Ordinance No. 1007
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ORDINANCE NO. 1007
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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 LIMITING ARTICLE 2, REAL ESTATE
DISCLOSURE ORDINANCE, TO RESIDENTIAL USES
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WHEREAS, on June 5, 1990, by Ordinance No. 989, the City
council of the City of Vernon added Article 2, Real Estate Transfer
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Disclosure Ordinance, to Chapter 19A, Real Property Transfers, of
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the Code of the City of Vernon; and
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WHEREAS, Ordinance No. 989 was adopted in order to
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implement California civil Code Sections 1102 through 1102.15 which
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establish rules and regulations for "Disclosures Upon Transfer of
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Residential Property" in the State of California; and
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WHEREAS, California Civil Code section 1102. 6a provides
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that "Such an ordinance adopted prior to July 1, 1990, may be
amended thereafter to revise the disclosure requirements of the
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ordinance, in the discretion of the city council"; and
WHEREAS, Ordinance No. 989 was made applicable to all land
in the City of Vernon since under the Zoning Ordinance residential
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dwellings may be constructed as a matter of right or by conditional
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use permit within all zones in the City of Vernon; and
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WHEREAS, the Director of Health and Environmental Services
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has recommended that the Real Estate Transfer Disclosure Ordinance
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be restricted to land which is being sold for the purpose of
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residential use in the City of Vernon; and
WHEREAS, real estate in the City of Vernon is devoted
almost exclusively to industrial purposes which pose unusual
problems for potential residential uses in terms of prior and
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present land uses which may have caused ground and water
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contamination; and
1 WHEREAS, the City Council of the city of Vernon has a
2 responsibility to potential purchasers and developers of land for
3 residential purposes in the City of Vernon to insure that full
4 disclosure of the unusual circumstances surrounding land use in the
5 City of Vernon be made to all parties; and
6 WHEREAS, information regarding the location of hazardous
7 waste treatment facilities, hazardous waste storage sites, existing
8 underground storage tanks, and proposition 65 sites is available
9 from various public agencies for the use of all landowners in the
lO City of Vernon.
II THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS
l2 FOLLOWS:
l3 SECTION 1: Findinqs.
l4 The City Council of the city of Vernon hereby finds and
l5 determines that the recitals contained hereinabove are true and
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l7 SECTION 2: Amendment of section 19A.15.
l8 section 19A.15 of the Code of the City of Vernon is amended
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20 Sec. 19A.15. Short title; adoption authority; application.
2l This article shall be known as the "Real Estate Transfer
22 Disclosure Ordinance II and is adopted pursuant to the provisions of
23 Section 1102.6a of the civil Code of the State of California. This
24 article shall apply only to real property which is transferred to a
25 transferee for a single-family or multiple residential use, a motel,
26 a hotel, a hospital, a convalescent facility, or a similar non-
27 industrial use in the City of Vernon, and only if said transferee
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1 discloses to the transferor that said land will be used for such
2 residential purposes. This article shall not apply to any real
3 estate transfer which is exempted by Article 1.5, Disclosures Upon
4 Transfer of Residential Property (beginning with Section 1102), of
5 Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code of
6 the State of California.
7 SECTION 3: Amendment of section 19A.16.
8 Section 19A.16 of the Code of the City of Vernon is amended
9 to read:
lO Sec. 19A.16. Real estate disclosures.
II Every transferor of land subject to this article, whether
l2 a person, partnership, corporation, estate, or other owner, which is
l3 situated wholly or partly within the corporate limits of the city of
l4 Vernon, shall furnish to a prospective transferee of said land,
l5 whether by way of purchase or lease for a term of five (5) or more
l6 years, a copy of the Real Estate Transfer Disclosure Statement
l7 described in section 19A.22 of this article and shall include in
l8 said statement the information required by this ordinance.
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20 SECTION 4: Any ordinance, part of an ordinance, or code
2l section in conflict with this Ordinance is hereby repealed.
22 SECTION 5: If any section, subsection, sentence, clause,
23 or phrase or word of this ordinance is for any reason held to be
24 void or unconstitutional, such decision shall not affect the
25 validity of the remaining portions of this ordinance; it being the
26 intention of the City Council of the City of Vernon to adopt and
27 pass this ordinance and each section, subsection, sentence, clause
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1 or phrase thereof may be declared void or unconstitutional.
