The purpose of this chapter is to protect purchasers of new homes or lots for custom homes against unacceptable development on adjacent property by requiring the sellers of such homes and lots to disclose land use regulations applicable to contiguous properties and to disclose the nature of any development project approvals for such property that may exist.
(Ord. 823 Exh. A, 2003)
The words, terms, and phrases used in this chapter shall be defined as follows:
"Contiguous"
means touching along a boundary of the subject lot and also includes touching along a boundary of the subdivision in which the subject lot is located.
"Development project approval"
means any approval granted by the community development department staff, the planning commission, or the city council authorizing any construction activity or alteration or the landscape, its terrain contour or vegetation, including the erection or alteration of structures. The term includes, but is not limited to, general plans and amendments, specific plans and amendments, zoning amendments, subdivision map applications, preliminary development plans, and conditional use permits, and variances.
"Subject lot"
means the custom lot or the lot on which the newly constructed home that is either the subject of the potential purchasers inquiry, or sale to a purchaser.
(Ord. 823 Exh. A, 2003)
A. 
Any person engaged in the sale of a newly constructed, or to be constructed residence, or engaged in the sale of lots for the subsequent development of custom homes, shall include in the marketing materials for the home(s) or lot(s) a notice containing all of the information described in subsection B of this section.
B. 
The notice required by subsection A of this section shall contain:
1. 
A statement of the zoning classification (including a reference to the number of units per acre allowed if the property is zoned residential) of any undeveloped land that is contiguous to the subject lot.
2. 
A brief description of the nature of any unexpired development project approval that has been granted authorizing the development of any land that is contiguous to the subject lot.
3. 
A copy of any legal notice the seller may have received concerning a pending request for a development project approval that would authorize the development of any land that is within five hundred feet of the subject lot.
4. 
A statement that anyone interested in receiving more information concerning the matters referred to in subsections B(1) through B(3) above should contact the Rancho Mirage community development department.
C. 
The notice required by subsection A of this section shall be provided to all persons making inquiry about the purchase of the subject home and/or lot.
(Ord. 823 Exh. A, 2003)
Any person engaged in the sale of a newly constructed, or to be constructed residence, or engaged in the sale of lots for the subsequent development of custom homes, shall at the time of entering into an agreement for the sale of such home or lot provide to the purchaser a notice containing all of the information described in Section 9.60.030(B).
(Ord. 823 Exh. A, 2003)
Any person engaged in the sale of a newly constructed, or to be constructed residence, custom lot, or engaged in the sale of lots for the subsequent development of custom homes, shall forward to the purchaser of the lot or residence any legal notice concerning a pending request for a development project approval received by the seller because of the sellers prior ownership of the lot or residence to be sold.
(Ord. 823 Exh. A, 2003)
A. 
Any person making the disclosure required by Section 9.60.040 shall require the purchaser receiving the disclosure to sign a document indicating receipt of the disclosure, and the person making the disclosure shall maintain a copy of the receipt in its records pertaining to the sale.
B. 
Any person making the disclosure required by Section 9.60.050 shall maintain written evidence of proof that such disclosure was made in its records pertaining to the sale.
(Ord. 823 Exh. A, 2003)
A. 
The failure to comply with the requirement of this chapter is a misdemeanor and may be enforced pursuant to the provisions of Section 1.08.010 of this code.
B. 
In addition such violations may be enforced by a civil action brought by the city attorney seeking injunctive relief.
C. 
The remedies provided in this chapter are cumulative, and in addition to any other remedies available at law or in equity.
(Ord. 823 Exh. A, 2003)