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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. no 42 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 -2-