Ordinance No. 989
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ORDINANCE NO. 989
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF VERNON AMENDING CHAPTER 19A OF THE
CODE OF THE CITY OF VERNON BY RETITLING
THE CHAPTER AND BY ADDING ARTICLE 2, REAL
ESTATE TRANSFER DISCLOSURE ORDINANCE,
DECLARING THE URGENCY THEREOF, AND THAT IT
WILL TAKE EFFECT AFTER SECOND READING
IMMEDIATELY ON ADOPTION
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WHEREAS, California civil Code Sections 1102 through
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1102.15 establish rules and regulations for "Disclosures upon
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Transfer of Residential Property" in the State of California and
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pursuant to Section 1102.6 and 1102.6a provides forms for
disclosure purposes; and
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WHEREAS, California Civil Code Section 1102. 6a
authorizes the City to adopt an ordinance imposing additional
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disclosure requirements and provides "Such an ordinance adopted
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prior to July 1, 1990, may be amended thereafter to revise the
disclosure requirements of the ordinance,
in the discretion of
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the city council"; and
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WHEREAS, Article IV, Section 4 of the Charter of the
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City of Vernon authorizes the City Council to declare that an
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ordinance is "an emergency measure for the immediate protection
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of the public peace,
or safety and containing a
health,
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statement of the reasons for its urgency;" and
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WHEREAS, real estate in city of Vernon is devoted
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almost exclusively to
industrial purposes
which pose unusual
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problems for potential purchasers and developers in terms of
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prior and present land uses, ground contamination, zoning
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regulations and requirements,
street access and dedication, and
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proposed redevelopment plans; and
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WHEREAS, the City Council of the City of Vernon has a
responsibility to land owners and potential purchasers and
developers in the City of Vernon to insure that full disclosure
of the unusual circumstances surrounding land use in the City of
Vernon be made to all parties; and
WHEREAS, information regarding the location of
hazardous waste treatment facilities, hazardous waste storage
sites, existing underground storage tanks, and proposition 65
sites is available from various public agencies for the use of
all landowners in the City of Vernon; and
WHEREAS, the comprehensive zoning ordinance and the
redevelopment plans of the City of Vernon are a matter of public
record.
THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS
FOLLOWS:
SECTION 1: Findinqs.
The City Council of the City of Vernon hereby finds and
determines that the recitals contained hereinabove are true and
correct.
SECTION 2: Retitlinq of Chapter 19A.
Chapter 19A of the Code of the City of Vernon titled
"Real Property Transfer Tax" is hereby retitled "Real Property
Transfers."
SECTION 3: Reorqanization of Chapter 19A.
Sections 19A.1 through 19A.11 of Chapter 19A of the
Code of the City of Vernon shall hereafter be known and titled
as Article 1, "Real Property Transfer Tax."
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SECTION 4: Amendment of Section 19A.1.
Section 19A.1 of the Code of the City of Vernon is
amended to read:
Sec. 19A.1. Short title; adoption authority.
This article shall be known as the "Real Property
Transfer Tax Ordinance of the City of Vernon." It is adopted
pursuant to the authority contained in Part 6.7 (commencing with
Section 11901) of Division 2 of the Revenue and Taxation Code of
the State of California.
SECTION 5: Adoption of Ordinance.
Article 2 of Chapter 19A entitled "Real Estate Transfer
Disclosure Ordinance" attached hereto as Exhibit A and made a
part hereof by reference is hereby enacted.
SECTION 6: Declaration of Urqency.
This ordinance is being adopted pursuant to California
Civil Code Section 1102.6A which contains an authorized adoption
date of July 1, 1990, which cannot be met if the adoption date
takes place thirty (30) days following the second reading.
Consequently the City Council of the City of Vernon finds that
this ordinance is urgently required for the immediate protection
of the public safety, health andlor welfare, and that, absent
its adoption prior to July 1, 1990, there would be an immediate
threat to the public health, safety, andlor welfare and that the
ordinance shall be adopted and effective upon its second
reading.
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SECTION 7: Additional Findings.
This ordinance is further necessary to preserve and
protect businesses, landowners, tenants, residents, employees,
the present and future character of property, and the value of
property, and that it is necessary to avoid litigation and its
expense, and to permit the orderly transfer of real estate in
the City of Vernon. An additional current and immediate threat
to the public health, safety and welfare exists in that the sale
and transfer of real property in the City of Vernon needs to be
accompanied by complete disclosure of the condition of property
as set forth in this ordinance in order to protect the public
health and welfare.
SECTION 8: Any ordinance, part of an ordinance, or
code section in conflict with this Ordinance is hereby repealed.
SECTION 9: If any section, subsection, sentence,
clause, or phrase or word of this ordinance is for any reason
held to be void or unconstitutional, such decision shall not
affect the validity of the remaining portions of this ordinance;
it being the intention of the City Council of the City of Vernon
to adopt and pass this ordinance and each section, subsection,
sentence, clause or phrase thereof irrespective of the fact that
one or more of the sections, subsections, clauses, sentences or
phrases thereof may be declared void or unconstitutional.
