HomeMy WebLinkAboutOrd 37-87 SparkArrestSell PropORDINANCE NO. 37-87
AN ORDINANCE OF THE CITY OF DUBLIN REQUIRING THE INSTALLATION
OF SPARK ARRESTORS ON EXISTING CHIMNEYS ON TRANSFER OF
PROPERTY BY SALE OR EXCHANGE
The City Council of the City of Dublin does orda'in as follow~:
Section I.
Spark Arrestors; Single-Family dwellings transfer of property by sale or
exchange.
(a) On and after the effective date of this Ordinance, every single-
family dwelling which is sold and which has an appliance or fireplace
connected to a chimney shall terminate in a spark arrestor. Said spark
arrestor shall be constructed with 12 gauge minimum welded or woven wire mesh
which will not permit passage of spheres having a diameter larger than ) inch,
nor block passage of spheres having a diameter of less than 3/8 inch. The
spark arrestor shall have a net free area of not less than four (4) times the
net free area of the chimney it serves.
(b) On and after the effective date of this Ordinance, the transfer
of any real property containing a single-family dwelling, whether the transfer
is made by sale, exchange, or real property sales contract, as defined in
Section 2985 of the State Civil Code, shall deliver to the transferee a
written statement indicating that the transferor is in compliance with this
section. The disclosure statement shall be either included in the receipt for
deposit in a real estate transaction, an addendum attached thereto, or a
separate document.
(c) The transferor shall deliver the statement referred to in
subdivision (b) as soon as practicable before the transfer of title in the
case of a sale or exchange, or prior to execution of the contract where the
transfer is by a real property sales contract, as defined in Section 2985 of
the State Civil Code. For purposes of this subdivision, "delivery" means
delivery in person or by mail to the transferee or transferor, or to any
person authorized to act for him or her in the transaction, or to additional
transferees who have requested delivery from the transferor in writing.
Delivery to the spouse of a transferee or transferor shall be deemed delivery
to a transferee or transferor, unless the .contract states otherwise.
(d) This section does not apply to any of the following:
l)
Transfers which are required to be proceded by the furnishing
to a prospective transferee of a copy of a public report
pursuant to Section.IlO18.1 of the Business and Professions
Code.
2)
4}
Transfers pursuant t6 court order, including, but not limited
to, transfers ordered by a probate court in the administration
of an estate, transfers pursuant to a writ of execution,
transfers by a trustee in bankruptcy, transfers by eminent'
domain, or transfers resulting from a decree for specific
performance.
Transfers to a mortgagee by a mortgagor in default,'transfers
to a beneficiary of a deed of trust by a trustor in default,
transfers by an foreclosure sale after default, transfers by
any foreclosure sale after default in an obligation secured by
a mortgage, or transfers by a sale under a power of sale after
a default in an obligation secured by a deed to trust or
secured by any other instrument containing a power of sale.
Transfers by a fiduciary in thecourse of the administration of
a decedent's estate, guardianship, conservatorship, or trust.
5) Transfers from one coowner to one or more coowners.
6) Transfers made to a spouse, or to a person or persons in the
lineal line of consanguinity of one or more of the transferors.
7)
Transfers between spouses resulting from a decree of
dissolution of a marriage, from a decree of legal separation,
or from a property settlement ageement incidental to either of
those decrees.
8)
Transfers by the Controller in the course of administering the
Unclaimed Property Law provided for in Chapteb 7 (commencing
with Section 1500) of Title lO of Part 3 of the Code of Civil
Procedure.
9)
Transfer under the provisions of Chapter 7 (commencing with
Section 3691) or Chapter 8 (commencing with Section 3771) of
Part 6 of Division 1 of the Revenue and Taxation Code.
(e) No liability shall arise, nor any action be brought or maintained
against, any agent of any party to a transfer of title, including any person
or entity acting in the capacity of an escrow, for any error, inaccuracy, or
omission relating to the disclosure required to be made by a transferor
pursuant to this section. However, this subdivision does not apply to a
licensee, as defined in Section lOOll of the State Business and Professions
Code, where the licensee participates in the making of the disclosure required
to be made pursuant to this section with actual knowledge of the falsity of
the disclosure.
(f) Except as otherwise provided in this section, this section shall
not be deemed to create or imply a duty upon a licensse, as defined in Section
lOOll of the State Business and Professions Code, or upon any agent of any
party to a transfer of title, including any person or entity acting in the
capacity of an escrow, to monitor or ensure compliance with this section.
(g) No transfer of title shall be invalidated on the basis of a
failure to comply with this section, and the exclusive remedy for the failure
to comply with this section is an award of actual damages not to exceed one
hundred dollars ($100), exclusive of any court costs and attorney's fees.
(h) For the purposes of this section, "single-family dwelling" does
not include a manufactured home as defined in Section 18007, a mobilehome as
defined in Sectin 18008, or a commercial coach as defined in Section 18001.8
Section II. Effective Date and Posting of Ordinance.
This Ordinance shall take effect and be in force thirty (30) days from and
after the date of its passage. The City Clerk of the City of Dublin shall
cause this Ordinance to be posted in at least three (3) public places in the
City of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin on this
27th day of jul7 , 1987, by the following votes:
AYES: Cm. Hegarty, Moffatt, Snyder, Vonheeder, and Mayor ~7effery
NOES: None.
ABSENT: None.
ATTEST:
Mayo/