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HomeMy WebLinkAboutORD NO 3674ORDINANCE NO. 8 6 ? 4 AN ORDINANCE AMENDING SECTION 13.08.060 OF THE BAKERSFIELD MUNICIPAL CODERELATINO TO NOTICE TO BUYERS OF SPECIAL ASSESSMENT DISTRICT LIENS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 13.08.060 of the Bakersfield Municipal Code is hereby amended to read as follows: 13.08.060 Notice to Buyer. A. Deliverv of Local Addendum TDS. All transferrors (sellers) of real property (including developers) subject to any special assessment district liens in the City of Bakersfield shall deliver to the buyer a completed Local Addendum Transfer Disclosure Statement pursuant to California Civil Code section 1102.6(a), in which the nature and amount of all existing and/or proposed special assessment liens regarding the property shall be set forth plainly and concisely. This requirement applies to transfers by sale, exchange, installment land sale contracts (as defined in Civil Code section 2985), lease with option to purchase, any other option to purchase, or ground lease coupled with improvements, unless the transfer is exempt as set forth in Paragraph C below. If the seller is unaware of the exact amount of the special assessment lien, the seller shall estimate the lien amount based on information and knowledge available or known to seller at the time of the disclosure. B. Time of Deliverv. In the case of transfers of new one- to-four unit residential properties wherein the transferror is a developer or original builder and the residential property has not previously been occupied, the Local Addendum Transfer Disclosure Statement shall be delivered to the buyer at or prior to the time the buyer enters into a contract for the sale of the property. In all other cases, the Local Addendum Transfer Disclosure Statement shall be delivered to the buyer within five days after entering into a contract for the sale of the property. C. Exempt Transfers. Transfers made pursuant to Business and Professions Code Section 11010.4 (sales of new 1-4 unit residential properties where no public report is required) shall not be exempt from the requirements of this ordinance. However, each of the remaining categories of exempt transfers described in California Civil Code Section 1102.01, as set forth below, shall be exempt transfers from the requirements of this ordinance, to wit: Transfers pursuant to Court Order (such as probate sales, sales by bankruptcy trustee, etc.); Transfers by foreclosure (including a Deed in Lieu of Foreclosure and a transfer by a beneficiary who has acquired the property by foreclosure or Deed in Lieu of Foreclosure); Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 4. Transfers from one co-owner to one or more other co-owners; 5. Transfers made to a spouse or to a direct blood relative; 6. Transfers between spouses in connection with a dissolution of marriage or similar proceeding; Transfers by the State Controller pursuant to the Unclaimed Property Law; Transfers as a result of a failure to pay property taxes; Transfers or exchanges to or from any governmental entity. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... - Page 2 of 3 Pages - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City o~.A~akersfield at a regular meeting thereof held on $~p 27 l~b , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SUllIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILI~EMSER CTT¥ CT.ERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED $EP 2 ? 1995 APPROVED AS TO FORM: JUDY K. SROUSEN City Attorney Chief Assistant City 'Attorney RMS: rb/meg MEG:ORD95-1/DISCLOSUR.ORD - Page 3 of 3 Pages - AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) CAROL WILLIAMS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 28th day of September, 1995 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3674, passed by the Bakersfield City Council at a meeting held on the 27th day of September, 1995, and entitled: AN ORDINANCE AMENDING SECTION 13.08.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO NOTICE OF BUYERS OF SPECIAL ASSESSMENT DISTRICT LIENS By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield