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O1518 - . CA:RMM:lld596/hpc city council Meeting 3-27-90 Santa Monica, California ORDINANCE NUMBER 1518 (CCS) (city council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4853 AND 4856 RELATING TO TENANT RELOCATION ASSISTANCE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION L Santa Monica Municipal Code Section 4853 is amended to read as follows: SECTION 4853. Amount of Relocation Fee. The amount of relocation fee payable pursuant to the provisions of this Chapter shall be determined as follows: (a) The relocation fee shall be determined according to the size of the rental housing unit as follows: Housinq unit Size Bachelor or Single Relocation Fee One Bedroom $3,000.00 $3,750.00 $4,250.00 Two Bedroom Three Bedroom Four or More Bedrooms $5,250.00 $5,500.00 - 1 - e - (b) If a tenant is evicted from more than one rental housing unit on a property, the tenant shall not be entitled to receive separate relocation fees for each rental housing unit. The tenant shall receive a single relocation fee based on the combined total number of bedrooms in the rental housing units from which the tenant is being evicted. If one of the rental housing units is a bachelor or single unit, it shall be counted as a one bedroom unit for purposes of determining the amount of the relocation fee (e.g., a tenant who is evicted from a bachelor rental housing unit and a one bedroom rental housing unit would receive relocation benefits for a two bedroom unit). (c) If the rental housing unit from which the tenant is being evicted is furnished, Two Hundred Fifty Dollars ($250.00) shall be deducted from the amount set forth in subsection (a) of this section. For purposes of this subsection, a rental housing unit shall be considered to be furnished if the landlord has provided substantial furnishings in each occupied room of the rental housing unit. - 2 - . . (d) If one or more of the displaced tenants is a senior citizen or disabled person, or is a tenant with whom a minor child resides, and the displaced tenant(s) occupied the rental housing unit on or before the effective date of this Chapter, an additional One Thousand Dollars ($1,000.00) shall be added to the amount set forth in subsection (a) of this section. SECTION 2. Santa Monica Municipal Code Section 4856 is amended to read as follows: SECTION 4856. Tenan~s. (a) Within two (2) working days of the written request by the tenant, the landlord shall deliver written instructions to the escrow holder to distribute all or a portion of the relocation fee to a third party providing moving or replacement housing to the tenant. The instructions shall direct the escrow holder to make the distribution within three (3) working days of delivery of the instructions. (b) Within two (2) working days of the vacation of the rental housing unit, PaYDlen~ to Displaced - 3 - e . the landlord shall deliver written instruction to the escrow holder to distribute the amount of the remaining relocation fee to the displaced tenant or displaced tenants of such rental housing unit. The instructions shall direct the escrow holder to make the distribution within three (3) working days of delivery of the instructions. (c) The entire fee shall be paid to a tenant who is the only displaced tenant in a rental housing unit. If a rental housing unit is occupied by two (2) or more displaced tenants, the relocation fee shall be paid to all displaced tenants jointly. In no event shall a landlord be liable to pay a total amount more than the fee required by Section 4853 of this Chapter for one rental housing unit, and the landlord shall have no responsibility or liability for disputes between displaced tenants over allocation of the relocation fee between such displaced tenants. (d) In the event the landlord has been required to commence a legal action to recover possession of the rental housing unit and a decision is rendered or - 4 - e . a judgment has been entered in favor of the landlord prior to the tenant's vacation of the unit, the landlord may instruct the escrow holder to withhold from distribution to the displaced tenant or displaced tenants of such rental housing units any unsatisfied monetary award provided in such decision or judgment in favor of the landlord. Upon the judgment becoming final, the city shall authorize the escrow holder to return to the landlord the amount withheld. If no decision has been rendered or no judgment has been entered for a monetary award in favor of the landlord prior to the tenant's vacation of the unit, the landlord must authorize the distribution of the entire relocation fee in accordance with Section 4856. SECTION 3. 