§147.0404 Regulations to Retrofit upon Change of Ownership
(a) Before a change of ownership, the transferor of any existing structure shall replace any existing plumbing fixture with a water-conserving plumbing fixture in accordance with California Civil Code section 1101.3(c) and applicable provisions of the San Diego Municipal Code.
(b) Before a change of ownership, the transferor and the transferee of any existing structure may agree to transfer responsibility for compliance with this division to the transferee in accordance with California Civil Code section 1101.3(c) and applicable provisions of the San Diego Municipal Code.
(c) The transferor and the transferee of any existing structure may agree to have compliance with this division included as a condition of escrow, have the responsibility for retrofitting assumed by the transferee, and have the retrofit paid for from the proceeds of the sale of the existing structure.
(1) If the transferor and the transferee agree to have compliance with this division included as a condition of escrow, the escrow agent shall retain a sufficient sum of money, agreed upon by the transferor and the transferee, to be retained from the proceeds of the sale to complete the retrofit.
(2) The transferee shall complete the retrofit within at least 90 calendar days of the close of escrow.
(3) After the transferee has completed the retrofit, the transferee shall submit proof of completion of the retrofit to the escrow agent. The escrow agent may release the retained funds from the proceeds of the sale upon receiving reasonable, satisfactory proof of completion of the retrofit from the transferee.
(d) The transferor of any existing structure shall not be required to retrofit when a change of ownership occurs as a result of the following:
(1) A court order, including an order by a probate court in the administration of an estate;
(2) A foreclosure or voluntary or involuntary bankruptcy;
(3) The exercise of eminent domain;
(4) The administration of a deceased person’s estate, guardianship, conservatorship, or trust;
(5) One title co-holder of real property transferring, selling, or exchanging with one or more other title co- holders;
(6) A transfer, without consideration, from one family member to another family member; or
(7) A decree of dissolution of marriage, a decree of legal separation, or from a property settlement agreement incidental to such a decree.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 1-27-2022 by O-21422 N.S.; effective 2-26-2022.)