Ordinance Number 987ORDINANCE NO. 987
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, RESCINDING TITLE 8, CHAPTER 9, HOME WARRANTY
PROGRAM OF THE MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
WHEREAS, Title 8, Chapter 9, Home Warranty Program of the Municipal
Code was adopted by the City on July 18, 1978 as part of Ordinance 600 adopting a
comprehensive update to the Municipal Code and requires sellers of new residential
dwelling units in subdivisions to provide a three (3) year home warranty to all homeowners
of new homes to insure against faulty workmanship and materials and major construction
defects; and,
WHEREAS, State law pursuant to Senate Bill 800, Construction Defect
provisions provides appropriate and necessary protection to new homeowners in cases of
alleged construction defect through requirements that homebuilders provide new
homeowners with home warranties; and,
WHEREAS, Title 8, Chapter 9, Home Warranty Program duplicates State
legislative efforts and creates additional, unnecessary costs for new home development;
and,
. WHEREAS, rescinding Title 8, Chapter 9, Home Warranty Program merits
further study and consideration with respect to recent changes in State law.
SECTION 2. Action.
The City Council of the City of San Juan Capistrano hereby rescinds Title 8,
Chapter 9, Home Warranty Program of the Municipal Code.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. City Clerk's Certification,
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five
(5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and shall
post a certified copy of this Ordinance, together with the vote for and against the same, in
the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 7th day of June 2011.
ALLEVATO, MAYOR
AT -T.7 T: j
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MARIA N40RR , Cl Y L E R K
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 987 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 17th day of May 2011 and that thereafter, said Ordinance was duly adopted
and passed at the Regular Meeting of the City Council on the 7th day of June 2011 by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Reeve, Taylor and Mayor Allevato
NOES COUNCIL MEMBERS: Freese
ABSENT: COUNCIL MEMBE-R.S: Mayor pro tem Kramer (stepped out of Chamber)
na
MORRIS, CITE' CLERK
2 0 987
STATE OF CALIFORNIA j
COUNTY OF ORANGE } ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO }
I, MARIA MORRIS, declare as follows:
That 1 am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
That in compliance with State laws, Government Code section 36933(1) of the State of
California, on the 19th day of May 2011, at least 5 days prior to the adoption of the
ordinance, I caused to be posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
RESCINDING TITLE 8, CHAPTER 9, HOME WARRANTY PROGRAM OF
THE MUNICIPAL CODE
This document was posted in the Office oft ity Cler
WAAA MORRI , CIT C ERK
San Juan Capistr -nb, California
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO }
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
that in compliance with State laws, Government Code section 36933(1) of the State of
California.
On the 9th day of June 2011 1 caused to be posted a certified copy of Ordinance No, 987,
adopted by the City Council on June 7, 2011 entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
RESCINDING TITLE 8, CHAPTER 9, HOME WARRANTY PROGRAM OF
THE MUNICIPAL CODE
7,drument wa pos d in the Office of the City Clerk
MO CI Y CLERK
San Juan Capistran , California
3 0987