O1874
CA:f:\atty\muni\laws\barry\temp.rel
City Council Meeting 2-25-97
Santa Monica, California
ORDINANCE NUMBER 1874 (CCS)
(Clty Councll Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING MUNICIPAL CODE
SECTION 4.36.120 TO REITERATE TENANCY RIGHTS
OF TENANTS DISPLACED AND RELOCATED FOR
SEISMIC SAFETY RETROFITTING
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 thlS 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 Clty Charter served on or
before June 10, 1986.
(b) Section 4.36.100 shall not be appllcable lf 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
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the ground that the landlord seeks to withdraw all rental housing
units from the rental market as provided in Government Code Section
7060 et seq., unless the tenant qualifies as a lower income
household pursuant to Health and Safety Code Sectlon 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 flve 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
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retrofitting, and that the inability to complete the project wlthin
the established t1me 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 I s inability to
finance such repair and retrofitting shall not be grounds for such
an extension.
The displacement and relocation of a tenant for repair and
retrofitting pursuant to Municipal Code Section 8.04.040.050 shall
not terminate the tenancy of the displaced tenant. The displaced
tenant shall have the right to reoccupy the unit upon the
completlon of the repairs and retrofitting and shall reta1n all
rights of tenancy that eXJ.sted before the dlsplacement. This
amendment to SubsectJ.on (d) of thlS Sectlon is declaratory of
existing law.
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 1S for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdlction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City council hereby
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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 1nvalid or
unconstitut1onal.
SECTION 4.
The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
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;
MARSHA JO~S MOUTRIE
City Attorney
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State of CahfornIa )
County of Los Angeles) 5S
CIty of Santa MOnIca )
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"'lyor .
I
i'J O~_,
L Mana M Stewart, CIty Clerk of the CIty of Santa MOllica, do hereby certIfy that the foregomg
OrdInance No 1874 (CCS) had Its first readIng on February 11, 1997. and had Its second readIng
on February 25. 1997 and was passed by the follov\'lng vote
Ayes
CouncIl members
Ebner, Femstem, Genser, Greenberg. Holbrook, O'Connor,
RosensteIn
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
None
ATTEST
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CItv Clerk
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