A. In connection with the sale of any structure located in a special flood hazard area, the seller, any real estate agent, or broker representing the seller, and the primary escrow agent involved in the transaction shall:
1. Provide the prospective purchaser with written notice of the flood danger in a form of acceptable to the city attorney;
2. Obtain the prospective purchaser's signed acknowledgment of receipt of the notice; and
3. Record the prospective purchaser's signed acknowledgment in the Sacramento County recorder's office.
B. The written notice required by this section shall be provided as follows:
1. In the case of sales which must be preceded by furnishing to prospective purchasers of a public report pursuant to Section 11018.1 of the California Business and Professions Code or a disclosure statement pursuant to Section 1102.2 of the California Civil Code, the seller and any real estate agent or broker representing the seller shall ensure that the notice of the flood danger either accompanies or is included in the public report or the disclosure statement;
2. In the case of sales to which subsection (B)(1) of this section does not apply, the seller and any real estate agent or broker representing the seller shall provide the notice of the flood danger to the prospective purchaser as soon as practicable before the transfer of the title; and
3. In the event that escrow services are utilized in connection with any sales subject to this section, the primary escrow agent shall verify that the notice of the flood danger has been delivered as required under subsections (B)(1) and (B)(2) of this section. If for any reason the prospective purchaser has not received the notice, then the primary escrow agent shall provide the notice to the prospective purchaser through the escrow process prior to the transfer of title.
C. This section shall apply to the sale of any structure that occurs on or after July 6, 1998, provided that at the time of the sale the affected structure is located in a special flood hazard area. (Ord. 2011-046 § 3; Ord. 98-022 § 7; prior code § 9.27.1103)