Chapter 16.31 — NOTIFICATION TO PROSPECTIVE HOME BUYERS IN NEW RESIDENTIAL

This chapter is enacted to establish regulations which ensure timely notification to prospective home buyers in new residential developments concerning the existence of assessment and community facilities districts affecting the property being purchased and the inability of the school district to guarantee attendance at the local school. (`78 Code, § 16.31.010.) (Ord. 2234 § 2 (part), 1997.)

This chapter shall be applicable in the following circumstances and in the following manner:

(A) Any tentative subdivision map for residential development filed pursuant to this title and the Subdivision Map Act, and which is approved after the effective date of this chapter, shall contain a condition requiring the subdivider to enter into an agreement with the city to comply with the provisions of this chapter;

(B) Any development agreement for residential development to which the city is a party pursuant to Cal. Gov’t Code Title 7, Division 1, Chapter 4, Article 2.5 (commencing with § 65864), and which is approved after the effective date of this chapter, shall contain a provision requiring the subdivider to comply with the provisions of this chapter. (`78 Code, § 16.31.020.) (Ord. 2234 § 2 (part), 1997.)

Any subdivider, his or her agent or his or her successor in interest or any person who has entered into a development agreement for residential development with the city, his or her agent or his or her successor in interest, shall be responsible for the following:

(A) Provision and completion of the notice set forth in § 16.31.040 to each prospective purchaser of real property within the subdivision or land subject to the development agreement. The notice shall be delivered and completed prior to the acceptance of any deposit, advance or other monetary or written commitment to purchase real property;

(B) Posting of the notice set forth in § 16.31.040 at any location for sale of real property within the subdivision or land subject to the development agreement. The notice shall be placed on a sign two feet in height and two feet in width, with a typeface of no less than 40 point in size. The notice shall be prominently displayed in an area accessible to the public.

(`78 Code, § 16.31.030.) (Ord. 2234 § 2 (part), 1997.)

(A) The city shall prepare a notice for prospective purchasers of real property subject to this chapter. The notice shall indicate:

(1) The existence of any assessment district, community facilities district or landscaping and lighting district which results in the levy of an assessment or special tax on the subject real property;

(2) The school district cannot guarantee attendance at the school closest to the subject real property.

(B) A copy of the notice shall be available to any person who files a tentative subdivision map, enters into a development agreement with the city or otherwise requests the notice.

(`78 Code, § 16.31.040.) (Ord. 2234 § 2 (part), 1997.)