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(a) As San Francisco has grown, its hilly topography has been paved over, and naturally formed historic waterways have been incorporated into the City’s combined sewer and stormwater collection system that routes both overland runoff and sanitary sewage to the City’s treatment plants.
(b) During intense storms, when there is more rain than the collection system is designed to handle, certain areas of the City are subject to flood risk from stormwater. The location of these flood-prone areas generally aligns with the City’s historic waterways and areas that are built on landfill.
(c) Flooding in these areas can result in property damage which negatively impacts affected residents and businesses.
(d) The San Francisco Public Utilities Commission performed a technical analysis to develop a 100-Year Storm Flood Risk Map that identifies those parcels in San Francisco that are at risk of deep and contiguous flooding during a storm with a 100-year return period, meaning a storm having a 1% chance of occurring in a given year.
(e) It is in the public interest to ensure that owners of real property at risk of deep and contiguous flooding from stormwater have accurate information about the flood risk so they can take steps to mitigate the risk.
(f) For that reason, and also to ensure fairness in real property transactions, it is also in the public interest to ensure that people are aware of stormwater flood risks before buying or renting real property. Mandatory disclosure at the point of sale, or before signing a lease, is an effective tool for ensuring that buyers and tenants of real property have access to this information.
“100-Year Storm” means a storm that has a 1% probability of occurring at a particular location in a given year.
“100-Year Storm Flood Risk Map” means the map approved by the San Francisco Public Utilities Commission at a public hearing identifying Flood Risk Parcels in San Francisco, which map may be updated from time to time.
“Commission” means the San Francisco Public Utilities Commission.
“Deep and Contiguous Flooding” for purposes of the 100-Year Storm Flood Risk Map means flooding that (1) is at least six inches in depth and (2) covers a contiguous area the size of at least half a City block.
“Disclosure Statement” means the disclosure statement in Section 5102(b).
“Execution” means the making or acceptance of an offer.
“Flood Risk Parcel” means a parcel that has been identified as subject to Deep and Contiguous Flooding in a 100-Year Storm on the most recently published 100-Year Storm Flood Risk Map, including, without limitation, parcels that are used for residential, commercial, industrial, and other uses.
“Transfer” means the transfer, sale, grant, gift, exchange, lease, or sublease (regardless of duration of the Transfer) of all or part of a Flood Risk Parcel. A Transfer does not include those transfers listed in California Civil Code Section 1102.2, as amended from time to time. For purposes of this Article 51, a Transfer may be accomplished without or with a contract, including, but not limited to, a deed, a purchase and sale agreement, an installment land sale contract, a lease with an option to purchase, any other option to purchase, a ground lease coupled with improvements, or any other lease.
“Transferee” means a recipient of all or part of a Flood Risk Parcel in a Transfer, including, without limitation, a buyer, tenant, exchangee, or grantee.
“Transferor” means a conveyor of all or part of a Flood Risk Parcel in a Transfer, including, without limitation, a seller, landlord, exchanger, or grantor, and including the City and County of San Francisco.
(a) Disclosure Mandate.
(1) Conditions Precedent. The disclosure requirement set forth in this subsection (a) shall apply after 30 days have elapsed from the Commission’s completing both of the following:
(A) approval of a 100-Year Storm Flood Risk Map at a publicly noticed hearing and, after approval, the mailing of a notice to all owners of Flood Risk Parcels that are located within the flood zone boundaries delineated on the Map that the Map has been approved and of the obligation to comply with the disclosure requirement contained in this Article 51; and
(B) adoption of rules and criteria that allow an owner or landlord of a Flood Risk Parcel to request review of the designation of the parcel as a Flood Risk Parcel in the 100-Year Flood Risk Map based on specified technical grounds. Such rules and criteria shall provide that the filing of a request for review shall stay application of the disclosure requirement in this subsection (a) with respect to the applicable Flood Risk Parcel until the General Manager or his or her designee completes the review and issues a final determination as to whether the parcel shall be re-designated on the Map.
If a Transferor wishes to Transfer its real property while the review and determination are pending, the Transferor must disclose that the real property has been designated a Flood Risk Parcel in accordance with this Article 51 but that a request for review has been filed and is pending.
(2) Disclosure Requirement. The Transferor of a Flood Risk Parcel shall deliver to each prospective Transferee the Disclosure Statement, as follows:
(A) If the Transfer is a sale, then as soon as practicable before transfer of title.
(B) If the Transfer is a transfer by a real property sales contract, or by a lease with an option to purchase, or by a ground lease coupled with improvements, or by any other lease, then as soon as practicable before Execution of the contract or lease.