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 4. 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 - 5 - e . jurisdiction, such decision shall not affect the validity of the remaining portions of this 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 5. The Mayor shall sign and the city Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be publ ished once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: {1-rt91-" * J/n.. ~' ROBERT ~ftt.MYERS U city Attorney - 6 - . . Adopted and approved this 27th day of March, 1990. ~-'l~~R yor I hereby certify that the foregoing Ordinance No. 1518 (CCS) was duly and regularly introduced at a meeting of the ci ty Council on the 13th day of March 1990; that the said ordinance was thereafter duly adopted at a meeting of the city Council on the 27th day of March 1990 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Mayor Zane Noes: Councilmembers: Katz Abstain: Councilmembers: None Absent: Councilmembers: Reed ATTEST: - ~ - /11 ' ~"';-d /t:~-- ~ City Clj'Ck '::;~::......... -i-JI lIII'Ullf!W\.. - =t~'~~-==~~-~~ - ~.. .-, - --- ~ -~.,~. - ~ :: . .. . , c.o:-euOF~ aTY a e ::r: ':. . -"~= :~.~-~-~ =lD~.~= . -=-,..~Ji€ODlB.!!!;i 'tWo ~,.- -''IO~ . .,'-- tbe tiaf' W9 - .' ~~ all ::=- :.,,......."..F.-_:.-. /'._'1'IIE ~lw.;' ~__ .- '. - "'.. b:v _.... -. --~- - ' ,AI. ~,--' . a'---- r~:: . ~. 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JaoIDntot fa _~~-.- April 6 ~--i~ =~i'i ==~a:r~~~: .. ............ .......... ........... .... ............. ~<~ ~..~. == :-::-~~-:~- '!:.~c..~~~1if! ~lIIeIIt .....~...~~<-~~~.~ ~ .,..==..... . .=!''::~-. ',~-- tie teuiIt... ~. -' '. - . - ~ , the-rental ~_. a ::1t~ 1ioD -of - ,lIDIt. tile ~"?-~-:~ o SANTA ~10NICA .:> r:r~u.,~' '. <'.~ .~.,.-" . . ated at.....................:................... :( of '_ -.:...' .. A~~, " .>-~. .. _ ~1\i.t.u - 5';~). =~~,~ ; (e) If t.Iae' . "'. . Frll co"'u of tills bl.nk form m.v III 'Icured fram 1fIIldl tile IaeaIit 11 ... ,........, ~ CALIFORNIA NEWSPAPER SERVICE . <C--- u Legal Ad~~r~I~I~~c~:a~.lng House :: . &,.~ Par . tou., Ol~.:!-~~ PO 801(31 <" . . .. u . al-bya~Courfif~=- Lo. Angel.. CA 90053 T.leohone 625.25"> .. ....... _ _' .... ~~c Ple~'ereQuntGeNeRAI.ProoloIPull..c~tion ~ ~ - . -"'m*-. ot-;~~. whenorder,ngth"lorm __ ~ . '<<, r-,"~-~ ,........". - -. - ,- ~';' ~. -"::tt WOIIId. ' .':::1&' .-. PROOF OF PUBLtATION (7015.5 C.C.P.l STATE OF CALIFORNIA, County of Los Angeles, I am a citizen of the United States and a resident of the County aforesaid, r am over the age of eighteen years, and not a party to or Interested in the above-entitled maHer. I am the principal clerk of the printer of the .................................................... THE OUTLOOK ................. ...... ...... .110......,. 'oil ...... II ..... I..... ... I.. a newspaper of general circulation, printed and published .J)."'.I.ItXJH\~f:.IT .~~NJ?~X. In the City of .~~:fA.HQHJQ^............ County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of CalifornIa, underthedateof.!~N...~~ 19 .~~., Case Number.. ;J.H.U~.....i thatthe notice, of which the annexed IS a printed copy (set In type not smaller than nonpareil), has been published in each regular and entire Issue of saId newspaper and not in any supplement thereof on the following dates, to-Wit. I 90 a I In the year 19...... I certify (or declare) under penalty of perlury that the foregoing is true and correct . ,.. th 6 d f April 19 90 I,.,ahfornla, IS.......... ayo ........, ..... ......~.s~............. This space is for th.unty Clerk's Filing Stamp Proof of Publ ication of e . '--..-. -"'i- ~ "'-, F-,<",;-~_~~~ .... ....~...:i > ~ ...~