O1153
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Council Meeting 03-25-80
Santa Monicat Cal ifornia
ORDINANCE NO.
1153
(City Council Series)
AN ORDINANCE OF THE CITY COUNC'L OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 6
OF ARTICLE IV OF THE SANTA MONICA MUNI-
CIPAL CODE TO ENACT THE RENT CONTROL
ORDINANCE, TO IMPLEMENT ARTICLE XVIII
OF THE CITY CHARTER.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS
AS FOLLOWS,
SECTION I. Sections 4601 through 4616 of the Santa
MonIca MuniCIpal Code, codifying, clarifying and implementing
the Santa Monica Rent Control law, are hereby repealed.
SECTION 2. Chapter 6 of Article IV of the Santa Monica
Municipal Code, relating to Residential Rental Property, is hereby
amended to read as follows:
SECTJON 4601.
SCOPE. PURPOSE.
This Chapter implements Article XVI I I of the City
Charter, enacted by the voters of the City of Santa Monica as
Proposition "A" at the General MunLcipa1 Election of April 10,
1979.
It is the intent of the Chapter to uphold the letter and
spirit of this Rent ControT Law, to enforce it fairly and effi-
cient1y, and to integrate it into the whole of the City, its
governr.lent, law, and plans.
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APR 8 1980
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SECTION lj602.
CODIFICATION.
NAME.
This Chapter may be known as the "Rent Control
Ordinancel'. Article XVII! of the City Charter, enacted as
Proposition "All, shall be known as the "Rent Control Law". The
whole of Article XVI I I of the City Charter~ and each part thereof,
is made part of this Code.
SECTION 4603. CITY PERMITS CONDITIONED ON REMOVAL PERMIT.
On and after the effective date of this ordinance, no
department, commission, board, or agency of the City shall accept
for processing or issue any new permits or appl ications to demolish
or convert or otherwise remove a controlled rental unit from the
rental housing market unless the owner of the property has first
secured a removal permit under Section 1803 (T), an exemption
determination, or approval of a vested rights claim, from the
Rent Contr01 Board.
SECTION 4604.
VESTED RIGHTS.
The Rent Control Board sha] I determine vested rights
claims arising under the Rent Control Law, as well as the standards
and procedures for such determinations. Any person claiming a
vested right to be exempt from the permit requirements of Section
1803 (T) must substantiate the claim in a proceeding before the
Rent Control Board.
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SECTION 4605.
VESTED RIGHTS. CAUSE FOR EVICTION.
If a person acquires a determination from the Rent
Control Board that he or she has a vested right to convert or
remove a rental unit from the market by converSIon, he or she
sha] J be deemed to have acquired a removal permit for the pur-
pose of establishing cause for eVIction under Section 1806 (I).
The other causes for eviction set forth in Section 1806 ~hall
continue to apply together with the other provisions of this
Chapter.
SECTION 4606.
BOARD PART OF GOVERNMENT.
The Rent Control Board shal I be an integral part of
the government of this City.
The Rent Control Administrator and
Administration Staff shall administer and supervise the financial,
personnel, and purchasing affairs of the Board.
SECTION 4607.
STATUS OF BOARD EMPLOYEES
The Rent Control Board has the authority to hire, pay,
promote, and fire any employees it deems necessary for the
implementation of the Rent Control Law. The Board shall determine
which of its positions are unclassified, pursuant to Section 1102
of the City Charter.
SECTION 4608.
BUDGET.
Prior to the beginning of each fiscal year. July 1, the
Rent Control Board shal l hold a publ ic hearing on a proposed
budget for the Rent Control Administration for said fiscal year,
and shall adopt a budget. Upon final adoption, the budget shall
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be in effect for the ensuing fiscal year.
Copies of the adopted
budget shall be fi led with the City Clerk, Controller and Manager.
Fro~ the effective date of the budget. the amount stated therein
as proposed expenditures sha11 be and become appropriated by the
Board to the Rent Control Administration for the respective objects
and purposes therein specified.
