Article VIII — MANDATORY DISCLOSURES FOR CERTAIN RESIDENTIAL REAL ESTATE

Editor's note— See note at Art. V.

This article is enacted to establish regulations which ensure dissemination of public information concerning environmental, safety, health and zoning data to all prospective homebuyers in the city.

(Code 1968, § 28-74)

The regulations in this article shall apply to all divisions of land for residential purposes.

(Code 1968, § 28-75)

In addition to the subdivision report prepared by the state real estate commissioner, the owner or his agent or the subdivider of a residential subdivision containing one or more single-family residences or condominium units shall prepare or cause to be prepared a package of information for distribution to prospective purchasers of homes or units in the subdivision containing the following information:

(1)

A title page without any other pictures, printing or information containing the following plainly printed information:

Homeowners Buyers Awareness Package for the City of Fontana.

Contains important information regarding the area in which you are buying a home.

This information must be read by the prospective buyer before a deposit is received on a home in the City of Fontana.

(2)

A statement giving the name and address of the property owner and the name and address of the subdivider.

(3)

A statement of the condition of the title of the land, including all encumbrances on the land.

(4)

The zoning applicable to the subdivision and the property contiguous or adjacent to the subdivision.

(5)

A statement of reasonable estimate of the amount of any indebtedness which has been or is proposed to be incurred by an existing or proposed special district, entity, taxing area or assessment district within the boundaries of which the subdivision or any part thereof is located, and which is to pay for the construction or installation of any improvement or to furnish community or recreational facilities to such subdivision, and which amounts are to be obtained by ad valorem tax or assessment, or by a special assessment or tax upon the subdivision, or any part thereof.

(6)

The location of existing and proposed public elementary and high schools and school districts which children of purchasers within the subdivision may be expected to attend.

(7)

A statement of the proximity of the subdivision to any dump site, landfill or similar waste depository and a plain-language explanation of the nature of the site. The statement shall also contain the name, address and telephone number of the entity owning or operating the site.

(8)

A statement of the location of any hazardous liquid high-pressure gas pipelines located within the subdivision or adjacent to it.

(9)

A statement of the proximity of the subdivision to any site or condition producing unusual or obnoxious odors, and a plain-language explanation of the nature of such site or condition.

(10)

A statement of the proximity of the subdivision to any site or condition producing unusual or obnoxious levels of noise, and a plain-language explanation of the nature of such site or condition. Particular attention should be given to any subdivision in the flight pattern of Norton Air Force Base, Ontario Airport or Rialto Municipal Airport.

(11)

A statement of any geological hazards or flood hazards, including known faults or seismic activity, in the area, and location of floodplain zones near or on the site.

(12)

A statement of the soil conditions in the subdivision, including the name, address and telephone number of the entity in possession of the soils report. The statement should include reference to whether or not fill is used.

(13)

A statement of known or pending transportation corridors located adjacent to or within the subdivision.

(14)

A statement of any known wildfire area within or contiguous to the subdivision.

(15)

A statement of the air quality within the basin.

(16)

A statement of the location of any underground high-capacity water supply pipelines located within or adjacent to the subdivision.

(17)

A statement of the pertinent zoning and vehicle codes applicable within the subdivision.

(18)

A statement of the pertinent building and development codes applicable within the subdivision.

(19)

A statement of the location of electric transmission lines, not serving the tract, adjacent to or within the tract.

(20)

A statement of the location of any high-pressure natural gas transmission lines located within the subdivision or adjacent to it.

(21)

A statement of the proximity of the subdivision to any existing or proposed reclamation sewer treatment plant or quarry.

(22)

Any additional information deemed necessary or appropriate to fully inform prospective purchasers of the property within the tract of the conditions which exist within the tract and within contiguous areas.

(Code 1968, § 28-76)

The owner or his agent or the subdivider shall submit the proposed package of information to the manager of planning of the city for approval as to form and content. Prior to the issuance of any building permits for the site, the manager of planning may require amendments for the addition of information to the package. A copy of the package as finally approved shall be filed with the manager of planning prior to its distribution. The information package shall be updated yearly, or sooner as deemed necessary by the manager of planning, to ensure the information booklet is current.

(Code 1968, § 28-77)

Proper preparation and approval of the information package required by this article shall constitute a condition precedent to issuance of a building permit for the subdivision.

(Code 1968, § 28-78)

Sales agents of the owner or the subdivider shall deliver a copy of the package of information required by this article to each prospective buyer of property within the subdivision, and prior to accepting a deposit on any such property. The sales agent shall require the prospective buyer to sign a receipt acknowledging that a copy of the package of information has been delivered to him. The receipt shall contain the sale agent's name, the lot and tract numbers, the date of the delivery of the information package and the purchaser's printed name and signature.

(Code 1968, § 28-79)

A current city land use policy map along with a current city zoning map shall be prominently displayed in the sales office of each tract or subdivision.

(Code 1968, § 28-80)

Within 30 days after the close of escrow on the initial sale of any residence or residential unit in the tract, the owner, the developer or his agent shall file a copy of the receipt for the package of information with the manager of planning of the city.

(Code 1968, § 28-81)

The failure of any owner, subdivider or sales agent to obtain the approval of the manager of planning of the information package required by this article before selling property within the tract, or the failure to deliver the package of information and to obtain a receipt therefor from prospective buyers of property, shall constitute a misdemeanor punishable in the manner and to the extent provided by law.

(Code 1968, § 28-83)