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O1725 F:\Atty\MUNI\MEMOS\BAR\EVICT.ORD City council Meeting 1-25-94 Santa Monica, California ORDINANCE NUMBER 1 7 2 5 (CCS) (City Council Series) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A MORATORIUM ON TENANT EVICTION FROM RESIDENTIAL AND COMMERCIAL PROPERTIES POSTED WITH A NO ENTRY NOTICE OR LIMITED ENTRY NOTICE RESULTING FROM A LOCAL EMERGENCY, LIMITING ABANDONMENT OF TENANCIES, AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findinqs and Purpose. The City Council finds and declares: (a) The City of Santa Monica has been severely impacted by the January 17, ,1994 Northridge earthquake and its aftershocks with numerous commercial and residential buildings suffering substantial damage. The City Council, together with the state and federal governments, has already declared an emergency as a result of this disaster. (b) Numerous commercial and residential structures have been posted by City building inspectors with a no entry notice ("Red-Tagged") or limited entry notice ("Yellow-Tagged") as being unsafe for entry or only safe for limited entry. These notices have resulted in the displacement of tenants from hundreds of rental units while additional assessments of the structures' condition are undertaken. (c) The substantial hardship of displacement resulting from the Northridge earthquake will only be exacerbated if eviction proceedings are undertaken against displaced tenants of these properties during this crisis or if these tenants are considered to have abandoned their tenancies. (d) For the reasons set forth above, protection of the public health, safety, and welfare requires that a moratorium on tenant eviction from properties that have been red-tagged and yellow tagged be imposed and that tenants not be considered to have abandoned their premises unless the tenants expressly inform their landlord in writing of this intent. SECTION 2. Moratorium. (a) Notwithstanding any other provision of the Santa Monica City Charter and the Santa Monica Municipal Code to the contrary, whenever the City council has declared a local state of emergency, no landlord shall take action to terminate the tenancy of any tenant who has been displaced from commercial or residential property due to the posting of the property by City building inspectors with a no entry or limited entry notice as being unsafe for entry or safe for limited entry until the tenant has been restored to actual physical possession of his/her/its premises for a period of thirty (30) days. (b) Actions to terminate a tenancy include, but are not limited to, service of any notice to quit or other eviction notice or bringing any action to recover possession or being granted recovery of possession. (c) This ordinance is not intended to preclude a landlord from proceeding to terminate any tenancy when the landlord had already formally initiated actions to terminate the tenancy prior to the declaration of a state of emergency by the City Council. SECTION 3. Abandonment. During any state of local emergency, no tenant shall be considered to have abandoned possession of his, her, or its tenancy if the tenant has vacated the tenant's premises because the premises has been posted with a no entry or limited entry notice, unless the tenant has notified the landlord in writing of the tenant's intention to surrender possession of the premises to the landlord. SECTION 4. This ordinance is declared to be an urgency measure adopted pursuant to the provisions of Section 615 of the Santa Monica city Charter. The city Council finds pursuant to City Charter section 615 that a state of local emergency exists with the City of Santa Monica as a result of the earthquake which occurred on January 17, 1994. This Ordinance is necessary for preserving the public peace, health, and safety, and the urgency for its adoption is set forth in the findings above. SECTION 5. 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 effect the provisions of this Ordinance. SECTION 6. 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 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 7. 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 published once in the official newspaper within 15 days after its adoption. This ordinance shall be effective upon its adoption. APPROVED AS TO FORM: Adopted and approved this 25th day of January, 1994. ~E# Mayor I hereby certify that the foregoing Ordinance No. 1725 (CCS) was duly and regularly introduced at a meeting of the City Council on the 25th day of January, 1994; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 25th day of January, 1994 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: ~~~;;r:4J0-.- City Clerk