Ordinance Number 34241
ORDINANCE NO. 392
DISCLOSURE OF INFORMATION TO HOMEBUYERS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REQUIRING DISCLOSURE OF INFORMATION
RELATING TO CONDITIONS IMPOSED BY THE CITY ON
SUBDIVISIONS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds and determines as
follows:
A. Section 1.3.3 B1 of Ordinance No. 293 provides that:
No building or structure shall be occupied or use
of land established without the issuance of a
Certificate of Use and Occupancy."
Certificates of Use and Occupancy are issued by
the City only upon the builder's having met all
of the conditions imposed by the City of San Juan
Capistrano.
From time to time, particularly in subdivisions,
homebuyers consummate their sales and accept
possession and occupancy of residences without
such a Certificate of Occupancy having been issued
by the City.
D. The consummation of sales of homes and the granting
of possession and occupancy to homebuyers before the
issuance of Certificates of Use and .Occupancy by
the City is not only illegal but also causes disputes,
recriminations, and controversy which are detrimental
to the health, safety, and welfare of the City of
San Juan Capistrano.
SECTION 2. Therefore, no person, firm, or corporation
developing and selling or offering for sale residential property
or acting as escrow agent in connection therewith within any
approved new residential subdivision in the City of San Juan
Capistrano shall sell such property, offer it for sale or act as
escrow agent therefor, unless the sales documents, i.e., deposit
receipt, agreement for sale and purchase, and escrow instructions,
shall prominently include a caveat stating as follows:
NOTICE TO PURCHASER
The Land Use Management Code of the City of San Juan
Capistrano prohibits the occupancy of any residence
prior to the issuance of a Certificate of Use and
Occupancy by the City. Therefore, before finalizing
your move -in plans, you must ascertain from the
Department of Community Planning and Development of
the City of San Juan Capistrano when such a permit
will be issued.
SECTION 3. Any person, firm or corporation violating
any of the provisions of this Ordinance shall be guilty of a
misdemeanor and shall be punishable by a fine not to exceed
$500.00 or imprisonment in the County Jail for a period not to
exceed six months, or by both such fine and imprisonment, or by
withdrawal of any temporary Use and Occupancy Permit previously
issued for any model home or sales office within the subdivision.
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SECTION 4. This Ordinance shall take effect and be in
force 30 days after its passage.
SECTION 5. The City Clerk shall certify to the adoption
of this Ordinance and cause the same to be posted in the duly
designated posting places within the City of San Juan Capistrano
within 15 days after its passage.
PASSED, APPROVED AND ADOPTED this 7th day of
December , 1977, by the following vote, to wit:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
,14-4A'.
YV O. HECKSCHER, MAYOR
ATTEST:
CITYC_.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 342 , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on November 16 1977, and adopted at
a meeting held on December 7 , 1977.
(SEAL) P�� "M //% ��
RY ANN- ANOVER CITY CLERK
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