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  Residential Property Report Ordinance  
 
GENERAL INFORMATION
 
  City of Carson Ordinance Number 99-1155, effective July 1, 1999, requires that a Residential Property Report (RPR) be obtained from the city before the sale, exchange, or transfer of previously occupied residential property. The report is based on an inspection that must be performed by the city’s Building and Safety Division before the property is transferred. The report protects both the buyer and seller and allows the city to verify that residential buildings meet certain zoning and building code requirements at time of sale.

 

Violations identified by the RPR inspection must be corrected. In nearly all cases, corrective work must be completed before the execution of the sales agreement for the property and issuance of the RPR. An alternative is available that allows the buyer to assume responsibility by obtaining a Property Remediation Agreement, but an inspection must be done first. A Property Remediation Agreement is only authorized for unusual circumstances and is not intended as a means for the applicant to circumvent the timely completion of corrections identified in the RPR.

 

 
RPR PROCESS
 

 

APPLICATION

The seller or the seller’s representative (the applicant) must fill out an application form and an application fee must be paid at the time the application is submitted to the Building and Safety Division. The application has a statement that authorizes the inspector to enter the property to make the inspection which the applicant must sign. Prospective buyers of property may not submit applications. If the applicant is not the resident of the property, arrangements should be made with the resident before the inspection is scheduled. The inspector will not inspect without the occupant’s consent.

 

Please note, all real estate agents or brokers doing business in Carson must secure a Carson Business License per Section 6310 of the Carson Municipal Code.

FEES

  • One or Two Units - $100.00, each additional unit is $25.00 (fee covers 2 inspections)
  • Vacant Land - $50.00
  • Late Application (when submitted after the execution of a sale agreement) - $150.00
  • Inspection Cancellation (failure to appear for scheduled inspection) - $25.00 each incident
  • Property Remediation Agreement Fee - $150.00

Effective September 1, 2010:

Single-Family Residential (up to two units) - $150.00

Each additional unit over two - $25.00 per unit

Condominium - $100.00

Vacant Land - $50.00

Extra Inspections (third & additional) - $100.00 each inspection

Inspection Cancellation (failure to cancel or no show) - $25.00

Late Application - $300.00

Property Remediation Agreement - $150.00

 
THE INSPECTION

Once arrangements have been made with the resident(s), the applicant should contact the Building and Safety Division staff at (310) 952-1766 between 7:00 AM – 6:00 PM, Monday through Thursday, to schedule the inspection.  Inspections will be conducted during regular inspection hours, generally between 9:00 AM – 5:00 PM, Monday through Thursday.  The applicant must call the inspector the day of the scheduled inspection between 7:00 – 8:30 AM to confirm the appointment and receive a time window for the inspection, if available.  In most cases, corrections are noted by the inspector.  Applicants are highly encouraged to be present at the inspection to better understand any necessary corrections.  Additional fees will be charged for additional inspections due to the need to clarify the correction list because the applicant or authorized representative was not present at the initial inspection.

 

Inspections conducted in conjunction with the preparation of a residential property report shall be limited to the exterior areas of the subject property and to the interior areas of attached garages and/or accessory buildings such as detached garages, laundry rooms and storage sheds. If the inspector has reasonable cause to believe that a main dwelling unit has been illegally subdivided, then an interior inspection of such building shall be conducted. Interior inspections also shall be conducted as necessary to determine whether portions of the building were constructed with the proper permits and whether window security bars are equipped with a proper release mechanism. If the applicant refuses to consent to an inspection, or frustrates an inspection for which consent was given, then the inspection shall be conducted pursuant to an inspection warrant as required by law.

 

It should be noted that the inspection is limited in scope.  It is not intended to evaluate the condition of any particular building element.  For example, the inspection would not detect a roof that leaks and require the leak to be fixed.  Buyers should exercise caution in purchasing property and it is highly recommended that a private inspector be hired to conduct a detailed report.

