Ordinance Number 787073
ORDINANCE NO. 787
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9, CHAPTER 10 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE RELATING TO THE SOILS SUBSIDENCE
REMEDIATION PROGRAM
WHEREAS, the right of a Geologic Hazard Abatement District to recover funds
expended in the repair of the displacement of soils is essential to the continued protection of
homeowners and property within the City; and,
WHEREAS, the right of recovery is presently limited to developers and
associations by the recently -adopted text of Section 9-10.03(a)(5) and Section 9-10.03(b)(2) to the
omission of the Geologic Hazard Abatement District, where such is created; and,
WHEREAS, it is necessary to amend the text of Section 9-10.03(a)(5) and Section
9-10.03(b)(2) to achieve the original intent of the ordinance, to add the Geologic Hazard
Abatement District to the powers reserved in this section.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
Based on the findings set forth above, Title 9, Chapter 10 of the San Juan
Capistrano Municipal Code is hereby amended as follows:
1. Section 9-10.03(a)(5) is hereby amended in its entirety to read as follows:
"Section 9-10.03(a)(5) Reserved rights clause. This clause shall be
included in the formation of the Geologic Hazard Abatement District reserving the right
of the subdivider, a homeowners' association or the Geologic Hazard Abatement District
to assert claims against any person or entity responsible in whole or in part for the
displacement of soils covered by this section."
2. Section 9-10.03(b)(2) is hereby amended in its entirety to read as follows:
"Section 9-10.03(b)(2) Reserved rights clause. This clause is to
reserve the right of the subdivider, a homeowners' association or the Geologic Hazard
Abatement District to assert claims against any person or entity responsible in whole or in
part for the displacement of soils covered by this program."
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This Ordinance shall take effect and be in force thirty (30) days after its passage.
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be published once as required by law and posted at the duly designated posting places within
the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 17th day of
December , 1996.
DAVID M. ERDLIN, MAYOR
ATTEST:
CITY CLE
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance
No. 787 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on December 3 '1996, and adopted at a
meeting held on December 17 , 1996, by the following vote:
AYES: Council Members Jones, Hart, Campbell
and Mayor Swerdlin
NOES: None
ABSTAIN: Council Member Greiner
ABSENT: None
(SEAL)
CHERYL J S , CITY CLERK
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