This is a list of local disclosures in Santa Clara County. This list may not comprehensively include every disclosure and it is still the responsibility of the individual agent to understand all local disclosures and laws that may apply in the transaction of real property they are conducting.
Bay Area Air Quality Management District – Residential Fireplace Disclosure
Effective June 1, 2016, Regulation 6, Rule 3, Section 304 requires anyone who is selling, renting or leasing property in the nine counties of the Bay Area that has a wood-burning device to disclose health hazards of PM2.5. To comply with the requirements of the rule, the Air District prepared the enclosed “Residential Fireplace Disclosure.” Disclosures must be signed and dated by the buyer or renter upon receipt. Additional information on the health hazards of burning wood may be considered if approval is obtained from the Air District. All requests for approval to meet June 1, 2016 requirement must be received by May 1, 2016.
Solano County (southwest portion only)
Sonoma County (southern portion only
Jurisdiction Information: http://www.baaqmd.gov/in-your-community
San Jose – Street Tree Disclosure
During the sale or transfer of a residential real property, the seller must disclose to the buyer if the property complies with the city’s street tree maintenance and replacement requirements of Sections 13.28.130.B. and 13.28.190. The City disclosure form generally requires that the property must have one street tree for any adjacent street (if it is an interior lot) and at least three street trees if it is a corner lot.
San Jose Tree Policy Manual: http://www.sanjoseca.gov/DocumentCenter/View/8968
Saratoga – Connection to Public Sanitary Sewer or Inspection of Private On-Site Sewage Disposal System Upon Transfer of Ownership of Property
No person shall transfer or convey more than 50 percent of the ownership interest in any real property, residence, place of business, or other building, located within 200 feet of an available approved public sanitary sewer, and upon which a private on-site sewage disposal system exists, without first providing for connection to the approved public sanitary sewer to the satisfaction of the City, as a condition to close of escrow or transfer of ownership of the subject property. No person shall sell, transfer, or convey more than 50 percent of the ownership interest in any real property, residence, place of business, or other building located in excess of 200 feet of an approved public sanitary sewer, upon which a private on-site sewage disposal system exists, without first obtaining an inspection of the sewage disposal system and written report summarizing the results of the inspection.
Saratoga – Occupancy Inspections
Transfer of ownership of any real property, except a site having a single-family dwelling (detached dwelling unit, condominium or townhouse unit) as the main structure thereon requires an occupancy inspection. No transfer of ownership shall be invalidated as a result of the failure to arrange for a prior occupancy inspection, but such inspection may be initiated and conducted by the City at any time after discovery by the building official that the transfer has occurred. The obligation to take corrective action, as described in Section 16-71.040, shall be imposed upon the current owner of the real property or business. Occupancy inspections shall be conducted by the City upon a request and appointment being made by the owner or occupant of the real property or the owner or operator of the business. Where an occupancy inspection is being made in connection with the transfer of real property, the entire site to be transferred shall be inspected. Where the occupancy inspection is being made in connection with the establishment or transfer of a business or a change of use, the premises where such business or use is conducted shall be inspected. The occupancy inspection shall be made for the purpose of determining whether the real property or premises and the proposed use thereof comply with all applicable zoning regulations of the City, all applicable state and local building codes and regulations, all applicable federal, state and local statutes, ordinances, and rules and regulations pertaining to hazardous materials or hazardous wastes. Within 10 days after completion of the inspection, the building official shall issue an inspection report to the person who originally requested the inspection or to the owner of the property if no prior request was made. The report shall also be made available to any other person requesting a copy thereof. The inspection report shall be effective for a period of 18 months from the date of the report. If the intended transfer of ownership or establishment of business or change of use is not accomplished within such period of time, an updated report must be obtained from the building official. Upon a determination by the building official that a violation of any statute, ordinance exists, the building official may order such corrective work to be performed as he deems necessary or appropriate to protect the health or safety of the occupants of the structure and the general public. The corrective work shall be commenced and completed within such times as specified by the building official. Unless authorized by the building official, no business license may be issued or change of use established until the corrective work has been completed to the satisfaction of the building official.
Sunnyvale – Storm Water Management, Agreement to Maintain
Any land owner of a property which has been required under Chapter 12.60 (generally projects greater than 10,000 square feet of construction of any impervious space since 2001, greater than 5,000 square feet after December 1, 2011, and greater than 2,500 square feet after December 1, 2012) to construct or install and maintain such best management practices (structural device, measure, facility, or activity) shall, upon transferring ownership of such property, provide the new owners with a current copy of chapter 12.60, and shall inform the new owners in writing of their obligation to properly operate and maintain such stormwater treatment and/or source control best management practice.