O1880
f \atty\mum\laws\barry\abate97 2d
City Council Meeting 6-24-97
Santa MOnica, CalIfornia
ORDINANCE NUMBER 1880
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING CHAPTER 8 12 OF THE SANTA MONICA MUNICIPAL
CODE, GOVERNING NUISANCE ABATEMENT, BY ADDING AND
CLARIFYING REMEDIES, STREAMLINING PROCEDURES, AND
MODIFYING NOTICE REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS
SECTION 1 Santa MonIca MUnicipal Code Section 8 12 080 IS hereby amended
to read as follows
8.12.080. Abatement.
A public nUisance as defined In Section 8 12 050 may be abated by
the City In accordance with the prOVIsions set forth In this Chapter
SECTION 2 Santa Monica Municipal Code Section 8 12 090 IS hereby amended
to read as follows
1
Section 8.12.090. Order to Abate Public Nuisance.
After Inspecting or causing to be Inspected any premises and upon
determining the eXistence of a publIc nUIsance, the Chief of the Fire
Department, the BUilding Officer or a person designated by the NUisance
Abatement Board may Issue an order to abate a public nUisance for the
premises upon which the nUisance IS discovered The notice shall contain
(a) The street address, or the approximate street address If no street
address has been assigned, of the property upon whIch the nUisance eXIsts
(b) A description of the public nUisance which eXists on the
premises and a statement that the condItIon on the premises constitutes a
public nUIsance
(c) A statement describing the actlon(s) necessary to abate the
public nUisance
(d) A statement that the owner or owne(s agenUdeslgnee IS
reqUired to obtaIn all permits necessary to abate the public nUisance and to
take all actIons and/or commence and complete all necessary work by a date
specified In the Order ThiS date shall be at least 5 days but no more than
30 days from the date of the Order
(e) A statement that the owner, or owner's agenUdeslgnee, must
appear at a hearing conducted by the NUisance Abatement Board, or a
Hearing Examiner, at a time, date, and location specified In the Order, which
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shall be at least 5 days but not more than 30 days from the date by which the
nUIsance abatement IS required to be completed
(f) A statement that the owner or owner's agenUdeslgnee, upon
appeanng at the heanng, will be given the opportunity to present testimony
and other eVidence to show cause why the alleged nUisance should not be
abated by the owner or by the City
(g) A statement that any Interested member of the public WIll be
given the opportunity to present testimony or other eVidence regardIng the
alleged public nUisance at the heanng conducted by the NUisance
Abatement Board or Heanng Examiner
(h) A statement that If the owner voluntanly abates the nUisance
In accordance With the Order, the owner shall submit wntten proof of
abatement to the Building and Safety DIvISion pnor to the heanng The City
Will Inspect the premises, and If the nUisance has been abated, the
abatement proceeding Will be discontinued
(I) A statement that If a publiC nUisance IS found by the NUisance
Abatement Board to eXIst on the property and the owner falls to abate that
nUisance, the City has the authonty to undertake repaIrs, demolition, or any
other action reqUired to abate the public nUisance as determined by the
NUisance Abatement Board
(J) A statement that any abatement order of the NUisance
Abatement Board may Impose conditions governing the future maintenance
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or operation of the premises so as to prevent the recurrence of the nUisance
conditions Violation of the conditions may Itself constitute a public nUisance
and shall establIsh a baSIS for the suspension or revocatIon of any bUSiness
license Issued for the premises pursuant to Santa Monica MUniCipal Code
Section 6 04 260
(k) A statement that the cost of abatement of the nUIsance by the
City may become a hen or special assessment against the premises and a
personal liability of the owner of the premises andlor the person responsible
for creating, causIng, commlttrng or malntalmng the public nUisance
SECTION 3 Santa MOnica MunIcIpal Code Section 8 12 100 IS hereby amended
to read as follows
Section 8.12.100. Service of Order to Abate Public Nuisance.
