ORDINANCE G-99-

AN ORDINANCE TO AMEND CHAPTER 12 OF THE CODE OF THE CITY OF FREDERICK , MARYLAND 1966, ENTITLED “HOUSING,” BY ADDING SECTION 12.5-30 ENTITLED “DISCLOSURE UPON SALE OF REAL PROPERTY.”

SECTION I: BE IT ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF FREDERICK, MARYLAND, that Chapter 12 of the Code of The City of Frederick, Maryland, 1966, entitled “Housing,” be amended by adding the following section:

Section 12.5-30. Disclosure upon sale of real property.

(a) Buyer’s right to review documents.

(1) In addition to those rights enumerated in the Annotated Code of Maryland, State Government Article, Title 10, Subtitle 6, Records, the Real Property Article, Title 10, Subtitle 7, Contracts of Sale, and all other rights as afforded by State and local law, prior to entering into a contract for sale of real property within The City of Frederick, a prospective buyer has the right to review the following documents pertaining to the area in which a property is located: the comprehensive plan, any adopted amendment to the plan, approved official maps showing the delineation of the Historic Frederick District, and approved official maps showing planned land uses, planned neighborhood developments, airports, roads, highways, parks and other public facilities affecting the property, The City of Frederick Zoning Ordinance and all official submittals for development review with the Department of Planning. These documents are available at The City of Frederick Department of Planning.

(2) Each contract for sale of real property within The City of Frederick shall contain a clearly identified provision, in bold type, as set forth is section 12.5-30(e) that notifies a prospective buyer of the buyer’s right to

i) review the documents identified in section 12.5-30(a)(1); and

ii) request a review period for the purpose of reviewing the documents identified in section 12.5-30(a)(1), or to waive such review period.

(3) A seller of real property within The City of Frederick shall provide to any prospective buyer who requests a review period pursuant to section 12.5-30(a)(3) a separate contract addendum stating that:

(a) during the period of time specified in the addendum, the buyer may review the documents identified in section 12.5-30(a)(1); and

(b) during the period of time specified in the addendum, the buyer may rescind the contract for sale of real property, upon written notice to the seller.

(b) Historic district.

It is the responsibility of the buyer to determine whether the property lies within the area designated as the Historic Frederick District and to comply with any state and local laws pertaining as a result of such designation.

(c) Buyer’s signature required.

Each contract for sale of real property within The City of Frederick shall require a buyer’s signature, acknowledging that buyer has read and understood the provisions of the disclosure requirement as herein set forth.

d) Penalties.

Any person who violates any provision of this chapter adopted hereby is guilty of a municipal infraction punishable by a civil penalty not exceeding one hundred dollars ($100.00). Failure to comply with any provision of this Disclosure section shall not prevent the recording of any document, or the title to real property or any mortgage or deed of trust made in god faith or for value, and it shall not affect the application of this Ordinance.

e) Disclosure Statement Format

The following format shall be used in compliance with the provisions of this ordinance and shall be in every contract for sale of real property within The City of Frederick:

The City of Frederick Disclosure Statement

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY LOCATED WITHIN THE CITY OF FREDERICK, STATE OF MARYLAND, DESCRIBED AS: _____________________________________________________________. THIS STATEMENT IS A DISCLOSURE OF THE EXISTENCE OF THE CITY OF FREDERICK DISCLOSURE ORDINANCE IN COMPLIANCE WITH THE CITY OF FREDERICK CODE SECTION NO. ____________, (THE CITY OF FREDERICK DISCLOSURE UPON SALE OF REAL PROPERTY ORDINANCE). THIS ORDINANCE AFFORDS A BUYER THE RIGHT TO REVIEW LAND USE DOCUMENTS, AND TO REQUEST A REVIEW PERIOD OR TO WAIVE SUCH REVIEW PERIOD. SEE ORDINANCE FOR COMPLETE DETAILS.

THE FOLLOWING ARE REPRESENTATIONS MADE BY THE BUYER IN A CONTRACT FOR SALE OF RESIDENTIAL REAL PROPERTY WITHIN THE CITY OF FREDERICK AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY.

BUYER ACKNOWLEDGES THAT IT IS BUYER’S RIGHT TO REVIEW THE APPROPRIATE MAPS AND PLANS AT THE CITY OF FREDERICK DEPARTMENT OF PLANNING FOR INFORMATION ABOUT THE FREDERICK CITY AIRPORT, HISTORIC DISTRICT DELINEATION, ANY LAND USES, PLANNED NEIGHBORHOOD DEVELOPMENTS, ROADS, HIGHWAYS, PARKS AND OTHER PUBLIC FACILITIES AFFECTING PROPERTY, AND ANY AMENDMENTS THERETO, THE CITY OF FREDERICK ZONING ORDINANCE AND ANY OFFICIAL SUBMITTAL FOR DEVELOPMENT REVIEW WITH THE DEPARTMENT OF PLANNING. BUYER FURTHER ACKNOWLEDGES THAT IT IS THE BUYER’S RESPONSIBILITY TO DETERMINE WHETHER THE BUYER’S PROPERTY LIES WITHIN THAT AREA OF THE CITY OF FREDERICK DESIGNATED AS THE FREDERICK HISTORIC DISTRICT AND TO COMPLY WITH ANY STATE AND LOCAL LAWS PERTAINING AS A RESULT OF SUCH DESIGNATION.

BUYER HEREBY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ABOVE DISCLOSURE AND REQUESTS A PERIOD OF TIME TO REVIEW THE ABOVE STATED DOCUMENTS AS PER THE ATTACHED ADDENDUM:

________________________________ _____________________________

BUYER’S SIGNATURE DATE

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BUYER’S SIGNATURE DATE

BUYER HEREBY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ABOVE DISCLOSURE AND WAIVES THE REVIEW PERIOD:

________________________________ _____________________________

BUYER’S SIGNATURE DATE

_____________________________ _____________________________

BUYER’S SIGNATURE DATE

SECTION II: BE ENACTED AND ORDAINED BY THE AUTHORITY AFORESAID, that this Ordinance shall take effect sixty (60) days from the date of approval, and that all other ordinances or parts of ordinances inconsistent with the provisions of this Ordinance be and the same are hereby repealed to the extent of such inconsistency.

APPROVED: PASSED:

______________________ ______________________

JAMES S. GRIMES, Mayor JAMES S. GRIMES, President

Board of Aldermen

Reviewed and Approved for Legal Sufficiency:

_____________________________________

Heather Price Smith, Assistant City Attorney

COPIES OF THE EXECUTED (SIGNED) ORDINANCE CAN BE FOUND AT CITY HALL, THE CITY’S PLANNING DEPARTMENT, THE CITY’S PERMITS AND CODES DEPARTMENT AND THE C. BURR ARTZ LIBRARY.