Findings and Purpose. | |
Definitions. | |
Disclosure Requirement. | |
Private Right of Action. | |
Other Disclosure Requirements. |
(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.
(Added by Ord. 35-19, File No. 181108, App. 3/8/2019, Eff. 4/8/2019)
“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.
(Added by Ord. 35-19, File No. 181108, App. 3/8/2019, Eff. 4/8/2019)
Loading...