The Order, and any amended or supplemental Order or notice, shall
be served either by personal delivery or by certified mall, postage prepaid,
return receipt requested and by regular mall to the person lIsted as the
owner of the premises, based on the last equalized assessment roll or
supplemental roll, or as otherwise known to the Chief of the Fire Department,
the BUilding Officer, or the NUisance Abatement Board A copy of the Order
shall also be mailed to any person who has made a complaint about the
nUisance and has requested that he or she be notified of any heanng
conducted relating to the nUisance A copy of the Order shall be posted In
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a conspICUOUS place on the parcel or premises A copy of the Order may
also be mailed to any mortgagees or beneflClanes under any deed of trust
of record, If appropnate, and to any other persons whom the City determines
to be responsIble for the public nUisance After completion of service, a
Declaration of Service certIfYing the time and manner of servIce and any
receIpt card or acknowledgment of the receipt of such notIce by registered
mall shall be filed with the NUisance Abatement Board Except as otherwise
provided by law, neltber the failure by the City to comply with any notIce
provIsion nor the failure of any owner or other person to receive such notice
shall affect In any manner the validity of any of the proceedings taken
hereunder
SECTION 4 Santa MOnica Municipal Code Section 8 12 110 IS hereby amended
to read as follows
8.12.110 Inspection.
At the end of the time penod granted for the abatement of a public
nUisance as set forth In the Order, an Inspector from the City shall Inspect
the premises and make a determinatIon as to whether the public nUisance
has been abated as required by the Order If the nUisance has been abated,
notIce shall be sent In the manner set forth In Section 8 12 100 to those
persons who had previously receIved the order stating that the heanng has
been canceled If the nUisance has not been satlsfactonly abated, a notice
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will be sent In the manner set forth In Section 8 12 100 to those persons who
had prevIously receIved the order stating that the nUisance continues to eXist
and that the heanng will be held as scheduled The InspectIon report, If any,
will become part of the record for the heanng This notice shall be
substantially In the following form
NOTICE TO ABATE
PUBLIC NUISANCE
The owner of the property located at , Santa Monica,
California, is hereby notIfied to appear before the NUisance Abatement
Board or a Hearing Examiner at (date), (time), (location), or as soon
thereafter as may be heard, and show cause, If any, why said (descnbe
nUIsance) should not be declared a nUisance and abated In the manner
prOVIded by law If abatement IS undertaken by the City of Santa MOnica,
the costs of abatement shall constitute a hen on the property, may be
collected by speCial assessment, or may become the personal liabilIty of the
owner and/or person responsible for the public nUisance
SECTION 5 Santa MOnica Municipal Code Section 8 12 120 IS hereby amended
to read as follows
8.12.120 Conduct of hearing.
(a) At the tIme set for hearing In the order to abate public nUisance,
the NUisance Abatement Board, or deSignated Hearing Examiner, shall
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proceed to hear sworn testimony and receive eVidence regarding the
eXistence of a nuisance The person or persons notified to appear at the
heanng, or his or her or their agent(s) or representatlve(s), shall be given an
opportunity to present testimony and any other eVIdence about whether a
publIc nUisance eXists, and to show cause why the alleged nUisance
conditIons should not be abated by the owner or by the City The Board or
Heanng Examiner shall proceed with the heanng whether or not such
person(s) Is(are) In attendance
(b) The person or persons notified to appear at the heanng may also
submit wntten eVidence This eVidence shall be considered by the NUisance
Abatement Board, or Heanng Examiner, If It IS received one day pnor to the
scheduled heanng The NUisance Abatement Board, or Hearing Examiner,
shall have the discretion to consider written eVidence submitted on the day
of or dunng the course of the hearing
(c) DecIsions of a Heanng Examiner shall be referred to the NUisance
Abatement Board for adoptIon, modifIcatIon or rejectIon based solely upon
the record presented to the Heanng Examiner
(d) The NUisance Abatement Board or Hearing Examiner shall be
empowered to compel the attendance of owners or responsible parties or
witnesses at the hearing, to examine them under oath, and to compel them
to produce all eVidence before It as proVided In Section 2 32 060 of thiS
Code
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(e) The heanng proceedings shall be recorded AddItionally, any
party may provIde a certifIed shorthand reporter to maintain a record of the
proceedings at the party's own expense
