[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 57-1990. Amendments noted where applicable.]
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:
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.
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.
Floodplain notification certificate for nonresidential property.
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.
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]
A.
At least 10 days prior to entering into an agreement of sale or exchange
of any property, or at least 10 days prior to the transfer of property
when no agreement of sale is utilized, the agent or, if none, the
owner shall obtain from the Codes Administrator the floodplain notification
certificate for nonresidential property required by this chapter.
[Ord. No. 49-1991]
B.
The certificate shall be valid so long as no change occurs in the
one-hundred-year regulatory floodplain.
[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.
[Ord. No. 20-1995]
A.
In the City, no agent or, if none, no owner shall sell property, or any interest therein, unless the agent or owner first delivers to the purchaser or transferee, not less than 10 days prior to the execution of any agreement of sale, or not less than 10 days prior to the transfer or title in the event that no agreement of sale is utilized, the certificate described in § 8-305.3. An agent's or owner's failure to deliver said certificate in the appropriate time frame shall be deemed a breach of that agent's or owner's duty of disclosure to the purchaser or transferee. Such a breach shall render the agreement of sale or other such land contract voidable.
B.
The purchaser or transferee shall execute a receipt for the certificate,
as furnished by the City, and such receipt shall be delivered by the
agent or owner to the Codes Administrator as evidence of compliance
with the provisions of this chapter and this chapter only. The certificate
described in this chapter in no way implies compliance with any other
chapter.
C.
No agent shall aid any owner in the sale or transfer of property
unless the agent first complies with the notification requirements
of this chapter.
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.
