O1946
f \atty\mum\laws\barry\rehab2.wpd
City Council Meeting 6-29-99
Santa MOnica, California
ORDINANCE NUMBER 1946(CCS)
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING CHAPTER 8.100 TO THE SANTA MONICA MUNICIPAL CODE
TO REQUIRE AN OWNER PERFORMING REPAIRS/REHABILITATION OF
TENANT-OCCUPIED PROPERTIES IMPACTING TENANT HABITABILITY TO
SUBMIT A CONSTRUCTION MEANS AND METHODS PLAN. TO PROVIDE
DETAILED TENANT NOTIFICATION AND TO PROVIDE RELOCATION
ASSISTANCE AS NECESSARY, AMENDING SECTIONS 4.36.020 AND
436 100 OF THE SANTA MONICA MUNICIPAL CODE TO CLARIFY AN
OWNER'S RELOCATION OBLIGATIONS WHEN THE OWNER IS REQUIRED
TO REMOVE AN ILLEGALLY CREATED RENTAL UNIT FROM THE
MARKET AND WHEN THE OWNER MUST TEMPORARILY OBTAIN
POSSESSION OF A RENTAL HOUSING UNIT TO COMPLY WITH
HOUSING, HEALTH, BUILDING, OR SAFETY LAWS; DECLARING
THE PRESENCE OF AN EMERGENCY
WHEREAS, as a result of State-mandated vacancy decontrol and the robust local
economy, there has been a SIgnificant Increase In the number of apartment bUIldIngs In the
City that are undergoing substantial repairs, rehabilitation, and upgrades, and
WHEREAS, such construction work can pose a serious threat to the health and
safety of tenants occupYing these properties dUring construction, and
WHEREAS, there have been two recent Instances In whIch construction has posed
a threat to the safety of tenants of such Immediacy that all work on the projects had to
cease until tenants were relocated to other accommodatIons, and
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WHEREAS, given the financial incentive to upgrade apartment bUildings, other
tenants will likely be forced by constructIon to temporarily vacate their Units until
construction IS completed, and
WHEREAS, the forced relocation of tenants can be highly disruptive to their lives
and costly,
WHEREAS, state-mandated vacancy decontrol has also created an incentive for
landlords to disrupt tenants' qUiet enjoyment of the premises to Increase the likelihood that
the tenants WIll vacate theIr Units, and
WHEREAS, the CIty CounCIl recognizes the need to protect the safety and welfare
of tenants In apartment bUIldIngs undergOIng substantial rehabilitation, malntam the
habitability of the tenants' Units while occupied, and reqUire adequate relocation and other
assistance when mandated by the constructIon work,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS
SECTION 1 Chapter 8 100 is hereby added to the Santa Monrca MUniCipal Code
to read as follows'
CHAPTER 8 100
TENANT PROTECTION DURING CONSTRUCTION
8100010 Construction Means and Method Plan Required.
(a) When applYIng for a bUilding permit to alter, repair, or rehabilitate
a multi-family residentlal structure, the applicant shall mdlcate on a form
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furnished by the City's BUilding and Safety DiVIsion whether the property IS
occupied by tenants
(b) If the property IS tenant~occupled and, as determined by the
BUilding Officer, the construction work could Impact the habltabllrty of any
umt on the property, prior to obtaining a bUilding permit, the applicant shall
submit a construction means and method plan to the BUilding and Safety
DIVIsion which contains the Information required by Section 8.100.020. The
construction could Impact umt habitability If any of the follOWIng conditions
may eXist at the property for a period exceeding one (1) working day:
(1) Inadequate sanitation Including, but not limIted to, the followmg
(A) Lack of, or Improper water closet, lavatory, or bathtub or shower
(B) Lack of, or Improper kItchen Sink
(C) Lack of hot and cold running water to plumbing fixtures
(D) Lack of adequate heatIng
(E) Lack of, or Improper operation of required ventllatmg equIpment
(F) Lack of minimum amounts of naturallrght and ventilatIon reqUired
by the BUilding Code of the City of Santa Monica.
(G) Lack of required electncalllghtlng
(H) Dampness of habitable rooms
(I) lack of connection to reqUired sewage disposal system
(2) Structural hazards Including, but not limIted to, the followmg.