(f) Preparation of a record of the proceedings shall be governed by
California Code of CIVil Procedure SectIon 1094 6
(g) The secretary of the NUisance Abatement Board or the Heanng
Examiner shall administer the oath or affirmation to all Individuals prOViding
testimony
(h) The NUisance Abatement Board or Heanng Examiner may grant
continuances from time to time for good cause shown The NUisance
Abatement Board may also continue the heanng on Its own motion
(I) The heanng need not be conducted according to technical rules
relating to eVidence and witnesses except as prOVided In this Section Any
relevant eVidence shall be admitted If It IS the sort of eVidence on which
responsible persons are accustomed to rely In the conduct of senous affairs,
regardless of the eXistence of any common law or statutory rule which might
make Improper the admiSSion of the eVidence over objections In CIVil actions
Hearsay eVidence may be used for the purpose of supplementing or
explaining other eVidence but shall not be sufficient In Itself to support a
finding unless It would be admiSSIble over objection In civil actions or no
objection was made to this use of hearsay eVidence pnor to the close of the
heanng before the NUIsance Abatement Board
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SECTION 6 Santa MOnica Municipal Code Section 8 12 130 IS hereby amended
to read as follows
Section 8.12.130. Resolution Declaring a Public Nuisance.
(a) Upon the conclUSion of a heanng before the NUisance Abatement
Board or after taking actIon on a Heanng Officer's decIsion referred to the
NUisance Abatement Board, the NUisance Abatement Board may, by
resolution, declare the eXistence of a nUisance This resolution shall direct
the owner, and/or the person responsible for creating. causing, committing
or maintaining the publ1c nUisance, to abate the same within not less than 10
days and not more than 30 days after the date of posting of a NotIce of
Resolutlon Declanng a Publ1c NUisance on the premises pursuant to Section
812140 The Resolution shall also set forth any conditions Imposed upon
the premises by the NUisance Abatement Board governing the future
maintenance or operation of the premises so as to prevent the recurrence
of the nUisance condItions
(b) The NUisance Abatement Board shall direct the City Attorney to
draft the Resolution, which the Chairperson of the NUisance Abatement
Board shall sign or cause to be Signed The Notice of Resolution Declanng
a Public NUisance shall state that If the nUisance IS not abated Within the
stated time penod, the NUisance Abatement Board shall cause the nUisance
to be abated and the costs of abatement to be made a lien or speCial
9
assessment against the lot or parcel of land upon which said nUisance IS
located, and to be the personal liability of the owner and/Of the person
responsible for creating, causing, committing, or maintaining the public
nUisance The Notice shall Inform the owner the time penod In which to seek
Judicial review The decIsion shall be final when signed by the Chairperson
and shall not be appealable to the City Councilor to any other City body or
official
SECTION 7 Santa Monica MUniCipal Code Section 8 12 180 IS hereby amended
to read as follows
8.12.180. Summary abatement of graffiti.
(a) The City Council finds that proliferation of graffiti, espeCially,
gang-related graffiti, presents an Imminent danger to the public safety and
welfare Law enforcement offiCials and other experts agree that Immediate
removal of gang-related graffiti IS necessary to reduce the risk of violent and
other cnmlnal activities associated wIth gangs and gang terrltones The
presence of graffiti which IS not abated Immediately encourages the creation
of additional graffiti, resulting In neighborhood blight and Increased costs of
abatement
(b) The DIrector of EnVironmental and Public Works Management IS
hereby authonzed to summanly abate graffiti The abatement may be
undertaken by City staff or by outside contractorsh
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(c) The DIrector of Environmental and Public Works Management
shall provide the owner of the property subject to abatement action under
this Section with wntten notice speCifYing the date that the City will abate the
graffiti This notice shall be mailed to the owner by certified mall, return
receipt requested, at least fIve days pnor to the scheduled City abatement
It shall Inform the owner that the City Will not undertake the abatement If the
owner notifies the City In writing that the owner Will abate the graffiti by a
date speCIfic acceptable to the City The cost of abatement performed by the
City shall be recovered In accordance with Section 8 12 190 except the
accounting reqUirements of Section 8 12 190(b) may be undertaken by the
Director of Environmental and PublIc Works Management
SECTION 8 Section 8 12 220 IS hereby added to the Santa MonIca Municipal
Code to read as follows'
8.12.220. Abandoned, Wrecked. Dismantled and Inoperative
Vehicles.
