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 residential 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 residential building or structure located within the
City, including any vacant lot in a strictly residential zone.
At least 30 days prior to entering into any agreement of sale
or exchange of any property or at least 30 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 residential property required by this
chapter.
Upon application of the agent or, if none, the owner, the Codes
Administrator or designee shall review the pertinent City records
and then shall execute and deliver a certificate to the agent or,
if none, the owner. The certificate shall contain the following information:
A. The street address and appropriate description of subject property;
B. A statement as to whether or not the subject property is located
within the floodplain or outside of the floodplain;
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 agent, owner or purchaser.
The floodplain notification certificate for residential 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.