(A) Detenorated or Inadequate foundations
(B) Defective or detenorated floonng or floor supports
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(C) Any of the following structural features that are of Insufficient size
to carry Imposed loads with safety. Flooring or floor supports, members of
walls, partitions, orothervertlcal supports, members of ceiling, roofs, ceiling
and roof supports, or other honzontal members
(3) WIring, plumbing, or electrical equIpment that Will no longer
conform with all applicable laws m effect at the time of Installation
(4) Faulty weather protection, including, but not limited to, the
follOWing Ineffective waterproofmg of exterior walls, roof, foundatIons, or
floors, including broken wmdows or doors
(5) The building or portion thereof, device, apparatus, equrpment,
combustible waste, or vegetation In such a condItion as to cause a fire or
explOSion or provide a ready fuel to augment the spread and Intensity of fire
or explOSion arlsmg from any cause
(6) The building or portion thereof is an unsafe bUilding as defmed by
the Dangerous BUilding Code of the City of Santa MOnica
(7) The buildmg or portions thereof IS not proVided With adequate exit
faCIlities as required by the BUilding Code of the CIty of Santa MOnica
(8) The bUilding or portions thereof IS not proVided With the
fire-resistive construction orfire-extmgUlshrng systems or equipment reqUIred
by the BUilding Code of the City of Santa MOnica and the Fire Code of the
City of Santa MOnica
(c) No bUlldmg permit shall issue until a satisfactory means and
method plan is approved by the BUilding Officer, if requIred
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8 100 020 Contents of Construction Means and Method Plan.
The construction means and method plan requIred by subsection (b)
of Section 8 100.010 shall provIde the following information
(a) A detailed description of the construction process, organized
sequentially
(b) An explanation of the Impact that thiS construction wIll have on the
occupancy of the Units by tenants
(c) The owner's plan to address the habitabIlity Impacts on the tenants
created by the proposed construction project
(d) An assessment of whether any or all of the tenants will need to be
temporarily relocated during any phase of the work. A tenant will need to be
temporarily relocated If the conditions of the property or the repair or
rehabilitation thereof will significantly affect the safe and sanitary use of the
premises by a tenant so that the tenant cannot safely reside in the premises
(e) A deSCription of the construction mitigation measures that the
ownerwllllmplementto minimiZe the Impacts of nOise, dust, Vibrations, utility
shut-offs, and other construction impacts on tenants
8.100 030 Tenant Noticing Requirements.
(a) Before a bUilding permit can be issued for the
alteratIon/repair/rehabilitatIon of a bUilding whIch reqUired an applicant to
prepare a construction means and method plan pursuant to Section
8 100010 of thiS Chapter, the applicant must certify that all tenants of the
property Will receive the Information reqUired by subsection (b) of thiS
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Section, In a form approved by the City, Within ten (10) days following the
Issuance of the bUilding permit and that no work will commence under the
bUilding permit until all tenants are notified ThIs notice shall either be
hand- delivered to each tenant of the property or sent by certified mall, return
receipt requested
(b) The nollce reqUired by subsection (a) of thiS Section shall contain
the following Information
(1) A detailed description of the nature and type of construction
activity that will be undertaken
(2) Information regarding the scheduling of construction and the
periods In which services such as laundry, parkIng, elevators, water, and
power, will be unavailable
(3) A statement that the construction being undertaken at the property
will not terminate the tenant's tenancy
(4) A statement Informing the tenants of their nght to seek mitigallon
from the property owner for nUisance conditions at the property, Including,
but not limited to, nOise, dust, vibrations, utility shut-offs, and other
construction Impacts MItigation measures may Include, but are not limited
to, temporary rent reductions, qUiet office space fortenants working at home,
and temporary accommodations
(5) A statement informing tenants of their right to review and receive
free copies of the owner's construction means and method plan
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(6) Information explaining how to contact the proJect applicant,
Including the desIgnation of a project manager responsIble for responding to
tenant inquiries, complamts, and requests for mitigation of nUisance
cond Itlons
(7) A statement Informing tenants that they should Immediately
contact the City's Building and Safety DIVISion regarding any condltlons at
the property whIch they consider to be unsafe, In Violation of the City's
Technical Codes, or In Violation of the applicant's construction means and
method plan
(8) For construction projects that exceed thirty (30) days In duratIon
as measured from the date that construction commences, the applicant shall
also Inform the tenants that the applicant wIll provide twice monthly notIces
to the tenants regardmg the progress of construction and will schedule
monthly meetings to address the construction progress and obtain tenant
Input and feedback regarding the construction
(9) Any other information that the BUilding Officer determines IS
necessary due to the unique Circumstances of the construction work
(c) In addition to the Information required by subsectIon (b) of this
Section, the tenant notificatIon shall provide the follOWing information If the
proJect Will require the temporary relocatIon of tenants'
A statement that the construction activity may reqUire displacement,
but that to the greatest extent practicable, no tenant lawfully occuPYing the
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property wIll be requIred to move wIthout at least thirty (30) days wntten
notice from the owner
8.100 040 Administrative Regulations.