A Abandonment No person shall abandon a vehicle upon public
or pnvate property without the express or Implied consent of the owner or
person In lawful possession or control of the property
B Procedures for Abatement of VehIcles Constltutlna a Public
NUisance
11
(1) The procedures set forth In this Section are hereby
established solely for the abatement and removal of abandoned, wrecked,
dismantled or Inoperative vehicles or parts thereof (hereinafter "vehicle,"
"vehlcle(s)," or "vehicles") as public nUisances from pnvate or public
property and for the recovery of or assumption by the City of the costs of
administration and removal of those vehIcles These procedures are
enacted under the authOrity granted by the State of California pursuant to
Vehicle Code Section 22660
(2) It IS the Intent of the City Council to provide that the
abatement of public nUisances consisting of vehicles may be carned on
either concurrently With or separately from the abatement of other conditions,
If any, constltutlng a public nUisance on any premIses Within the City, as
deemed appropnate under the circumstances This section shall be
administered by regularly salaned full-time City employees, except the
removal of vehicles shall be by any duly authOrized person
C Notice of Intention to Abate or Remove.
(1) After Inspecting or causing to be Inspected any
premises, and upon determining the eXistence of a public nUisance on the
premises consisting of vehicles, the NUisance Abatement Board or Director
of EnVironmental & Public Works Management may Issue a ten (10) day
Notice of IntentIon to Abate and Remove the Vehlcle(s) ("1 Q-day Notice")
The 1 Q-day Notice shall be Issued to both the owner of the premises upon
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whIch the vehicle IS located, to the owner of the vehicle, and to any person
who has made a complaint about the nUisance and has requested that he or
she be notified of any action taken with respect to the nUisance A 10-day
notice need not be Issued If the property owner and the owner of the vehicle
have Signed releases authorizing removal and waiving further Interest In the
vehicle
(2) The 10-day NotIce shall contain the follOWing
Information
(a) The street address and any other deSCription
reqUired to Identify the premises upon which the vehlcle(s) IS located
(b) The Identity of the vehlcle(s) to be abated
(c) A statement that the City has found the vehlcle(s)
or parts thereof to be a public nUisance as defined In thiS Code
(d) A deSCription In suffiCient detail which Informs the
owner of the premises and the owner of the vehicle of the conditIons which
constItute the public nUisance
(e) A statement of the action reqUired to be taken as
determined by the City, and that such action IS to be completed Within ten
(10) days after the maIling of the notice
(f) A statement that the owner of the premises and
the owner of the vehlcle(s) have the right to request a heanng before the
NUisance Abatement Board
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(g) A statement on the copy of the notice sent to the
owner of the premises
"As to any vehlcle(s) lIsted herein, you may file With the
NUisance Abatement Board a sworn wntten statement denYing
responsibility for the presence on your property of the
vehlcle(s) listed, together With your reasons for such denial
ThiS statement shall be construed as a request for a heanng
by you which you need not attend At the heanng, your
statement Will be considered by the NUisance Abatement
Board In determining whether the cost of removing said
vehlcle(s) Will be assessed against your property as a lien In
the event that removal of the vehlcle(s) IS undertaken by the
City
You need not file a sworn statement If you intend to attend the
hearing, but you may do so If you Wish The sworn statement
Will be conSidered only as to vehlcle(s) and Will not be
conSidered as to the eXistence of any other condition on your
property which may be found to constitute a nUisance In thiS or
any other proceeding"
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(h) A statement that failure either to take the action
required to abate the nUIsance or to request a heanng Within the ten (10) day
period shall be deemed a waiver of such rights, and the NUisance Abatement
Board may proceed to abate the nUisance
(3) The 1 Q-day Notice shall be mailed, by registered or
