[HISTORY: Adopted by the Town Board of the Town of Wheatfield as
indicated in article histories. Amendments noted where applicable.]
[Adopted 1-5-2004 by L.L. No. 1-2004;
amended in its entirety 9-13-2004 by L.L. No. 11-2004]
This chapter shall be entitled "Local Law Concerning Disclosures on
Sale of Real Property within the Town of Wheatfield."
The purpose of this chapter is to require a seller of land located within
the Town of Wheatfield to make certain disclosures to the purchasers in the
contract of sale so that the purchaser will be aware of certain physical conditions
which affect the property.
Any owner of property located within the Town of Wheatfield who enters
into a written contract to sell land located within the Town of Wheatfield,
whether or not represented by an agent, shall disclose in writing in the contract
of sale or in a writing to be attached to the contract of sale, if known to
such owner, the existence of any drainage ditches, drainage swales, detention
ponds, retention ponds, and encroachments of the improvements into any of
the foregoing, and whether or not the property is located within a legally
designated flood zone.
Procedure for enforcing violation for any purchaser who believes that
a violation of this article has occurred: by filing a complaint with the Town
of Wheatfield Building Department, and the Building Department shall investigate
the complaint and prosecute violations.
Any property owner in connection with the sale of real property within
the Town of Wheatfield who shall knowingly violate any of the provisions of
this chapter shall be guilty of an offense and punishable by a fine of not
less than $500 nor more than $2,500 or imprisonment not to exceed 15 days,
or both, for the first such offense. Any subsequent violation shall be an
unclassified misdemeanor and punishable by a fine of not less than $1,000
nor more than $5,000 or imprisonment not to exceed six months in jail, or
both.
