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HomeMy WebLinkAbout236 - Requiring Notification of 1911 Act Improvememtsas follows: ORDINANCE NO. 236 AN ORDINANCZ OF THE CITY OF COSTA MESA, CALIFORNIA, REQUIRING SEDERS OF LOTS TO NOTIFY PURCHASERS OF PENDING 1911 IMPROVE- MENT DISTRICTS. The City Council of the City of Costa Mesa does hereby ordain SECTION 1. Prior to the time that ark• seller secures the signa- ture of any person to any contract, pertaining to the sale, purchase, or exchange of real property, he shall deliver to the prospective purchaser a notice in the form as hereinafter set forth. SECTION 2. The provisions of this ordinance shall apply only to properties located within the boundaries of a pending "1911 Improvement District", instituted by the City of Costa Mesa. The term "in pending" shall mean on and after the date on which the protests hearing is held by the City Council on said subject improvement di strict, pursuant to the provisions of Section 5221 of the Streets and Highways Code of the State of California. SECTION 3. The notice hereinabove required to be given shall be in substantially the following form: "YOU ARE HEREBY NOTIFIED, that this property will be subject to a proposed assessment to be levied upon it for street improvements, drainage and other work and improvements. The tentative amount of this assessment may be ascertained at the office of the City Clerk of the City of Costa Mesa, located in the City Hall, 695 West 19th Street, Costa Mesa, California." SECTION 4. Any person, firm or corporation violating the pro- visions of this ordinance by failing to give the notice herein required shall be deemed to be guilty of a misdemeanor, and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00), or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both fine and imprison- ment. SECTION 5. This ordinance shall be an Urgency Ordinance. The facts constituting such urgency are as follows: The City of Costa Mesa has initiated and is in the process of planning a series of 1911 Improvement District Projects, governing the major -1- portion of the City of Costa Mesa, for street improvements, drainage, and similar work. By law a long period of time is required between the initia- tion of such an improvement project, and the date that an assessment is levied on the individual properties for the payment of such improvements. Baring this interval many purchasers buy properties without knowlege of the pending assessment, and hardship results on such purchasers by reason of such lack of notice. It is, therefore, necessary for the protection of the people of the City of Costa Mesa that this ordinance take effect immediately. SECTION 6. ENACTMENT: This ordinance shall take effect imme- di.ately,and within fifteen (15) days thereafter this Ordinance, together with the names of the members of the City Council voting for and against the same, shall be published once in the Costa Mesa Globe -Herald and Pilot, a newspaper of general circulation, printed and published in the City of Costa Mesa. PASSED AND ADOPTED this 4th day of May, 1959. (2, 2 L, � � /, d":: e:: ! �- . Mayo f the City of Costa Mesa ATTEST City Clerk of the City 7T Costa -Mesa STA -TE OF CALIFORNIA) CO1T$TY OF ORANGE ) ss. CITY tF COSTA MESA ) I, A. C. SWARTZ, City Clerk and ex -officio Clerk of the City "Council of the City of Costa Mesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Mesa, held on the -4th -day of May, 1959, the foregoing Ordinance was considered section by section and that said Ordinance was then passed and adopted as a whole by the following vete: AYES: Councilmen - B. Smith, Pinkley, Meyers, J. Smith -ITOT.^i: Councilmen - None ABSENT: Councilmen - Rea IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Costa Mesa this qday of May, 1959. City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, California. -2- LEGAL NOTICE ORDINANCE NO. 236 AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, RE- QUIRING SELLERS OF LOTS TO NOTIFY PURCHASERS OF PEND- ING 1911 IMPROVEMENT DIS- TRICTS. The City Council of the City of Costa Mesa does hereby ordain as follows: SECTION 1. Prior to the time that any seller secures the signature of any person to any contract, pertain- ing to the sale, purchase, or exchange of real property, he shall deliver to the prospective purchaser a notice in the form as hereinafter set forth. SECTION 2. The provisions of this ordinance shall apply only to prop- erties located within the boundaries of a pending 111911 Improvement Dis- trict," instituted by the City of Costa Mesa. The term "in pending" shall mean on and after the date on which the protests hearing is held by the City Council on said subject improve- ment district, pursuant to the provi- a tons of Section 5221 of the Streets and Highways Code of the State of Cali- fornia. SECTION 3. The notice hereinabove required to be given shall be in sub- stantially the following form: "YOU ARE HEREBY NOTIFIED, that this property will be subject to a proposed assessment to be levied upon it for street improvements, drainage and other work and im- provements. The tentative amount of this assessment may be ascer- tained at the office of the City Clerk of the City of Costa Mesa, located in the City Hall, 695 West 19th Street, Costa Mesa, California." SECTION 4. Any person, firm or corporation violating the provisions of this ordinance by failing to give the notice herein required shall be deemed to be guilty of a misdemeanor, and shall be punished by a fine not to exceed Five Hundred Dollars ($500.06), or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both fine and im- prisonment. SECTION 5. This ordinance shall be an Urgency Ordinance. The facts con- stituting such urgency are as follows: The City of Costa Mesa has Wti- ated and is in the process of plan- ning a series of 1911 Improvement District Projects, governing the major portion of the City of Costa Mesa, for street improvements, drainage, and similar work. By law a long period of time is required between the initiation of such an improvement project, and the date that an assessment is levied on the individual properties for the payment of such improvements. Dur- ing this interval many purchasers buy properties without knowledge of the pending assessment, and hardship re- sults on such purchasers by reason of such lack of notice. It is, therefore, necessary for the protection of the peo- ple of the City of Costa Mesa that this ordinance take effect immediately. SECTION 6. ENACTMENT: This ordinance shall take effect immedi- ately, and within fifteen (15) days thereafter this Ordinance, together with the names of the members of the City Council voting for and against the same, shall be published once in the Globe -Herald and pilot, a news- paper of general circulation. printed and published in the City of Costa Mesa. PASSED AND ADOPTED this 4th day of May, 1959. JOHN W. SMITH Mayor of the CITY OF COSTA MESA ATTEST: A. C. SWARTZ City Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) I, A. C. SWARTZ, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Mesa, held on the 4th day of May, 1959, the foregoing Ordinance was con. sidered section by section and that said Ordinance was then passed and adopted as a whole by the following vote: AYES: Councilmen — B. Smith, Pinkley, Meyers. J. Smith NOES: Councilmen — None ABSENT: Councilmen — Rea IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Costa Mesa this 5th day of May, 1959. A. C. SWARTZ City Clerk and ex -offi- cio Clerk of the City Council of the City of Costa Mesa, California Published Globe Herald and Pilot June 1, 1959, Costa Mesa, Calif. M-62