. CHAIRMAN'S COMMENTS/REPORT: None 5. BUILDING OFFICIAL'S OOMMENT'BIREPORTS'1)The Wild Land Urban Interface Code dealing with Building Code requirements for buildings In areas exposed to potential mid land fires will be coming forward with adoption process. 2 ) Lou EI shaped Deputy Building Official will be taking lead on training Nis Board wit new budding, plumbing, mechanical, electriPal [odea eR Cttive January 2008. 3.) Currently still in process of approving the New Budget for the upcoming Fiscal Year, Planning and Building has let go a significant number of employees. 4.) New City Manager appointed, Mr. David Garcia. 5.) Mr. Rome 2 term expires this month and no longer can be re- appointed, however he ran continue to serve until a replacement member is scroll 8. COMMUNICATIONS(ADDITIONAL BOARD COMMENTBMRTTEN CORRESPONDENCE((Member Rumblimus addressed Property Transfer Report and Issue of when this ordinance passes, to consider if you were the first seller of the home, would this report would apply to them, and addressed the merit of waiver. i. ADJOURNMENT :Member .West adjourned the meaning at745 PM to a Special Moraing in two weeks on Tuesday, Tune 2fi 2007 in the City Council Chambers. BRAD REPAIR, C.B.O. ASST. DIR. OF PLANNING S BUILDING I BUILDING OFFICIAL SECRETARY TO THE BOARD OF APPEALS AND ADVISORS EILEEN DIMAGIBA, SR. OFFICE SPECIALIST (RECORDING SECRETARY) PLANNING & BUILDING DEPARTMENT Ua3d HgVud reburied of Appeale a Aev owns II 2007m Lac AFACHMENT "Cry CALIFORNIA 1C A L If OC,% RESIDENTIAL PURCHASE AGREEMENT = AssouATION For u., AND JOINT ESCROW INSTRUCTIONS Bone of nxms01mycl a men "a' IN n e. Ferner Ram on. v.... A law en Data an .Gblrsymer IOFFER. A. IFRDm_ 1"Bwel'L E. THE DEAL PROPERTY TO BE ACQUIRED Is tlescnead as _sm'a Pamel No.Iffirybod in closely of �s� California. ('Propel C. THE PURCHASE PRICE offered is _... a CLOSE OF ESCROW hill occur on Terms 6 Iecfa)(orp Oeya checking hePg balm; FINANCE TE RMS in la the ll below is contingency oo Nvs/greem enl theunlessdesignated ated eitherverbobtaining map]bebw;or pllol a III Eng. at a Wntinge REAL cos tattle lreaWIN AN good ep s.ed Wil inII tlep A. INI oPOS cos fladow diligently represents that lunev Will pa scoff lMen capes lh Escrow Holtler, ervne rvn N m oned is is not G can er en IUe A. INITIAL DEPOSIT. Buyer has given a eepoetl lmeo amount of _. _...1 ... $ to Pi e e9e nl suem01ng 1Fe once (or ml'. _ ) by personal cM1eck l ,,,i, ol payable Ic unmSM1etl until paeplenw And than Centel within 9 bu slums cap it,, INCREEscrowASED SEDDEPO Buyer SSall ac11With EPOen Aryuversball tlaposM1 wM1e Eecmw Holem on lncreeeed ee osi mlM1e amwnloL _.6 within BANIN REAM aUNTOFm B. rvcREA p C FIRST W AN DrvEAMOUNT OF $ (1) NEW snteretof two, Rof ONrare acneandv19paw.m paraliy, o ar r de palbeduamel au"Imea xottoeaedae h vas sea ov yo.a dies mi �N mean t ia� npey ban le FKAorfa mope (Those terms ply whether the evlpn aletllmn is conventional lk NAjm (3) S MtIh,leRr Ioal pliee lolbwl Cement points rytithe MAGNAloan fee, lechocWdJ Sellergoal apayct tlNmunl points Sallercoal pay a therloag or aderrd to be ode by Buyec ng moored 8 sotherwPolar Tse pay the ooS of lasbar argot Inot rs to (Including m e for paceItsotherwiseProvidedifdlm Ig Agree nr,e n dTee 5 ox �. _ YON Io r may rin mese rl oegage insurance premrume, ON lee Wsingw d amount 0. CAIIt Farm Pipe favor iEHME L6&e o GAO Fo m9Ach, ane o _$ Goll. Form PPA�paran eoM1 4A'] assumed Pne c v m PM pe rnfLrep_, 00J_ BALANCE OF WRCMSE PRICE Younis Ng wars of oeurig loans and other Corona s) in the srmml Of .