(A) A person conveying a new parcel of land which, or the plat for which, has not previously been filed or recorded, and which is part of or would constitute a subdivision to which this chapter applies shall attach to the instrument of conveyance either:
(1) A recordable certification by the City Clerk that this chapter does not apply, or that the subdivision has been approved by the city, or that the provisions of this chapter have been waived by resolution of the city because compliance will create an unnecessary hardship and failure to comply will not interfere with the purpose of this chapter; or
(2) A statement which names and identifies the location of the appropriate city offices and advises the grantee that municipal subdivision and zoning regulations may restrict the use or restrict or prohibit the development of the parcel, or construction on it, and that the division of taxes and the filing or recording of the conveyance may be prohibited without prior recordable certification of approval, non-applicability or waiver from the municipality.
(B) In any action commenced by a buyer of a parcel against the seller thereof, the misrepresentation of or the failure to disclose material facts in accordance with this section shall be grounds for damages. If the buyer establishes a right to damages, a district court hearing the matter may in its discretion also award to the buyer an amount sufficient to pay all or any part of the costs incurred in maintaining the action, including reasonable attorney's fees, and an amount for punitive damages not exceeding 5% of the purchase price of the land.
(Ord. 582, passed 8-26-2019) Penalty, see § 152.999