CHAPTER 18A
LOCAL DISCLOSURE REQUIREMENTS ON THE SALE OF REAL ESTATE

18A.1 Purpose.

The purpose of this ordinance is to establish a mechanism to inform future residents of the City of Fairfield of assessments and taxes imposed on their property which are payable to the City of Fairfield, to disclose information on vacant land planned for development within the city, to disclose information on residential property located within a Quality Neighborhood Project and to disclose information on the aircraft noise associated with Travis Air Force Base. The city council believes that our future residents have the right to know of the amount and nature of these assessments and taxes, should be aware of future development in the city, should be aware of any Quality Neighborhood Projects, and should be aware of the presence of Travis Air Force Base prior to purchasing their residences. The legislature of the State of California has declared the importance of providing a prospective purchaser of real property with all facts materially affecting the value or desirability of that real property. (Ord. No. 93-19, § 3; Ord. No. 95-33, § 1; Ord. No. 95-34, § 1.)

18A.2 Transactions to which requirement applies.

This ordinance shall apply to any transfer of real property zoned for residential use by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase and including but not limited to transfers which are required to be preceded by the furnishing to a prospective transferee of a public report pursuant to section 11018.1 of the business and professions code.

18A.3 Disclosure required.

(a) In General. Any transferrer of real property zoned for residential use shall include on the LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT completed pursuant to California civil code § 1102.6a (as that section may be hereinafter amended) the type and amount of taxes and assessments payable to the City of Fairfield, the Fairfield Suisun Unified School District, Solano Irrigation District, Fairfield Suisun Sewer District and the County of Solano (hereinafter "responsible local government"). The following form of disclosure shall be used: (Ord. No. 92-12, § 1.)


Name and address of Responsible Local Government	Type of Tax/ Assessment	Purpose	Amount

If the development is not yet completed and construction is still taking place, the special tax may increase dramatically from year to year. Once the development is completed, the special tax should stabilize, but will be increased by a nominal amount to cover inflation costs associated with maintenance.

The "type" of the taxes and assessments shall include the type and purpose of the tax (e.g. Mello Roos Community Facilities Act tax for open space; Landscape Maintenance District assessment for landscape maintenance). The amount of the tax or assessment shall be the amount due to the City of Fairfield in the fiscal year in which the property is transferred if that amount is available to the transferrer; if unavailable, the amount shall be the amount payable in the fiscal year preceding the year in which the property is transferred.

(b) Rancho Solano. Any transferrer of real property abutting any part of the Rancho Solano Golf Course shall include on the LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT completed pursuant to California Civil Code section 1102.6a (as that section may be hereinafter amended) the following statement:

"The home you may purchase in Rancho Solano located at is subject to an easement for errant golf balls. This means that golf balls hit from the golf course may cross and land on your property causing substantial property damage or personal injury. Golfers on the Rancho Solano course are responsible for their golf shots and any resulting damages. The City of Fairfield does not plan to make future design changes to the golf course or pay for property damage or personal injury caused by golf balls. (Ord. No. 92-12, § 1.)

(c) Paradise Valley. Any transferrer of real property abutting any part of the Paradise Valley Golf Course shall include on the LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT completed pursuant to California Civil Code section 1102.6a (as that section may be hereinafter amended) the following statement:

"The home you may purchase in Paradise Valley located at is subject to an easement for errant golf balls. This means that golf balls hit from the golf course may cross and land on your property causing substantial property damage or personal injury. Golfers on the Paradise Valley course are responsible for their golf shots and any resulting damages. The City of Fairfield does not plan to pay for property damage or personal injury caused by golf balls, nor to make design changes once the golf course is built. (Ord. No. 92-12, § 1.)

(d) Future Development. Any transferrer of real property zoned for residential use shall include on the LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT completed pursuant to California Civil Code section 1102.6a (as that section may be hereinafter amended) the following statement:

You are hereby notified that there may be vacant land that is planned for future development in the vicinity of the home you may purchase at ___________________________. Further information on planned development within the city of Fairfield can be obtained from the Fairfield Department of Planning and Development, 1000 Webster Street, 2nd floor, Fairfield, CA 94533, telephone: (707) 428-7461. (Ord. No. 93-19, § 3.)

(e) Quality Neighborhood Project. Any transferrer of real property zoned for residential use located within a Quality Neighborhood Project shall include on the LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT completed pursuant to California Civil Code Section 1102.6a (as that section may be hereinafter amended) the following statement:

You are hereby notified that the residential property that you may purchase at ____________________________ is located within a Quality Neighborhood Project. Further information on this disclosure may be obtained from the Fairfield Quality Neighborhood Team, 1000 Webster Street, Fairfield, California 94533; telephone: (707)428-7642. (Ord. No. 95-33, § 1.)

(f) Travis Air Force Base. Any transferrer of real property zoned for residential use located north of Air Base Parkway and east of Clay Bank Road, or south of Air Base Parkway and east of Walters Road shall include on the LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT completed pursuant to California Civil Code Section 1102.6a (as that section may be hereinafter amended) the following statement:

You are hereby notified that the residential property that you may purchase at ________________________ is located within the vicinity of Travis air Force Base. Travis Air Force Base is located in the eastern portion of the City of Fairfield. The City of Fairfield does not permit residential development at a noise level in excess of 60-decibel noise contour for the maximum mission of Travis Air Force Base (as represented in the 2002 Travis AFB Land Use Compatibility Plan). However, residents of Fairfield within the vicinity of Travis Air Force Base may experience noise from aircraft operations at the Travis Air Force Base. The amount of noise may change over time depending on the mission and operations of the base. Further information on this disclosure may be obtained from the Fairfield Planning and Development Department, 1000 Webster Street, Second Floor, Fairfield, California 94533; telephone: (707)428-7461. (Ord. No. 95-34, § 1; Ord. 2003-08, § 1, Ord. 2006-03, §VI.)

18A.4 Information available.

In the event a transferrer of real property zoned for residential use does not have sufficient information to comply with Sec. 18A.3, the transferrer shall seek out the information from the finance department of the City of Fairfield.

18A.5 Penalty.