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(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.
Please note that the listed website link is outdated and the new website link is: https://sfpuc.org/learning/emergency-preparedness/flood-maps , which is located in the sfpuc.org website.
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).
(Added by Ord. 35-19, File No. 181108, App. 3/8/2019, Eff. 4/8/2019)