certified mall, to the owner of the premIses as shown on the last equalized
assessment roll or supplemental roll and to the last registered and legal
owners of record, unless the vehicle IS In such a condition that Identification
numbers are not available to determine ownership
(4) A 1 Q-day NotIce IS not required for the removal of a
vehicle that IS Inoperable due to the absence of a motor, transmIssion, or
wheels and Incapable of being towed, IS valued at less than Two Hundred
Dollars ($200) by a person speCified In Vehicle Code Section 22855, and IS
determined by the City to be a publIC nUisance presenting an Immediate
threat to publiC health or safety, provIded that the property owner has Signed
a release authOriZing removal and waiving further Interest In the vehicle
Prior to final dispOSItion under Vehicle Code Section 22662 of a low-valued
vehicle for which eVidence of regIstration has been recovered, the CIty shall
prOVide notice to the registered and legal owners of ItS Intent to dispose of
the vehIcle, and that If the vehIcle IS not claimed and removed WIthin 12 days
after the notlce IS mailed, from a location speCified In Vehicle Code Section
22662, final dlsposltlon of the vehIcle may proceed The Clty or City's
15
contractor shall not be liable for damage caused to a vehicle by Its removal
pursuant to this subsection Furthermore, this subsection (C}(4) applies only
to Inoperable vehicles located upon a parcel that IS (1) zoned for agncultural
use, or (2) not Improved With a residential structure containing one or more
dwelling Units
D Public Heanna on NUisance Abatement
(1) The owner of the vehicle or the owner of the premises
upon which the vehicle IS located may request that a heanng be held before
the NUIsance Abatement Board The request for a hearing must be received
before the 10 day period stated In the Notice expires
(2) Whenever the owner of the premises on which the
vehlcles(s) IS located or the owner of the vehlcle(s) requests a heanng
(hereinafter called "requesting party"), the NUisance Abatement Board shall
Issue a hearing notice to the requesting party allOWing that party to appear
before the NUisance Abatement Board, or deSIgnated hearing officer, to
show cause why the vehlcle(s) IS not a publIC nUisance and should not be
abated by the CIty The hearing notice shall be served upon the requesting
party either personally or by mailing a copy of the notice by certified mall,
postage prepaId, return receipt requested, not less than five (5) calendar
days pnor to the heanng date
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(3) The procedure specified In Section 8 12 120 of thiS
Chapter shall be utilized In conducting a heanng requested by the owner of
the premises on which the vehicle IS located or by the owner of the vehicle
(4) If at the heanng It is determined that the vehicle was
placed on the premises Without the consent of the owner of the premises and
that he or she has not subsequently acqUiesced to Its presence, the
NUisance Abatement Board shall not assess the costs of administration or
removal of the vehlcle(s) against the property upon whIch the vehicle IS
located or otherwise attempt to collect these costs from the owner of the
premises
E Reaulatlons Reoardlna Removal of Vehicle ConstltutlnO a
- --
Public NUisance
(1) Vehicles may be disposed of by removal to a scrapyard,
automobile dlsmantler's yard. or any sUitable site operated by a local agency
for processing as scrap, or other fInal diSpOSition consistent With subsection
E (3) below The City may operate such a disposal site when the City
CounCil determines that commercial channels of diSpOSition are not available
or are Inadequate, and may make final diSpOSition of such vehicles, or the
NUisance Abatement Board may transfer the vehicle to another proVided
such disposal shall be only as scrap Any mOnies that the City receives for
the disposal of the vehicle shall be used to offset the costs of abatement
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(2) The NUisance Abatement Board shall notify the
Department of Motor Vehicles within five (5) days of the date of removal,
Identifying the vehlcle(s) and submitting any eVidence of registration
available Including, but not limited to, the registration card, certificates of
ownership or license plates
(3) After a vehicle has been removed, It shall be unlawful
to reconstruct or make the vehIcle operable, unless the vehicle qualifies for
