Loading...
Ordinance - 1327ORDINANCE NO. 1327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADDING SECTION 9135 TO THE WEST COVINA MUNICIPAL CODE, REQUIRING THE DEVELOPERS �• OF RESIDENTIAL TRACTS TO PREPARE AND DISTRIBUTE TO PROSPECTIVE HOME BUYERS AN INFORMATION PACKAGE, DECLARING THE URGENCY THEREFOR AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY. The City Council of the City of West Covina does ordain as follows: SECTION.I. Section 9135 is added to the West Covina Municipal Code to read: "91,35. Information Package for Prospective Purchasers of Subdivided Land. In addition to the subdivision report prepared by the State;Real'Estate Commissioner, the owner, his agent or the subdivider of a resi- dential subdivision containing five or more single family residences or condominium units shall prepare or cause to be prepared a package of information for distribution to prospective purchasers of homes or units in the subdivision containing the following: (a) The zoning applicable to the property being subdivided and to the property which is contiguous thereto. (b) The text of the Land Use Element of the City's General Plan which is applicable to the subdivision and to the property which is contiguous thereto. (c) The location of existing and proposed schools which the children of purchasers of property within the subdivision may be expected to attend. (d) A copy of any conditions, covenants and restrictions which are applicable to property within the subdivision. (e) Any additional information deemed necessary or appropriate to fully inform prospective purchasers of property within the tract of the conditions which exist within the tract and within areas contiguous thereto. The owner, his agent or the subdivider shall submit the proposed package of information to the Director of Planning of the City of • West Covina for approval as to form and content. The Planning Director may require amendments or the addition of information to the package. A copy of the package as finally approved shall be filed with the Director of Planning prior to its distribution. Sales agents of the owner or the subdivider shall deliver a copy of the package of information to each prospective buyer of property within the subdivision and prior to accepting a deposit on any such • property the sales agent shall require the prospective buyer to sign a receipt acknowledging that a copy of the package of information has been delivered to him. The receipt shall contain the sales agent's name, the owner or developer's name, the lot and tract number, the date of the delivery of the information package, and the purchaser's printed name and signature. • Within ten days after the close of escrow on the initial sale of any residence or.condominium in the tract, the owner, the developer, or his agent shall file a copy of the receipt for the package of infor- mation with the Planning Director of the City of West Covina. The provisions of this section shall be applicable to the initial sale of residences or condominium units in existing tracts or developments, as well as to all tracts or developments hereafter approved within the City of West Covina. The provisions of this section shall not require the furnishing of any information to a prospective purchaser of property which is contained in the subdivision report prepared by'the State Real Estate Commissioner. The failure of any owner, subdivider or sales agent to obtain the approval of the Planning Director of the information package before selling property within the tractor the failure to deliver the package of information and to obtain a 're'ce.ipt therefor from prospective buyers of property shall constitute a misdemeanor punishable in the manner and to the extent provided by law. SECTION 2. This ordinance is declared to be an ordinance for the immediate protection of the public health, safety and general welfare and shall take effect upon its adoption. The facts consti- tuting the urgency hereof are as follows: The City Council has found and determined that prior to purchasing residential property within the City of West Covina the purchasers were unaware of information needed to fully assess the existing or proposed conditions within the tract and the community environment in which the tract is located. In order to ensure that full and complete information with respect to those matters is made available to prospective purchasers of residential property within the City, it is essential that this ordinance take effect immediately. SECTION 3. The City Clerk shall certify to the passage of this ordinance and cause the same to be published in the manner required by law. ATTEST: Passed and approved this da bf February 1977. City Clerk -2- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF WEST COVINA ) • I, LELA W. PRESTON, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1327 was regularly introduced and placed upon its first reading -at a regular meeting of the City Council on the 14th day of-, February 1977. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 14thday.Of February 1977, by the following vote, to wit: AYES: Councilmen: Miller, Chappell, Shearer, Tice, Browne. NOES: Councilmen: None ABSENT: Councilmen: None City Cleerk APPROVED AS TO FORM: ti City Attorney • -3-