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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,
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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
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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.
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(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.
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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:
~~~~- .
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Robert M. Myers
City Attorney
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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