Whiting

Whiting v. City of Pasadena

Good Law
1967 Cal. App. LEXIS 1285·255 Cal. App. 2d 372·63 Cal. Rptr. 174
Court of Appeal of CaliforniaOctober 25, 1967Civ. No. 31110California1,656 words

Opinion

Lead Opinion

Fleming, J.

Whiting appeals from a summary judgment which dismissed his complaint to quiet title and declared valid a special assessment lien of the City of Pasadena against his property.

In February 1965 Whiting purchased a lot in Pasadena at a trustee’s sale. In October 1965 the city notified him that a special assessment of $947 was due on the lot, a sum which represented the cost of demolishing a house on the lot in 1964 in proceedings under Pasadena Ordinance No. 4590. Whiting filed suit in the superior court to quiet title, asking *370 that the City of Pasadena be barred from asserting its lien against the property because of its failure to record the order for demolition as required by the ordinance. Both parties moved for summary judgment, and the motion of the city was granted.

In demolishing the house the City of Pasadena acted under a 1962 ordinance which adopted with certain modifications the 1961 Edition of the Uniform Housing Code of the International Conference of Building Officials. The stated goals of the ordinance were to prevent the spread of substandard housing and to eliminate blight. The ordinance declared that buildings found to be substandard within the definition of…

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