(A) Any person conveying a lot created after the adoption of this chapter shall attach to the instrument of conveyance 1 of the following:
(1) A recordable certificate signed by the City Clerk-Treasurer that the requirements of this chapter do not apply;
(2) A recordable certificate signed by the City Clerk-Treasurer that the requirements of this chapter have been fulfilled;
(3) A recordable certificate that the restrictions on the division of taxes and filing and recording have been waived by the City Council. The waiver shall only be granted when compliance with this chapter will create an unnecessary hardship and failure to comply will not interfere with the purpose of this chapter.
(B) In cases where division (A) above is not used, the seller shall attach to the instrument of conveyance a statement which:
(1) Names and identifies the location of the appropriate municipal offices and advises the grantee that municipal subdivision and zoning regulations may restrict use or restrict or prohibit the development of the parcel, or construction on it; and
(2) That the division of taxes and the filing or recording of the conveyance may be prohibited unless a recordable certificate or waiver has been issued according to division (A) above.
(C) In any action commenced by a buyer of such a parcel against the seller thereof, the misrepresentation of or the failure to disclose material facts in accordance with this chapter shall be grounds for damages. If the buyer establishes his or her 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 fees, and an amount for punitive damages not exceeding 5% of the purchase price of the land.
(Ord. 217, passed 11-5-2001; Am. Ord. passed 2- -2004; Am. Ord. passed 4-5-2004; Am. Ord. passed 9-7-2004)