O1276
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CA:RMM:rm10209
City Counc11 Meet1ng 3-22-83
Santa Monica, California
ORDINANCE NUMBER 1276(CCS)
(City Councll Ser1es)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
MUNICIPAL CODE SECTIONS 10209B, 10209C,
AND 10209D RELATING TO MOORING LIENS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Section 10290B of the Santa Monlca Mun1clpa1
Code 1S amended to read as follows:
Sect10n 10209B.
Llen for Unpald
Moor1ng Fees. No moor1.ng on which any
mooring fees are due and unpaid may be
removed without the prior wrltten consent
of the Harbor Master. In add1tion to all
other remedies prov1ded by law for the
collect1on and enforcement of charges or
fees due for the renting of moorlng space
or the priv1lege of malntaln1ng a moorlng
1n the harbor or 1.n the protected area
ad]Oln1ng the breakwater, the C1ty shall
have a lien upon the moorlng as provided
for
1.n
Harbors and Navigat10n Code
Sectlon 500 et seq.
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SECTION 2.
Section 10209C of the Santa Monica Municipal
Code is amended to read as follows:
Section 10209C. Lien for Unpald
Fees For Use of Clty Moorings. No vessel
on which any mooring fees are due and
unpald for the prlvl1ege of mooring,
tYlng, or securlng to a City owned
moorlng In the harbor or in the protected
area adjoining the breakwater are due and
unpaid may be removed wlthout the prior
written consent of the Harbor Master. In
additlon to all other remedies provided
by law for the collectlon and enforcement
of charges or fees due for the moorlng,
tying, or securing to any such City owned
moorlng, the Clty shall have a llen upon
the vessel for the moorlng, tying, or
securlng the vessel to the moorlng as
provided for ln Harbors and Navlgation
Code Section 500 et seq.
SECTION 3. Section 10209D of the Santa Monica Municipal
Code is amended to read as follows:
Section
10209D.
Enforcement of
Llens. Any llen provlded for by Sections
10209B and Sections l0209C or by Harbors
and Navlgatlon Code Section 501, shall be
enforced in the manner provlded for ln
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Harbor and Navigations Code Sect~on 500
et seq;.
SECTION 4.
Any provision of the Santa Monica Municipal
Code or appendices thereto ~ncons~stent with the provisions of
thlS ord~nance, to the extent of such inconslstenc~es and no
further, are hereby repealed or modlfied to that extent necessary
to affect the provls~ons of this ordinance.
SECTION 5. If any sect~on, subsection, sentence, clause,
or phrase of th~s ord~nance lS for any reason held to be invalid
or unconstitutional by a deCIs~on of any court of any competent
]urIsdlctlon, such decisIon shall not affect the valid~ty of the
remaining portions of the ordInance. The City CounCIl hereby
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.
SECTION 6. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordlnance. This City Clerk shall
cause the same to be published once In the offlclal newspaper
wlthln 15 days after Its adoptlon.
The ordlnance shall become
effectIve after 30 days from lts adopt~on.
APPROVED AS TO FORM:
'/C2__ .. t_ X
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Robert M. Myers'
City Attorney
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ADOPTED AND APPROVED THIS
22nd
DAY
~ 1983.
OF }iarch
~J
(// / / c // / (/~ _
l L l I {, Lci.~;_A~ Iff C,///{ ti(t .:;
j MAYOR / ,J
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~
(CCS)~ WAS DULY AND REGULARLY INTRODUCED AT A
NO. 1276
MEETING OF THE CITY COUNCIL ON THE
3rd DAY OF March
~
1983; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE 22nd DAY OF March
1983 BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Conn, Edwards, Jennings, Press,
Reed, Zane and r.1ayor Yannatta Gold,,,av
NOES:
COUNCILMEMBERS: ~one
ABSENT:
COUNCILMEMBERS: ~one
ABSTAIN:
COUNCILMEMBERS: None
ATTEST:
r~ClERK