Council finds it necessary to provide potential buyers of nonresidential
property notice as to whether the property is located within the floodplain
or outside of the floodplain in order that the buyer may be properly
informed of such. The advent of floodplain construction standards,
enhanced flood warning systems and other improvements make possible
the viable and complete use of land and buildings within the floodplain,
and nothing in this chapter precludes the sale or purchase or the
development and use of floodplain real estate in accordance with floodplain
construction standards.
As used in this chapter, certain terms are defined as follows:
AGENT
Any person, partnership, association, corporation, or fiduciary
who, for monetary consideration, aids in the sale or exchange of property
as defined herein. Whenever used in any clause prescribing or imposing
a penalty, the term "agent," as applied to partnerships and associations,
means the partners or members thereof and, as applied to corporations,
the officers thereof.
AGREEMENT OF SALE
Any agreement or written instrument which provides that title
to any property shall thereafter be transferred from one owner to
another owner and includes, inter alia, both written leases which
contain options to purchase the leased property and agreements which
provide that the occupant of the property shall acquire title thereto
after the payment of a stipulated number of regular payments or after
a stipulated period of time.
CERTIFICATE
Floodplain notification certificate for nonresidential property.
OWNER
Any person, partnership, association, corporation, or fiduciary
having legal or equitable title or any interest in any real property.
Whenever used in any clause prescribing or imposing a penalty, the
term "owner," as applied to partnerships and associations, means the
partners or members thereof and, as applied to corporations, the officers
thereof.
PROPERTY
Any nonresidential building or structure located within the
City and includes any building or structure which is not used exclusively
as a residence, as well as any vacant lot in a nonresidential zone.
[Ord. No. 49-1991]
[Ord. No. 49-1991]
Upon application of the agent or, if none, the owner, and payment
to the City of a fee of $25, the Codes Administrator or designee shall
review the pertinent City records and then execute and deliver a certificate
to the applicant, which certificate shall contain the following information:
A. The street address and appropriate description of the subject property;
B. A statement as to whether or not the subject property is located
within the floodplain or outside of the floodplain; and
C. A statement that the agent or, if none, the owner has advised the
purchaser whether, to the best of his or her knowledge and belief,
the property has ever been flooded.
Notwithstanding any other law or ordinance, the provisions of
this chapter may not be waived or disclaimed by any oral or written
agreement executed by any owner or purchaser.
The floodplain notification certificate for nonresidential property
shall be compiled from the records of the City. Neither the enactment
of this chapter nor the preparation and delivery of any certificate
required hereunder shall impose any liability upon the City for any
errors or omissions contained in such certificate, nor shall the City
bear any liability not otherwise imposed by law.
[Ord. No. 49-1991]
Any agent or owner who violates the provisions of this chapter shall be guilty of a summary offense and, upon conviction thereof, shall be subject to the general code penalty as set forth in §
1-301.99.