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.
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- 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