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O1262 e e CA:RMM:r City Council Meeting 11-9-82 Santa Monica, California ORDINANCE NUt'1BER 1262(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4810 TO THE SANTA MONICA MUNICIPAL CODE PROHIBITING DISRUPTION OF VARIOUS HOUSING SERVICES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4810 is added to the Santa Monica Municipal Code to read as follows: Section 4810. Disruption of Housin~ Services. (a) No landlord shall, with respect to property used as a residential rental unit under any rental housing agreement or other tenancy or estate at will, however created, do any of the following: (1) Interrupt or terminate any utility service furnished to the rental unit by any means whatsoever ~ncluding, but not limited to, the cutting of wires, the removal of fuses, 1 e e the switching of breakers, and the non-payment of utility bills. (2) Prevent the tenant from gain~ng reasonable access to the rental unit by changing the locks or using a boot lock or by any other similar method or device. (3) Removal, without replacement within a reasonable time period, doors or windows of the rental unit. (4) Remove from the rental unit personal propertYI the furnishings, or any other items without the prior written consent of the tenant, except when done purs uant to the procedure se t forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code. (b) No landlord shall, with action to controlled respect to property used as a controlled rental unit under any rental housing agreement do any of the following: (1) Bring any judicial recover possession of a rental unit or recover posses sion of a controlled ren ta 1 unit 2 e e unless authorized by and in accordance with City Charter Section 1806 and the regulations promulgated thereunder. (2) Take any other action to recover possession of a controlled rental unit unless authorized by and in accordance with City Charter Section 1806 and the regulations promulgated thereunder. For purposes of this sUbdivision, other action includes, but is not limited to, the service or delivery of written notices or demands and the communication of oral notices or demands. (c) Nothing in this section shall be construed as to prevent the lawful eviction of a tenant by appropriate legal means, nor shall anything in this subdivision apply to occupancies defined by subdivision (b) of Civil Code Section 1940. (d) For purposes of this section, the terms landlord, tenant, rent, rental housing agreement, rental unit, and controlled rental unit shall be defined as set forth in Article XVIII of the City Charter. 3 - . (e) For purposes of this section, utility service includes, but is not limited to, water, heat, light, electricity, gas, telephone, garbage collection, sewage, elevator, or refrigeration. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. 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 any competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Counc i 1 he reby declares 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 invalid or unconstitutional. 4 e e SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. This City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. The ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~~~~- . - - Robert M. Myers City Attorney 5 e e ADOPTED AND APPROVED THIS 9th DAY , 1982. OF ~ovember :k.~ .~ MAYOi c:/ I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE, NO. 1262 (CCS), WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 12th DAY OF October 1982; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 9th DAY OF Xovember 1982 BY THE FOLLOWING COUNCIL VOTE: , AYES: COUNCILMEMBERS: Conn, Edwards, Press, Reed, Zane and }layor Yannatta Go1dKay NOES: COUNCILMEMBERS: t':;one ABSENT: COUNCILMEMBERS: Jennings ABSTAIN: COUNCILMEMBERS: :lone ATTEST: ~\ * r CITY CLERK