(b) Contents of Disclosure. The Disclosure Statement shall be on a separate form and shall state the following, in the font size shown, the size of which shall make the Disclosure Statement easily readable. The Commission or Commission staff shall have authority to approve nonmaterial changes in the Disclosure Statement:
REAL ESTATE TRANSFER DISCLOSURE STATEMENT
THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA, DESCRIBED AS BLOCK ________, LOT ______, AT THE FOLLOWING STREET ADDRESS: _______________________. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE-DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NO. ______, CODIFIED AS ARTICLE 51 OF THE SAN FRANCISCO POLICE CODE. IT IS NOT A WARRANTY OF ANY KIND BY THE TRANSFEROR(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.
The Transferor discloses the following information with the knowledge that even though this is not a warranty, prospective Transferees may rely on this information in deciding whether and on what terms to purchase, rent, or lease the subject property. Transferor hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated transfer (including any sale or lease) of the property.
THE FOLLOWING ARE REPRESENTATIONS MADE BY THE TRANSFEROR(S) AS REQUIRED BY THE CITY AND COUNTY OF SAN FRANCISCO AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE TRANSFEROR AND TRANSFEREE.
The City and County of San Francisco recognizes that it is in the public interest to ensure that persons who own properties at risk of flooding have information about their flood risk so they can take steps to mitigate the risk, such as flood-proofing their property or purchasing flood insurance. It is also in the public interest to ensure that before persons purchase, rent, or lease real property they have notice regarding the stormwater flood risk to their property. Mandatory disclosure before sale, rent, or lease is an effective tool for ensuring that buyers and tenants of real property in San Francisco have access to this important information.
Accordingly, the San Francisco Public Utilities Commission has adopted the 100-Year Storm Flood Risk Map. Your property is located in a “100-year storm flood risk zone” as shown on the 100-Year Storm Flood Risk Map. Accordingly, your property may be subject to deep and contiguous flooding during a 100-year storm event due to stormwater flow and drainage, and you may experience inconveniences, costs, and governmental requirements related to that flooding.
A 100-year storm event means a storm that has a 1% probability of occurring at a particular location in a given year.
If your property is in a “100-year storm flood risk zone” as shown on the 100-Year Storm Flood Risk Map, that does not mean your property is subject to flooding only during a 100-year storm event. Your property may also flood at other times and from other causes.
The 100-Year Storm Flood Risk Map shows only areas subject to flood risk in a 100-year storm event due to precipitation and related stormwater runoff. It does not show all areas of San Francisco that are subject to flood risk due to inundation, storm surge, high tides, stormwater systems blockages, or other causes of flooding, and should not be relied upon to provide a complete assessment of a property’s risk of flooding.
The 100-Year Storm Flood Risk Map may be found at https://www.sfwater.org/index.aspx?page=1229 and is on file with the San Francisco Public Utilities Commission at 525 Golden Gate Avenue, San Francisco, CA 94102. For additional information pertaining to this disclosure and the 100-Year Storm Flood Risk Map, please contact the San Francisco Public Utilities Commission at RainReadySF@sfwater.org or (415) 695-7326.
Transferor certifies that the information herein is true and correct to the best of the Transferor’s knowledge as of the date signed by the Transferor.
TRANSFEREE(S) AND TRANSFEROR(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN TRANSFEREE(S) AND TRANSFEROR(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS.
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.
Transferor____________ Date______ Transferee____________ Date______
Transferor_____________ Date______ Transferee____________ Date______
Agent (Broker Representing Seller)__________ By____________ Date______ (Please Print) (Associate Licensee or Broker-Signature)
Agent (Broker Obtaining the Offer)__________ By______Date_____ (Please Print) (Associate Licensee or Broker-Signature)
A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.
(c) Amendments to the Map. If, at any time after the Commission’s initial adoption of the 100-Year Storm Flood Risk Map, the Commission amends the Map at a public hearing and provides mailed notice to the owners after the hearing of all parcels impacted by such amendment (i.e., any Flood Risk Parcels that were either added to or removed from the Map), the disclosure requirement in subsection (a) shall apply to the Flood Risk Parcels of such amended Map, after 30 days have elapsed from the date of the Commission’s mailing of the notice. An owner or landlord of a newly-designated Flood Risk Parcel shall have the same right to contest its property identification in the 100-Year Flood Risk Map as is stated in subsection (a)(1)(B).
(a) Any Transferor who fails to provide the disclosure required in Section 5102 may be liable for a civil penalty of $2,000 for each failure to provide the disclosure. This penalty may be assessed and recovered in a civil action brought by a Transferee in any court of competent jurisdiction. The civil penalty available under this subsection (a) shall be in addition to any other rights and remedies that may be available to the Transferee.
(b) This Article 51 shall not create any private right of action against the City. In enacting and implementing this Article, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. The City shall have no duty or liability based on any failure to implement the disclosure required by this Article or based on the City’s failure to prosecute or enforce this disclosure requirement.
Nothing in this Article 51 is intended to alter or limit other disclosures that may be required by applicable law, including but not limited to any disclosure relating to actual flooding that may have occurred on a property.