§ 50-109.5. Duty of sellers and landlords to notify of flooding.

(a)

Any person, corporation, partnership, or other entity capable of conveying property selling, giving, leasing, renting, or otherwise providing or making available to another person any real property either located within a regulatory floodplain as defined in the official floodplain document established by section 28-2, Code of Ordinances, and maintained by the city clerk and director of codes administration or that has flooded in or since 1993, whether acting directly or as agent for a third party, shall give notice in writing that the property is located in a floodplain or has flooded in or since 1993 to such other person before the property is sold, given, rented, leased or otherwise provided or made available. For purposes of this section, the term "flooding" shall include the presence, not by design, of any measurable depth of water at any location within a structure on the property as a direct result of precipitation, storm drainage, or surface water.

(b)

Any person, corporation, partnership, or other entity capable of conveying property renting, leasing, or otherwise providing or making available to another person any such property shall give notice to the other person as provided in subsection (1) at least once annually during the term of the lease or occupancy, provided that no annual notice shall be required if the first notice is in writing either included in or attached to a written lease or rental agreement. Persons presently occupying such property shall be given their initial notice no later than September 30, 1999.

(c)

The person, corporation, partnership, or other entity capable of conveying property selling, giving, leasing, renting, or otherwise providing or making available such real property shall retain a written record of all such notices either by signed acknowledgment of the delivery or by receipt for certified mail to the location being leased which shows that the notice has either been delivered, refused or not picked up. Such records shall be retained until three years after the transfer of title or after the end of the occupancy, as the case may be.

(d)

Foreclosure sales and sales arising out of probate proceedings and beneficiary deeds are exempt from the provisions of this section.

(e)

It shall be an affirmative defense to any charge brought pursuant to this section that the person, corporation, partnership, or other entity capable of conveying property had no actual knowledge of any flooding that occurred after making reasonable inquiry as to the history of flooding of the property.

(Ord. No. 981225, § 1, 10-22-98)