HomeMy WebLinkAbout045 - 03/04/1997 - AMENDING CITY CODE TO REQUIRE DISSEMINATION OF INFORMATION REGARDING RADON RISK, TESTING, AND MITIGA ORDINANCE NO. 45, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING
CHAPTER 12 OF THE CODE OF THE CITY BY THE ADDITION OF PROVISIONS
REQUIRING THE DISSEMINATION OF INFORMATION REGARDING RADON RISK,
TESTING, AND MITIGATION BY THE SELLERS OF RESIDENTIAL REAL PROPERTY
WHEREAS, the United States Environmental Protection Agency has identified Larimer
County as a"Zone 1" radon area with radon levels predicted to average above 4 picocuries per liter
of air; and
WHEREAS, tests have shown that cumulative long term exposure to radon increases risk of
lung cancer and that radon is the second leading cause of lung cancer; and
WHEREAS,current radon testing methods,when applied using United States Environmental
Protection Agency measurement protocols and approved radon measurement devices, can provide
accurate readings of radon levels; and
WHEREAS, current radon mitigation techniques can, if properly installed, reduce radon
levels below 2 picocuries per liter of air; and
WHEREAS,the Council has determined that it is in the best interests of the citizens of the
City that the Natural Resources Department prepare information regarding the health risks of radon
and techniques to conduct radon tests and mitigate radon levels for dissemination by sellers for real
property to the purchasers at the time of execution of the sales/purchase contract.
NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, that Chapter 12 of the Code of the City is hereby amended by the addition of a new
Article VI, to be entitled "Radon" to provide as follows:
ARTICLE VI. RADON
Sec. 12-110. Definitions.
The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this Section.
Contract shall mean the complete and fully-executed sales/purchase agreement,
option to purchase agreement, lease-purchase agreement, right of first refusal,
memorandum of understanding, or any other offer and acceptance that is sufficient
to form an enforceable contract under law, between a buyer and a seller of residential
real property in the city.
Radon information shall mean that information produced and disseminated by the
City's Department of Natural Resources for provision by sellers to buyers prior to
execution of a contract.
Seller shall mean the seller of any residential real property located within the city
and/or any person, firm, corporation or other lawfully constituted entity acting on
behalf of such seller whether as attorney-in-fact, attorney-at-law, trustee, realtor,title
company, or any other agent or representative of the seller in the making of the
contract.
Sec. 12-111. Regulation.
Commencing June 4, 1997, every seller shall provide radon information to the
party purchasing seller's property prior to the execution of any contract for such
property.
Sec. 12-112. Violations, penalties, remedies.
Any person who violates any provision of Sec. 12-111, upon conviction, shall be
subject to the penalties in Sec. 1-15 of this Code. This Article shall not create any
civil remedy or contract right.
Introduced, considered favorably on first reading, and ordered published this 18th day of
February, A.D. 1997, and to be presented for final passage on the-4th day of Marc4,,.A.44., 1997.
l iayor
ATTEST:
OLIkLk
City Clerk
Passed and adopted on final reading this 4th day of Maw;&D. 1997.
/r
Mayor
ATTEST:� .
City Clerk