O1837
-
e
CA:f:\atty\muni\laws\mhs\tempa2
city council Meeting 1-23-96
Santa Monica, California
ORDINANCE NUMBER 1837 (CCS)
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING MUNICIPAL CODE
SECTION 4.36.120 REGARDING
TEMPORARY RELOCATION PAYMENTS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 4.36.120 of the Santa Monica Municipal Code
is amended to read as follows:
4.36.120 Inapplicability of Chapter to certain evictions.
(a) Notwithstanding section 4.36.110, the requirements set
forth in this Chapter shall not apply to any tenant whose tenancy
is terminated pursuant to a lawful notice to terminate tenancy
pursuant to section 1806 (h) of the City Charter served on or
before June 10, 1986.
(b) section 4.36.100 shall not be applicable if the
displacement and relocation of the tenant is the result of a fire
not caused by the landlord, earthquake or other natural disaster.
(c) Except as provided in Section 4.36.030(b}, the
requirements set forth in this Chapter shall not apply to any
tenant whose tenancy is terminated or caused to be terminated on
1
e
e
the ground that the landlord seeks to withdraw all rental housing
units from the rental market as provided in Government Code section
7060 et seg., unless the tenant qualifies as a lower income
household pursuant to Health and Safety Code Section 50079.5.
(d) Section 4.36.100 shall not be applicable if the
displacement and relocation of the tenant is necessary to comply
with the repair and retrofitting requirements of Municipal Code
section 8.04.040.050. However, in the event of such displacement,
a landlord shall be responsible to pay the displaced tenant the
difference between reasonable rent actually paid for comparable
temporary accommodations, and the rent which would have been
payable to the landlord had the displacement not occurred, for any
period of displacement which exceeds the following limits:
1) For buildings less than five stories in height, 180
days, or if asbestos removal is required, 270 days.
2) For buildings five stories or more in height, 270
days, or if asbestos removal is required, 360 days.
The Building Official and Director of Planning and Community
Development may jointly authorize a longer time periOd to complete
repair and retrofitting if, prior to displacement, they find that
due to circumstances unique to the building, the repair and
retrofitting will take longer than the preceding time limits.
Additionally, after tenant displacement, the Building Official and
Director of Planning and Community Development may jointly grant a
reasonable extension of the time limit if they find that the
landlord is proceeding diligently and expeditiously with repair and
2
e
e
retrofitting, and that the inability to complete the project within
the established time limit is due to the occurrence of events that
were reasonably unforeseeable by and beyond the control of the
landlord; provided, however, that the landlord's inability to
finance such repair and retrofitting shall not be grounds for such
an extension.
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 effect
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 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 4. The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
3
e
e
cause this ordinance, or a summary thereof to be published once in
the official newspaper within 15 days after its adoption. This
Ordinance shall be effective 30 days from its adoption.
APPROVED AS TO FORM:
J11:t~~~
city Attorney
4
e
e
I!J ~-~
Mayor
State of Caltforma )
County of Los Angeles) ss
City of Santa MOllica )
I, Mana M Stewart, CIty Clerk of the City of Santa Momca, do hereby cerufy that the foregomg
Ordmance No 1837 (CCS) had Its first readmg on January 90 1996 and had Its second readmg
on January 23, 1996 and was passed by the followmg vote
Ayes
CounCIl members
Abdo, Ebner, Genser, Greenberg, O'Connor, Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
Holbrook
ATTEST
'-
~ ~ -~~~~~
City Clerk \
PROOF OF PUBLICATION
(2015.5 c.e. P.) e
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
reslden1 of the County aforesaid; I am over
the age of eighteen years, and not a party to
or Interested In the above.entltled matter I
am the principal clerk of the printer of the
................I.......................~.....I.....
THE OUTLOOK
..1.......~..9........1.........1...1...............
a newspaper of general circulation. printed
and published .Q~.I.ItX. t;?\9.t:.J?X .f?J.lff}?~X.
In the City of . M>>:f h.1\J$}NI(;^......... ...
County of Los Angeles. and whIch
newspaper has been adludged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California, under the date of)~~'..~~ 19 .~~..
Case Number ..~H.n~.....i thatthenotice.
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:
JAN 30
....a.......................a.......................
all in the year 19..~~.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct .
Dated at... ~-!\~T.~. ~'.9.t!.If~.......... ~ ~.. ...
Ca~ni" thi....3~....~; o!..JM... 19 ~.Q..
..~lu4~... t:j~.........
Signa re Q
The Oudooli
1920 Colorado Ave
Santa MonIca, California 90404
(3 "10) 829-6811
P....I.... LOS IL........A..........