 

 

CORRECTION LIST

Should code violations be found at the property, a correction list is provided to the applicant.  It is the responsibility of the applicant to correct violations prior to transfer.  If unpermitted construction has been found, one of the requirements will be that the owner obtains the required permits and inspections to determine that the work complies with applicable codes. 

 

Otherwise, when noted violations have been corrected, the applicant should make arrangements for a reinspection.  Due to the nature of some code violations, corrections may be required upon reinspection.  When all conditions have been satisfied, the inspector will issue a RPR release authorization to the applicant.  In very few circumstances, the buyer may assume responsibility for the corrections by completing a Property Remediation Agreement to ensure that corrections will be done in a timely manner after the transfer.  Property Remediation Agreements are not automatically allowed and shall be considered based upon special circumstances.   

 

THE RPR

Following the inspection, or reinspection in cases where violations were found and a correction list was issued, the inspector will prepare the RPR. It will be made available to the applicant within ten working days of the inspection.  The applicant must provide the buyer with a copy of the RPR.  The owner must file written proof with the city that the RPR was provided to the buyer within ten business days of transfer of title or conveyance of ownership.  In cases where a Property Remediation Agreement is done, the RPR will be included as an attachment to the agreement.


DURATION OF THE RPR

The RPR shall be null and void six months after the date of issuance unless previously extended by the Director.  The Director may extend the validity of a RPR, free of charge, for a period of four months upon showing of good cause.

 

 

EXEMPTIONS

The following are exempt from the requirement for a RPR: 

  • The first sale of a residential building or condominium located in a subdivision whose final map has been approved and recorded in accordance with the Subdivision Map Act within two years of such sale.
  • Mobile homes in mobile home parks, trailers and apartment houses occupying land on a month-to-month rental or annual lease agreement where land sales are not involved and the use is in compliance with the city's rules and regulations.
     
  • Transfers pursuant to a court order.
     
  • Transfers to a mortgagee by a mortgagor in default, transfers to a beneficiary to a deed of trust by a trustor in default, transfers by foreclosure sale after default, transfers by foreclosure sale under default in an obligation secured by a mortgage, or transfers by sale under a power of sale after default in an obligation secured by a deed of trust or another instrument containing a power of sale.  (Note: Transfers to a mortgagee by a mortgagor in default are exempt from the Residential Property Report requirement; however, the subsequent sale of the property is subject to the requirements.)
     
  • Transfers by a fiduciary in the course of the administration of a guardianship, conservator ship or trust.
     
  • Transfers between co-owners.
     
  • Transfers between spouses resulting from a marriage dissolution decree, a legal separation decree or from a property settlement incidental to such decree.
     
  • Transfers solely for the purpose of refinancing existing debt secured by the residential real property.
     
  • Transfers into a family trust or living trust where the owner is the beneficiary or trustee of the trust.

 

 

 

FREQUENTLY ASKED QUESTIONS

 

Who is responsible for getting the Residential Property Report (RPR)?

The property owner (seller) or their authorized agent must complete and submit the application with appropriate fee, set up inspection(s) and meet with the inspector at the property. 

 

Are foreclosed or bank owned properties exempt?

No, transfers to a mortgagee by a mortgagor in default are exempt from the Residential Property Report (RPR) requirement.  However, the subsequent sale of the property is subject to the RPR requirements.

 

What is the buyer’s role in the Residential Property Report (RPR)?

The buyer does not take an active part in the process.  The seller must provide the buyer a copy of the RPR release authorization and must also provide the City written proof that a copy of a valid RPR for such property has been provided to the buyer within ten business days of transfer of title or conveyance of ownership.  Only in the case of a Property Remediation Agreement, will the buyer be involved, but only after an inspection has been made and the seller receives authorization from the City for such Agreement.

 

What does the inspection cover?