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SECTION 6: There being no newspaper printed, published or
3 circulated in the City of Vernon, the City Clerk is hereby directed
4 to certify to the passage of this ordinance and shall post the same,
5 or cause the same to be posted, within fifteen (15) days after its
6 passage in accordance with section 36933 of the Government Code, in
7 three (3) of the most public places in the city of Vernon, to wit:
8 the northwest corner of 38th Street and Santa Fe Avenue, the
9 northeast corner of Leonis Boulevard and Pacific Boulevard, and on
lO the bulletin board in the lobby of the City Hall of said City,
II located at 4305 Santa Fe Avenue, all in the City of Vernon, County
l2 of Los Angeles, State of California.
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SECTION 7:
The City Clerk of the City of Vernon shall
l4 certify to the passage of this ordinance, and thereupon and
l5 thereafter the same shall be in full force and effect.
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ATT~
BRUCE V.
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APPROVED AND ADOPTED this 17th day of March, 1992.
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MALKENHORST, City Clerk
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l8 (SEAL)
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
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do hereby certify that the foregoing Ordinance, being Ordinance No.
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1007, was duly and regularly introduced at a regular meeting of the
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City Council of the City of Vernon, held on Tuesday, March 3, 1992,
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and thereafter finally adopted at a regular meeting of said City
Council held on Tuesday, March 17
, 1992, and thereafter was duly
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signed by the Mayor of the City of Vernon, by the following vote:
AYES:
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Councilmen:
Malburg, Ybarra, Davis
McCormick, Gonzales
NOES:
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Councilmen:
None
ABSENT:
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Councilmen:
Non/~
MALKENHORST, City Clerk
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BRUCE V.
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SUPPORTING
DOCUMENTS
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CITY COUNCIL
LEONIS c. MALBURG
Mayor
THOMAS A. YBARRA f JJ,'/ Ie
Mayor Pro-Tern L/J '
Wm_ "BILL" DAVIS '( '; LJ/. L/
Councilman V \ .
H. "LARRY" GONZALES (}/J i
W. MICH~o:~c:~ORMICK r(' ,)),
Councilman ~
OFFICERS
DMINISTRA T~pvF~~LKENHORST,
A 'Y Or' VC'R~o.M>dministrator/Citv Clerk
ell I' L- ~ '
DA VID B. BREARLEY,
City Attorney
VICTOR H. V AITS,
Director of Community Services
KENNETH J. DEDARIO
Director of Light & Power
LARRY SPADT,
Fire Chief
Y HALL
LOUIS ROSENKRANTZ
Police Chief
43u5 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811 · FAX (213) 581-7924
February 27, 1992
In Reply Refer 10:
VIA TELECOPIER AND MAIL
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
4305 Santa Fe Avenue
Vernon, California 90058-0805
Re: Real Estate Transfer Disclosure Ordinance
Dear Bruce:
The Real Estate Transfer Disclosure Ordinance was adopted in
1990 to take advantage of a statute on transfers of residential
properties in California. The statute authorized adoption of a
local ordinanc;:_e_..and ualso'permi~e..g an amendment such as that which
is enclosed~s Ordinance No. 10~~
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The original City ordinance was made applicable to all
property in the city of Vernon because residential uses are
authorized in all zones. But Norm Michiels has discovered that
enforcement of disclosure statements for industrial uses is
impractical. He has requested that it be limited in its
application.
The proposed amendment will protect purchasers of property for
residential uses such as homes, apartments, motels, hotels,
convalescent facilities, hospitals, etc. It will also maintain the
City's power to scrutinize transfers for such uses and to insure
that under-ground tanks, pipelines, etc. are abated and
contamination removed or sealed.
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AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF VERNON
I, GLORIA J. OROSCO, CHIEF DEPUTY CITY CLERK of the
City of Vernon, do hereby certify that I did, on the 23rd day of
March, 1992 have posted three (3) copies of:
ORDINANCE NO. 1007 - Amending Chapter 19A of the
Code of the City of Vernon by Limiting Article 2,
Real Estate Disclosure Ordinance, To Residential
Uses
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.
0Date: March 2a, 1992
Clerk
Subscribed and sworn to before me
this ~\~- day of ~~~ , 1992.
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Notary Public in and for the County
of Los Angeles, State of California
:pstngafd
. OFFICIAl. SEAL
. ...... SHARON L DUCKWORIH
. Notay N*-calrornIa
LOS ANCiIILD COUN1V
Mv COI.~IlD!' _.
..... 9. 1995