Chapter 13.88 — SALE OF MULTI-UNIT RESIDENTIAL PROPERTIES AND GENERAL

The purpose and intent of this chapter is to mitigate problems in the City of Berkeley which result from the uninformed purchase of partial undivided interests in residential properties containing two or more units, coupled with agreements entitling buyers to exclusive occupancy of designated units. (Ord. 6024-NS § 1, 1990)

At the earliest possible opportunity prior to the sale of all or part of any residential property consisting of two or more units of residential housing, each real estate broker or agent representing each owner of such property, or each owner of all or part of such property with a legible copy of the Tenants In Common General Information Statement as shall be prepared, and modified from time to time, by the City Manager, and approved by a resolution of the City Council. Such statement shall contain basic information concerning the general nature and characteristics of the ownership of an undivided interest in property coupled with agreements entitling a buyer to exclusive occupancy of designated units, discuss potential risks, and caution the potential buyer on such risks. Such statement also shall state that it is intended solely to provide general information, and that it is not intended as an attempt or undertaking by the City of Berkeley to provide specific legal and/or investment advice, and shall advise such buyer to seek legal and/or investment advice concerning the effects of the particular transaction on such buyer.

Where descriptions of the property for sale are made available to prospective buyers the General Information Statement shall also be made available and shall be displayed with equal prominence. In any event the statement shall be provided no later than upon the delivery of an offer to purchase. (Ord. 6024-NS § 2, 1990)

A. Any violation of, or failure to comply with, a requirement of this chapter is hereby declared to be a public nuisance.

B. In addition to any other remedies which may be available to any person at law or equity, any person who is injured by any violation of, or failure to comply with, this chapter shall be entitled to sue for, and recover from any violator of this chapter, all damages proximately resulting from such violation in a court of appropriate jurisdiction, in addition to injunctive and other appropriate relief. In any such action or proceeding the prevailing party shall be entitled to reasonable attorney’s fees and costs.

C. Any violation of, or failure to comply with, any provision or requirement of this chapter shall be punishable as an infraction pursuant to Chapter 1.20 of the Berkeley Municipal Code. In addition, any violation of this chapter may be enjoined by civil action.

D. The remedies provided by this section are in addition to any other remedies to which the City may be entitled under any other provision of law. (Ord. 6024-NS § 3, 1990)

Copies of this bill are hereby ordered published by posting with the vote thereon for two days at the ten prominent places in the City of Berkeley as designated by Chapter 1.08 of the Berkeley Municipal Code. (Ord. 6024-NS § 4, 1990)

Division XI. Prohibited Animal Testing