Part 9 — DISCLOSURE TO PROSPECTIVE PURCHASERS

A Person who is acting as an agent for a seller or the seller, if acting without an agent, of real property which is located:

In the area identified as very high landslide susceptibility, high or moderate/high landslide susceptibility zones on Plates 1C, 1D, (landslide susceptibility) of the "Technical Report, Geological Investigation, City of San José's Sphere of Influence," prepared by Cooper, Clark and Associates, dated July 19, 1974 on file in the department of public works; or

On the state of California earthquake fault zone maps on file in the department of public works; or

Within the special geologic hazard study area;

shall provide written notice to any prospective purchaser pursuant to Section 17.10.905.

(Ords. 24680, 25710.)

Written notice, pursuant to Section 17.10.900, shall inform a prospective purchaser that:

The property is located within a geologic hazard zone as defined by Section 17.10.225 of the San José Municipal Code.

A certificate of geologic hazard clearance must be obtained from the director before any discretionary approval for development, or any grading permit or any building permit may be issued for improvements on the property.

An on or off-site geologic evaluation may have been prepared for the property. Reports submitted as part of the geologic evaluation are maintained on file by the city and are available for review in the office of the city's engineering geologist.

In order to obtain a certificate of geologic hazard clearance for any discretionary approval for development or any grading permit or any building permit for proposed development within the special geologic study area, the property owner is required to perform a geologic evaluation pursuant to Part 6 of this chapter.

(Ords. 24680, 25710.)

A.

A civil action against the seller of real property or the agent of the seller of real property may be instituted by any person who purchases real property in a geologic hazard zone, for failure to disclose information as required by this part.

B.

Damages shall include actual damages, costs, attorneys' fees, and civil penalty of five hundred dollars in addition thereto. The court may award punitive damages in a proper case.

C.

Nothing in this provision shall be construed to limit any other right or remedy otherwise available in law to any party.

(Ords. 24680, 25710.)