The inspection will concentrate on the exterior of the buildings.  The inspector will consider building permit history and zoning information for the property.  The inspector will ask to look inside the garage and any detached accessory buildings.  If the garage is attached to the house, the door between the house and the garage must meet code requirements (i.e. no openings in the fire wall and no direct connection to a bedroom).  The inspector may also ask to look inside the residence, if necessary, to verify that the building has not been modified to provide separate residential units not authorized by the original building permits.  Special attention will be paid to make sure that security bars have complying release devices where required.  Water heaters and exposed electrical outlets and wires must be to code with GFCI protection.  Swimming pools and spas must have appropriate safety signage, self-closing and self-latching gates, and meet other code requirements.

 

It should be noted that the inspection is limited in scope.  It is not intended to evaluate the condition of any particular building element.  For example, the inspection would not detect faulty plumbing or termite damage.  Buyers should exercise caution in purchasing property and it is highly recommended that a private inspector be hired to conduct a detailed report. 

 

Applicants are encouraged to be present at the inspection.  In most cases, corrections are noted by the inspector. Additional fees may be charged prior for re-inspections for the primary purpose of answering questions arise from the correction list because the applicant was not present at the inspection.

 

How do I get an application for the Residential Property Report (RPR)?

Click here for application  or visit city hall and obtain a copy from the Building and Safety Division.


Who do I call to schedule an inspection?

You may contact the Building and Safety Division staff at (310) 952-1766 between 7:00 AM – 6:00 PM, Monday – Thursday.  Inspection appointments are made by office staff.  Inspector’s office hours are between 7:00 AM – 8:30 AM, Monday – Thursday.

 

Please note: You must call the building inspector during their office hours the day of your scheduled inspection to confirm your appointment and receive a time window, if available, or your inspection may be canceled and a fee will apply.  Any residential property report applicant who fails to appear for a scheduled inspection, or who cancels a scheduled inspection less than twenty-four (24) hours prior to commencement, shall pay an inspection cancellation fee in an amount established by City Council resolution.

 

What if violations are found?

Should code violations be found at the property, a correction list is provided to the applicant.  It is the responsibility of the property owner to correct violations prior to transfer.  If unpermitted construction has been found, one of the requirements will be that the property owner obtains the required permits and inspections to determine that the work complies with applicable codes.  However, in very few circumstances the buyer may assume responsibility for the corrections by completing a Property Remediation Agreement to ensure that corrections will be done in a timely manner after the transfer.  Property Remediation Agreements are not automatically allowed  and are approved on a case by case basis.

 

Otherwise, when noted violations have been corrected, the applicant should make arrangements for a reinspection.  Due to the nature of some code violations, corrections may be required upon reinspection.  When all conditions have been satisfied, the inspector will issue a RPR release authorization to the applicant.

 

What are the fees?

  • One or Two Units - $100.00, each additional unit is $25.00 (fee covers 2 inspections)
  • Vacant Land - $50.00
  • Late Application (when submitted after the execution of a sale agreement) - $150.00
  • Inspection Cancellation (failure to appear for scheduled inspection) - $25.00 each incident
  • Property Remediation Agreement Fee - $150.00

 

Do I need a City business license even though my office is not physically located within the City?

Yes, Section 6310 of the Carson Municipal Code (CMC) requires everyone who conducts or purports to conduct, either directly or indirectly, any business, profession, trade or occupation, whether or not said person has a fixed place of business within the City, to pay a Business Tax.  You may contact the Business License Division directly at (310) 952-1748 for more information or click here to be connected to the webpage.

 

What is this Notice of Residential Property Report Requirement that shows up on title?

On October 4, 2005, Carson City Council directed that a notice be recorded on the title of all residential properties required to obtain a Residential Property Report (RPR) prior to sale or transfer of residential property.  The purpose of the notice is to ensure that property owners and their representatives are fully aware of the requirement to obtain a RPR.  This was done in addition to other forms of outreach to inform interested parties of the RPR requirement.  Title cannot clear until the RPR process is completed.

 

 

Division of Building and Safety
701 E. Carson St., Carson, CA 90745
(310) 952-1766