$ to AN cepoailed whh Escrow Holger wlNln sufficient time By close e8rof F PURCHASE PPCE(iMALI —$ * LOAN APPLICATIONS: Wharf 7(or- (Days Anor Acwplanes Buyer shell provide Seller Fifer lmm lender or en broker 9eling In,;, based of Buyer III appliance and other April, Buyer Es pregaallPed or Vrvnpprovee for the NEW loan Appear in Iabove. ERWMATON OF DOWN PAYMFMAM CLOSING CM1 Buyer for Buyer s lender of Than broker shall to SG) shall. within I LOAN CONTINGENCY REMOVALg Within 17 (o Ida Roger )DAys Alle Ameplanoe,y BuyaroebaleV ssp cnedlnqff Down wapcosfa. grePc 14 ounce, [he ben central afuyor cancel N(s AgrenmenP OR Q1 6f chaok¢tl Jlho loan eonfinge ncy well remain F cued Nae ALCON loamare mnaeb. APPRAISAL CONTINGENCY AND REMOVAL Th, iema If Were 6 Salo II checked f1 is NOho ronllrgenl anon the PmpeNA hall appeasing at no lesscheck than th, oplayed purchase ein 17 (Or J Days p Aller wasompen eloan Buyeo hall, ancy,ss Is oil ^mpators ragaph l4ki gannole ptmto, uyda..natl Buyer age phrasalecontingency o Agreement onitrpen y. Buyer obeli ns aTeGFred In pa ag raph 11NOthe (Ifche nisi ning JOMparagr paragraphs u_ LOAD CONTINGENCY NGENCY maned does note get AN, in pmagr pm O,SCoroesuwM1emmlrcrs AgrcemeNOT cngnpen this yet Buyer an and em result Buyer noes nal purchase lM1e Properly,9el@e may OL DODnlaked OFFER (Itm� 1:°it or Other legal remol Ne Karan W0 Nnb play pm np,nrr ,l of W[fm niwadam axe this aanEmlen p`rN BaynanNlnN:pT(m:..�DavaA�FrA®plarp�, CLOSING AND OCCUPANCY: Labor hones (or I do,, for intend)fo shall to, Propnoy as Buyers prlmarymeltlo. Am Branch Apevy. Of shell be da Wsm w Buyer at mncy PM,- On the data of Cbm Of _ nAll Close Of mi(GARF PAA, paragraph R) If althe s e, Buyer and Sallarare 111 anal Is enter ,to a w,h cancrucanom Xon oomp Agree �nd(ei)haBull with the,, Ins and legal advisors fork J v EPA�LIFCA REVISED IAS (PAGE I OF By Print Date I�OFREALTORoM INC ALL locond um B � W rwwrar CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT(FPA-0A PAGE OF 8) Evoke Properly Address. One'. (1) _ Ruyan l.Saltsaidl pay for an lnamseron and epcn forbore aea dri pmu and WgenNml l^Redir If slmll M1a premared bya reglemrep toretlUrel pael ii ompony The Rapon banding and allauM1ep studareff and, ildrecked'. O III gmegesand cafWM1s,� tlelaeed deck9 E me following IIM1er aReport or areas iM1e flepon aM1ell not inclutle mol epvenngs. If OR (2) par no 1111 It ccmp0anm ,in any oNcr minMum mandatory gwemmen retro standards, If used as Iorea n of closing III antler any Few pay aanmb pay to, lnsurawdepri spealllee In parwraphr2E Vi I sCapernal � 1991 and _Ifs RPA -CA REVISED mi(PAGE 2 FE)xo aenricw¢l wrvmvxn CALIFORNIA RE310ENTIAL PURCHASE AGREEMENT (RPACA PAGE 2 O 8) Properly Morass: Dare'. (al Sols, spresentstmt au na ae in the pain ao poo mea. are owned F ad IQ, B)1AITHems Inclue¢ shall be mergemed free of laws and sell a emy G REMS EXCLUDED MOM BALE'. 9. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY'. A. Eye 8 eooeplull of IM1e conellnn of and any other matter all IM1e Preporp Is a documents of Fly Agreement ae xllleen mperegre eM suburban 14B. Within the timeosyemllee in normal If Buyer M1all have Had right. Buyers expensea dgreed to Audi nspeo my antl other Melds f'& poleem 11 rleadbao Invader �vm toil'noneesmol net posts and me itglno:inn have theeedbesee pmr,onealer� laedbazeepalm M1msee, lnsunom p9 pe'q ane organisms,)salo mmew any ¢gmleim arx I' the database Byer storm the l ry of Buyer alpM1e rStillnefvl¢r waryeeyrren IB any meller itter ma mtheauseto b Guyed mepeoeon Advisory do mtGAR o > W Still...priorI any eBrer ental sel ad nBrr symbemme:...m Rib or ployeeema Buyerrequired lay iionc'. o, Pp mapadlBna ey any govarnmema m meg w mmnp imspeeBr Br gBvemmem employee pintasla No a Law e, Amer mall Bury, m Barr mvaanorno ane, et Inas paragraph 14B, ramous me reports r human the de lBommum l make IM1e Propey smallarm tar all Buyer lnaosam mpl&aaCopieslea dL Byer loves yetlmil and all o yBuyor bights y gybes bile, mlvalto 5yRrleendly and all Bpemelo phot lights on la Buyers lnvesltgetlme and ihmogn the data possesgon le maeo evelmelemBuyer slas mlJl Q It scalnou Br eusmasw I's . RPA CA REVISED INS(PAGE SOF 9) we� 1'rV°n'v°uli CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA<A PAGE 3 OF 8(