At any meeting after the adoption
of the budget. the Board may amend or supplement the budget by
the affirmative votes of at least three members.
SECTION 4609.
INTEGRITY AND AUTONOMY OF ELECTED BOARD
Nothing in this Chapter shall be construed as authority
to abridge the Independent power of the Rent Control Board to
determine its own personnel. financial. and budgetary policies.
Nor shall the Council unreasonably withhold funds or approvals
necessary to Insure that the pol icies and purposes of this
Chapter and the Rent Control Law are carried out fairly and effr-
ciently, and that the law be upheld and adequately enforced.
SECTION 4610.
INTERDEPARTMENTAL ASSISTANCE.
All City departments, boards. commiisions. officers and
employees shal I give fu1 I cooperation and assistance to the Rent
Control Board, including acceSS to relevant files and documents,
unless the Council finds that to do so involves an unreasonable
use of publ ic resourCes
SECTION 4611
BOARD LEGAL WORK.
legal Staff hired by the Rent Control Board shall
represent and adVIse the Rent Control Board and Its staff in any
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or all actIons and proceedings In which the Board or its staff,
in or by reason of their official capacity, are concerned or
are a party. including prosecution on behalf of the people of
criminal cases for violation of the Rent Control Law.
The Rent
Control Board Legal Staff shall render opinions to the Board
and approve documents as to form and legal ity as does the City
Attorney for any other City Board, Commission or department.
The City Attorney shall fully cooperate with the Rent Control
Board Legal Staff in these endeavors.
SECTION 4612. INSPECTORS. ISSUANCE OF CITATIONS.
Pub~ ic officers or employees of the City. appointed
and designated by the Board as having the power to inspect and
investigate for Violations of the Rent Control law shall have,
in furtherance thereof, the pOv-Jers and immunities from liability
conferred on pub~ IC employees under Section 836.5 of the
C a I i for n i aPe n ale 0 de; pro v ide d, h m'lle v e r, t hat the t e r m "a r res t"
shall mean the power to detain a suspected violator of the Rent
Control Law for a tIme sufficient to process a citation and
release pursuant to Section 853.5 and 853.6 of the Penal Code,
and shal I not be construed as authority to take any such suspected
violator into custody.
SECTION 4613.
SAVINGS CLAUSE.
If any part of thIs Chapter is declared to be invalid
by final judgment of a court of competent jurisdiction, the City
CounCIl shall, within a reasonable tiMe, take such action
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necessary to promote the purposes of this Chapter, and to
uphold its surviving terms.
Section 3.
If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to
be invalid or unconstitutional by a decisIon of any court of
competent jurisdiction, such decisions shal' not affect the
validity of the remaining portions of the ordinance.
The -
City Council hereby dec1ares that it would have passed this
ordinance and each and every section, subsection, sentence,
clause or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordInance would be
subsequently declared inval id or unconstitutional.
The Mayor shall sign and the City Clerk shall attest
to the passage of this OrdInance.
The City Clerk shall cause
the sa~e to be publ ished once in the official newspaper WIthin
fifteen (15) days after its adoption.
ThiS Ordinance shal I become
effective im~ediately upon adoption, pursuant to Section 619 (C)
of the City Charter of the City of Santa MonIca.
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ADOPTED AND APPROVED THIS
14th
DAY
OF
Aprll.
. 1980.
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~' MAYORt/^ '
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HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NO. 1153, WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CJTY COUNCIL ON THE
25th DAY OF
~far<;h
. 1980, THAT
THE SA1D ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE C t TY COUNC I L ON THE 14th DAY OF April
BY THE FOLLOWrNG COUNCIL VOTE
, 1980
AYES:
COUNCILMEMBERS:
Yannatta Goldway, Jennings,
Rhoden,Bambrick
NOES-
COUNCILMEMBERS:
Reed, Scott, van den Steenhoven
ABSENT.
COUNCILMEMBERS.
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ATTEST:
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'ZITY CLERK
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