Section 13.13 No Penalty for Inadvertent Failure to Report or Accurately Convey Information that is Unknown and Otherwise Unobtainable by Legal Means and Reasonable Efforts

(Adopted July 12, 2022)

            If certain information is unknown to an owner or manager, and the owner or manager is not able to ascertain exact information through legal means and reasonable efforts, the owner or manager may report requested information on information or belief, or note that information provided is approximate, or state that the requested information is unknown. An owner or manager who reports the required information in accordance with the foregoing shall be deemed to have substantially complied with the reporting requirements of Ordinance Section 37.15.

            Accordingly, when an owner or manager reports information required by Ordinance Section 37.15 under penalty of perjury, such information shall be considered to be reported on information and belief where the owner does not have direct, firsthand knowledge of the requested information, and an owner or manager shall not be penalized for failure to report information accurately or stating it is unknown, so long as they have reported the requested information “to the best of the owner’s or manager’s knowledge.”

            The form of certification under penalty of perjury shall be as follows:

I have used all reasonable diligence in preparing this statement. I have reviewed the statement and to the best of my knowledge the information contained herein is true and complete. To the extent I was unable, despite the use of reasonable diligence, to ascertain the exact information to be reported, I have provided the most accurate approximation that I can based on information and belief where possible or, where such approximation is not feasible, I have stated that the information is unknown. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.