either horseless carnage license plates or historical vehIcle license plates
pursuant to Vehicle Code Section 5004
(4) No City employee, other than a peace officer or
employee of a shenffs department or a city police department deSignated to
remove vehicles pursuant to Vehicle Code Section 22669, may remove
vehicles until that employee has mailed or personally delivered a wntten
report IdentifYing the vehicle and ItS location to the Santa MOnica Police
Department
(5) Licensed dlsmantlers or commercial enterpnses
acqUiring vehicles removed pursuant to thiS Section shall be excused from
the reporting reqUirements of Vehicle Code Section 11520 and shall not pay
any fees and penalties which would otherwise be due the Director of Motor
Vehicles, prOVided, however, that a copy of the resolution or order
authOriZing diSposItion of the vehicle IS retained In the bUSiness records of
the dlsmanUer or commercial enterpnse
18
F Exceptions to this Section ThIs Section shall not apply to a
vehicle that IS completely enclosed within a bUildIng In a lawful manner
where It IS not vIsible from the street or other public or pnvate property or to
a vehicle that IS stored or parked In a lawful manner on private property In
connection with the bUSiness of a licensed dlsmanUer, licensed vehicle
dealer, or Junkyard This exceptIOn shall not authorize the maintenance of
a public or pnvate nUisance as defined under proviSIons of law other than
this Section
G Costs of Abatlno Abandoned. Wrecked. Dismantled or
Inooeratlve Vehicles Notwithstanding any other prOVIsion of this Code, the
cost of abating any nUisance created by a vehicle, Including the actual tow
costs, and an administrative fee covering direct and Indirect overhead, to be
set by Resolution of the City Council, IS the JOint and several personal
obligation of the owner of the premises and the last registered owner of the
vehlcle(s) However, an owner of the premises who establishes lack of
responsibility for the presence of the vehlcle(s) on the premises as permitted
by subsection D(4), shall not be personally liable for the costs In addItion,
the last registered owner of the vehlcle(s) who can satisfy the requirements
of Vehicle Code Section 22524(b) shall not be personally liable for the costs
of abatement The cost of abatement performed by the City shall be
recovered In accordance With Section 8 12 190 except the accounting
19
reqUirements of Section 8 12 190(b) may be undertaken by the Director of
Environmental and PublIc Works Management
SECTION 9 Section 8 12 230 IS hereby added to the Santa MOnica MUnicIpal
Code to read as follows
8.12.230. Attorney's Fees.
Attorney's fees shall be awarded to the prevailing party In any action
or administrative proceeding to abate a nUisance instituted by the City, If the
City elects, at the beginning of each IndiVidual action or proceeding, to seek
recovery of Its own attorney's fees If the City does not elect to recover Its
attorney's fees, no party shall be entitled to seek to recover said fees In no
action or adminIstrative proceeding shall an award of attorneys' fees to a
prevailing party exceed the amount of reasonable attorneys' fees Incurred
by the City In the action or proceeding
SECTION 10 Santa Monica Municipal Code SectIOn 7 48 090(8) IS hereby deleted
In ItS entIrety
SECTION 11 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, IS hereby repealed or modifIed to that extent necessary to
effect the provisions of thiS Ordinance
20
SECTION 12 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 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
21
SECTION 13 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 become effective 30
days from ItS adoption
APPROVED AS TO FORM
~f-cfzq
MARSHA JOtlES MOUTRIE
City Attorney
22
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------
State of CalIfornia )
County of Los Angeles) ss
CIty of Santa MOlllca )
I, Mana M Stewart, CIty Clerk of the CIty of Santa MOlllca. do hereby certIfy that the foregomg
Ordinance No 1880 (CCS) had Its first readmg on June 17. 1997, and had Its second readmg on
June 24, 1997 and was passed by the follm"mg vote
Ayes
CouncIl members
Ebner, Femstem, Genser, Greenberg, Mayor Pro Tern
Holbrook, Mayor O'Connor, Rosenstem
).Joes
CouncIl members
None
AbstaIn"
CouncIl members
None
Absent
CouncIl members
Xone
ATTEST-
~ ~~ - ~~_.-t
Mana M Stewart. CItY Clerk