Thousand Oaks Municipal Code Ch. 13 Consumer Information: New Residential Subdivision Sales

The provisions of this chapter are enacted in order to more fully provide purchasers of new residential properties within the City with information relative to such purchases, including information relating to the zoning of surrounding properties, the City’s General Plan Land Use Element, and the existence and condition of public schools and parks serving the subdivision, as well as the prevention of misleading information about the quality of construction. This chapter shall be known as the “Thousand Oaks Consumer Information in New Housing Law.” The provisions of this chapter shall apply only to the first sale to the proposed occupant of a residential dwelling in an approved and recorded subdivision within the City.

(§ 1, Ord. 569-NS, eff. May 13, 1976)

All model homes in new subdivisions shall accurately represent the corresponding production homes which are built or proposed to be built. No change or alteration in the quality or quantity of construction materials or decorator finishes shall be made or permitted in any model home which constitutes a difference from that which is or will be provided by the developer in any corresponding completed production home, unless such change or alteration in the model is clearly marked and prominently indicated in the model by a sign or other marker, at the location of the change or alteration, containing letters and/or numbers, not less than two (2") inches in height, accurately setting forth how or in what respect completed production homes will or may be different. Those items installed in the model by the developer as decorator items (not for sale) and optional accessory furnishings or materials shall likewise be marked with signs, of not less than two (2") inch letters, indicating such to prospective purchasers. In lieu of this requirement, a statement of differences between the models and production homes may be provided to prospective buyers, together with a list of the various options available to such buyers.

(§ 1, Ord. 569-NS, eff. May 13, 1976)

Every person entity, firm or corporation selling, or offering for sale, new residential property within an approved subdivision tract in the City shall:

(a) Current zoning information. Attach, affix, or incorporate into all printed matter relating to sales information about such residential properties, or otherwise make available to prospective buyers or display in a conspicuous location in the sales office, copies of the latest revised edition of the City of Thousand Oaks General Plan of Land Use, any specific plan of which the development is a part, the latest revised edition of the City of Thousand Oaks Zoning District Map, and the latest revised edition of a map showing all schools and parks, including the development status of each site, within the City. The map shall indicate that circumstances may change affecting the location and development of any proposed or partially developed school or park site.

(b) Forwarding of notices of public hearing. Upon receipt of any mailed, written notice of a public hearing held pursuant to Title 9 of this Code for the consideration of a zoning matter, subdivision or other development entitlement, forward that notice or a copy of that notice to each individual owner or buyer under a purchase contract of any lot or dwelling unit within that residential tract. The failure to forward such in a reasonably timely manner shall be deemed a violation of this section and subject the violator to the penalty provisions of Chapter 2 of Title 1 of this Code. However, any failure to forward the notices, as required by this section, shall not invalidate or affect the referenced public hearing.

(§ 1, Ord. 569-NS, eff. May 13, 1976, as amended by § 1, Ord. 1020-NS, eff. April 11, 1989)

Every person, firm, or corporation selling, or offering for sale, new residential property within an approved subdivision tract in the City shall attach, affix, or otherwise incorporate into all printed matter relating to sales information about such residential properties the following:

(a) Printed material which designates and indicates the location of all elementary, intermediate, and high schools in the area which serve the subdivision, the enrollment at each such school, the teacher-student ratio, the type of school sessions presently operative and planned, and information regarding the availability of bus service from the subject subdivision to the serving school, plus any definitive plans for school construction which will serve the subdivision shall be provided. All such printed material relative to schools shall be based upon the most current information available from, and certified by, the Conejo Valley Unified School District and shall be revised semiannually until all lots within the subdivision have been sold.

(b) Printed material regarding the size, location, and facilities of the existing and proposed public parks serving the subdivision shall also be provided. All parks designated as proposed to serve a subdivision shall bear an estimated date of the commencement and completion of park improvements. All such printed material relative to parks shall be based upon the most current information available from, and certified by, the Conejo Recreation and Park District and shall be revised semiannually until all lots within the subdivision have been sold.