SECTION 10: There being no newspaper printed,
published or circulated in the City of Vernon, the City Clerk is
hereby directed to certify to the passage of this ordinance and
shall post the same, or cause the same to be posted, within
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1 fifteen (l5) days after its passage in accordance with Section
2 36933 of the Government Code, in three (3) of the most public
3 places in the City of Vernon, to wit: the northwest corner of
4 38th Street and Santa Fe Avenue, the northeast corner of Leonis
5 Boulevard and Pacific Boulevard, and on the bulletin board in
6 the lobby of the City Hall of said City, located at 4305 Santa
7 Fe Avenue, all in the City of Vernon, County of Los Angeles,
8 State of California.
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SECTION 11: That this ordinance shall be in full force
10 and effect immediately upon its passage.
11 APPROVED AND ADOPTED this 5th day of June, 1990.
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~oMr;r-/ y';~,<~a;;:r:~'~o-Tem
AT;1: _ ~~D
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Ordinance, being
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Ordinance No. 989, was duly and regularly introduced at a
regular meeting of the City Council of the City of Vernon, held
on Tuesday, May 15, 1990, as an emergency ordinance and
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thereafter by the following vote finally adopted at a regular
meeting of said City Council held on Tuesday, June 5, 1990,
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taking effect on the same date and thereafter duly signed by the
Mayor of the City of Vernon.
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AYES:
Councilmen: Ybarra, McCormick, Davis,
Gonzales
NOES:
Councilmen: None
ABSENT:
Councilmen: Malburg (excused)
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BRUCE V.
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MALKENHORST, City Clerk
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EXHIBIT A
Article 2
Real Estate Transfer Disclosure Ordinance
Sec. 19A.15. Short title; adoption authority.
This article shall be known as the "Real Estate
Transfer Disclosure Ordinance" and is adopted pursuant to the
provisions of section 1102.6a of the civil Code of the State of
California.
Sec. 19A.16. Real estate disclosures.
Every transferor of land whether a person, partnership,
corporation, estate, or other owner which is situated wholly or
partly within the corporate limits of the City of Vernon shall
furnish to a prospective transferee of said land, whether by way
of purchase or lease for a term of five (5) or more years, a
copy of the Real Estate Transfer Disclosure Statement described
in section 19A.22 of this article and shall include in said
statement the information required by this ordinance.
Sec. 19A.17. Environmental site assessment.
Every such transferor shall conduct an environmental
site assessment of the real property in accordance with the
guidelines established by the Health Officer of the city of
Vernon. The results of said environmental site assessment and
the Real Estate Transfer Disclosure statement shall be filed
with the Health Officer as a public record and shall be
furnished to the transferee.
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Sec. 19A.18. Facilities.
Every such transfer shall include in the environmental
site assessment a disclosure of the location and use of any
underground facilities of any kind including but not limited to
storage tanks, clarifiers, monitoring devices, meters, pipes,
conduits, drains, and drainage basins. A disclosure of the
location of above ground facilities which involve or have
involved the use, storage, transport, or disposal of any
hazardous materials shall also be included. Said information
shall be attached to the environmental site assessment.
Sec. 19A.19. No limitation on other disclosure requirements.
The environmental site assessment and disclosures
required by this article shall be in addition to any other such
assessment, tests, or disclosures required by any other statute,
rule, regulation, or ordinance, and shall not be construed as an
exception or limitation thereon.
Sec. 19A.20. Environmental site assessment elements.
The Health Officer may require the environmental site
assessment to include:
(a) historical research on the site and adjoining
properties, such as ownership, tenancies, uses,
building and architectural records, etc.;
(b) a phototgraphic record of the site and the
surrounding area;
(c) a rev iew of the site geology, topography,
stratigraphy, hydrology, and vegetation;
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(d) interviews with persons familiar with the past and
recent use of the site and its surrounding;
(e) additional chemical analyses of ground, hydrology,
and structures and a review of chemical management
practices past and present; and
(f) integrity testing of all underground and
aboveground facilities.
Sec. 19A.21. Qualifications for testing.
All soil, chemical, or other such tests and surveys
shall be conducted by qualified individuals or firms approved by
the Health Officer. Qualifications shall include but are not
limited to education, experience, expertise, professional
credentials, and licenses.
Sec. 19A.22. Real estate transfer disclosure statement.
The form for the Real Estate Transfer Disclosure
statement shall be prepared by the Health Officer in
substantially similar form to the disclosure statement contained
in Section 1102.6a of the Civil Code of the State of California.
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SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF VERNON )
I, BRUCE V. MALKENHORST, CITY CLERK of the City of
Vernon, do hereby certify that I did, on the 7th day of
June 1990, have posted three (3) copies each of:
Ordinance No. 987;
Ordinance No. 988; and
Ordinance No. 989;
one in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast
corner of Leonis Boulevard and Pacific Boulevard; and on the
bulletin board in the lobby of the City Hall of the City of
Vernon, located at 4305 Santa Fe Avenue, all in said City,
there being no newspaper of general circulation printed and
published in the City of Vernon.
Signed this /jCl..- day of
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'fL~Lf:. / . ' 199d.
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Bruce V. Malkenhorst,
City Clerk
OFFICIAL SEAL
GLORIA J. OROSCO
NOTARY PUBUC . CAlifORNIA
LOS ANGElES COUNTY
My COnvn. Expires MIy 26, 199~