~ ANGEL!S ,~
This space is for the County Clerk's Filing Stamp
~
e
Proof of Publication of
~........a... .....1..........1...........................
.............a................a...........................
EO 1-l.27
City of Santa MomC4
OrdlllanceNUII1bet 1837 (ces)
(CIty Counctl SenCII)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING NUNlClPAL eODB
SECllON 436 120 REGAltDD'lG TEMPORARY
RELOCATION PAYMENTS
The followmg IS a summllIY of Ordmanell Number 1837 (eCS) prepared by the Oftke of -,
the~A~ ;
Ordmanu Number 1837 (CeS) (the'1lOrdlpnee") amends Mwuc:tpal Code Seeuon~
4 36 120 reprduis Iemporary relOWIOD paymen. The ~ provulel1hat l,1aati..
obhgattoo 10 pay reloca1ton betu:fi1l dQ.s JlOt IJIply wIHn a 1elWIt u dtapJaced and reJoc.ted 10
dIIIt the IIIIKI10rd I;aII wmply WJth IIIe repatr and retIOfit1Ut8 nlI{UJI'EI- ofMualapal Code
Soctwn 8 l)4 040 050 However, Jfthe duplaeanmt .:ceedI a apeeified ttmal*JOd; fM- --t'-
lIm.d1ord nnut pay 10 the chaplaeed teIlaIIt die ddferenee between rctI80IIIble tcmt actually paid by
the tenant for comparable temporary aeoolll.llllllbDoDJ dunng the plt'IOO of daplaeanlll1t aDd the :
rent w1ucb would han beclII payable to the landlord had the dupiacement not occurred The
dllplacemeot penodB speelfi.ed 111 the Oftlln~nr..e are 81 fol1owa (1) for butlclutg I.t:aa than fwe
stones 111 heJsht,. 180 days, or If I8bCll1os mnoval UI reqwred, 270 days, and (2) for butldlllJ1l
fIVe StonCII or more 111 hetght, 270 days, or If ubeItoI1'1IIDOval IS reqlJlflld, 360 days
The Ordtnance SIlthoruea the Bw1cIioa 0ffieJII1III4 DIreCtOr of plllnnln!! and Commumty
Development to Jomtly l:XteDd the JlIltUId oftun.e III winch to complete the reqwred replll1I and ,1
reuof\tt.ing. lhcn:by lllttClIIdma the penod of time before the ~ymClllt reqwrernans tiesQlbed t
above go Into eft'oct. These circumstanc:elm: (1) poOr to teIIaIIt dllplllCOlDlltit theBuil.dms
0ffictal1l1d DirecIor dete:nmne that r.plir md JellOfi-. WID 1IbJonsa' 1lw1 the t!uu:jlCI'JDda
allowed due to ClfCUlQflaIIee8 l:IIlIl[Ull 10 t putteulu !>1It1.,.'!'.g; and (2) If\:er displa.cement they
detenrune that'tho IantiIordlS dIlIgently proceedulJ WIth raqwred lIIplIID and IS unable to
complete them WItInn lbe designated tune penod due to the 0<:CUITeIIU of _11 wlucli m:
unforeseeable by and out of the control-oflhe landlord
Fmally, lite Ordutanc;e provIdes !bat the 1mdlord'. 1IIIb1hty In finance fhtl fflqUIl'ed repain '.
and retrofittll1g to hII or her bwldmg UI JIOI: gm>.Qlds for .. exteDI10Jl . ,
Ordllllllee Number 1837 (CCS) WII adopted on January 23, 1996,1Ild Iball become j ,
eft'cctlve 30 days from II! ldopUon
t, Man. M Stewu1, City Clerk. do hereby cerufy tIlat 0rdmuIce Number 1837 (Ci:~ J
hIld rta ftntreadmgQn January 9, 1996,1IId bad ItlI IIll\XIIId readmgonJanUll'y 23, 1996, ..'WIt~
passed by the fol1owmg vote <
liya , eOUIlcll members Abdo, Eblllll", Genaer, Greenberg. O'Connor,
~
Noes CowtctlllllllllberJ
AhslaUl CounclI members'
"'
AbaeIlt CoullciJ members Holbrook
/Sf MAllIA M STEWART
City Clerk
"~
r-ftlj
The run tm of the above 0Idmmee it avaIbble IipOI1 flllII*t ftom the otJK:. of the CIty
Clerk, tOCllted It t685 Mam Street, Room 102, s.ntaMomca. Phone (310)4S8-8211
Po,h- .f"nn..... M llH1R