(c) Printed material specifying proposed greenbelt improvements within common areas, as well as plans for other recreational amenities that will be utilized, jointly maintained, and paid for by the lot owners, shall be provided. Such information shall be consistent with plans approved by the City and shall also be verified by the City for accuracy and completeness. All such information shall be revised semiannually until all lots within the subdivision have been sold.

(d) Printed materials regarding the installation and estimated completion date for street improvements not planned within the construction phase containing the lots being sold, but eventually serving or affecting such lots, shall be provided. Such information shall be obtained and verified by the City and shall be consistent with the plans and phasing construction sequences approved by the City. All such information shall be revised semiannually until all lots within the subdivision have been sold.

(§ 1, Ord. 569-NS, eff. May 13, 1976)

The Community Development Department of the City shall be responsible for the initial assembly and distribution of all the printed material required by this chapter. Such printed material shall be requested by every person, firm, or corporation selling, or offering for sale, residential property within an approved tract in the City sixty (60) days prior to the planned occupancy of the model home complex or sixty (60) days prior to the anticipated sale of any residential unit; provided, however, in the event such printed material is unavailable from the City within such required time periods, such printed material shall be obtained from the City within five (5) days after the date of notice of its availability. All printed material shall be certified by the City, based upon the latest available information supplied by the school and park districts. A fee of Twenty-Five and no/100ths (§25.00) Dollars shall be charged to each developer to defray the cost of supplying such material. Before any residential property is sold to any new home buyer, the seller shall obtain a written acknowledgement from the buyer that the information required to be provided by this chapter has been furnished to and received by the buyer. All initially obtained information shall be revised and updated semiannually until all lots within the subdivision have been sold. The developer shall request any revised information from the Community Development Department thirty (30) days prior to the expiration of the six (6) month period. A fee of Five and no/100ths ($5.00) Dollars shall be charged to each developer for such revised information.

(§ 1, Ord. 569-NS, eff. May 13, 1976)

No public entity, or any employee or agent thereof, shall be liable for injuries or damages to any person for its negligence, error, or omission in supplying, certifying, or verifying the information required to be provided by this chapter provided such public entity, or employee or agent thereof, acts in good faith and without malice.

(§ 1, Ord. 569-NS, eff. May 13, 1976)

In enacting this chapter, the City recognizes that, pursuant to Sections 11000 et seq. of the Business and Professions Code of the State, the Department of Real Estate of the State issues public reports on all subdivisions within the State as defined therein and that such public reports may contain information relating to subject matter required to be supplied by the provisions of this chapter to purchases of residential lots in approved and recorded subdivisions within the City. It is the intent of this chapter to provide consumer information to prospective purchasers of new residential lots, which consumer information shall be in addition to and supplemental to information provided in the public reports issued by the Department of Real Estate of the State. To the extent that any section, subsection, sentence, clause, phrase, or provision of this chapter is in conflict with the provisions of Sections 11000 et seq. of the Business and Professions Code of the State to such a degree that said provisions shall be deemed preempted by State law, said preempted provisions shall have no further force and effect.

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City hereby declares that it would have adopted this chapter, and each section or subsection thereof, notwithstanding the fact that other sections, subsections, or portions thereof may be declared invalid, preempted, or unconstitutional.

(§ 1, Ord. 569-NS, eff. May 13, 1976)

(a) Any person knowingly violating any of the provisions of this chapter shall be deemed guilty of a violation of this Code pursuant to Section 1-2.01 of Chapter 2 of Title 1 of this Code.

(b) No sale of residential property shall be invalidated solely because of the failure of any person to comply with any provision of this chapter, unless such failure is an act or omission which would be a valid ground for the rescission of such sale in the absence of the provisions of this chapter.

(§ 1, Ord. 569-NS, eff. May 13, 1976, as amended by § XL, Ord. 770-NS, eff. February 26, 1981)