The BUilding Officer shall have the authority to promulgate and or
adopt administrative regulations to Implement the provIsions of thIS Chapter
SECTION 2 Section 4 36 020 of the Santa Monica MUnicipal Code IS amended to
read as follows
4.36 020 When Relocation Fee Required.
(a) A relocation fee shall be paid In accordance with the provIsions
of thiS Chapter by any landlord who terminates or causes the termination of
a tenancy for any of the following reasons'
(1) The landlord seeks to withdraw all rental housing Units from the
rental housing market as provIded In Government Code Sections 7060 et
seq
(2) The landlord seeks to recover possession of a rental housing
unit pursuant to Section 1806(h) or Section 1806(1) of the CIty Charter
(3) The landlord seeks to recover possession to demolish or
otherwIse remove a rental housmg umt from resIdential rental housing use,
including Units that were Illegally converted to resIdentIal use, after having
obtained all proper permits from the City, If any such permits are reqUired
(b) A relocation fee shall be paid In accordance with the proVISions
of thiS Chapter to a displaced tenant who serves a landlord With a notice to
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terminate tenancy after having received written notice from eIther the
landlord or the Santa MOnica Rent Control Board that the landlord has filed
a Notice of Intent to WIthdraw Residential Rental Umts pursuant to
Government Code Section 7060 4 and Santa Monica Rent Control Board
Regulation 16002(a) or an Apphcatlonfor Removal Permit pursuant to Santa
MOnica Charter Section 1803(t)
(c) The fee required by this Chapter shall be due and payable to
a displaced tenant whether or not the landlord actually utIlizes the rental
housing Unit for the purposes stated In the notice of eviction
SECTION 3 Section 436 100 of the Santa Monica Mumcipal Code IS amended to
read as follows'
4 36 100 Temporary relocation mandated by code compliance
or by government order.
(a) If a landlord is requIred to temporanly recover possessIon of a
rental housing unit in order to comply with housing, health, bUIlding, or safety
laws of the State of California or the City of Santa Monica, or If a tenant IS
required to vacate a unIt upon the order of any government officer or agency,
the landlord shall proVide relocation benefits to the displaced tenant These
relocatIon benefits shall Include both temporary hOUSing as provided In
subsection (b) ofthis Section and moving costs as proVIded in subsection (c)
of this Section I n the event that the tenancy of such person IS subsequently
terminated for one of the reasons set forth In Section 4 36 020, the landlordr9
shall pay the relocation fee reqUired by Sections 4.36 040 and 4 36.050 and
the landlord shall have no further obligation for temporary accommodations
under this Section
(b) The type of temporary housmg reqUired by this SectIon IS
dependent on the duration of the tenant's dIsplacement If a tenant will be
displaced for a period less than thirty (30) days, the landlord shall relocate
the tenant to a motel or hotel accommodation which IS safe, sanitary, located
m Santa MOnica, and contains standard amenities such as a telephone The
landlord shall bear the full cost of this accommodatIon and also provide the
tenant With vouchers for food, laundry, and pet accommodations If the
displacement Will be for a period of thirty days or greater, the temporary
housmg shall be rental housing The rental housIng shall be comparable to
the tenant's eXistIng housing In location, Size, number of bedrooms,
accesslblltty, type and quality of construction, proximity to services and
rnstltutlons upon which the dIsplaced tenant depends, and amenities,
including the allowance for pets should the tenant have pets Should the
temporary hOUSing be more expensive than the tenant's eXIsting hOUSing,
the landlord shall be responSible for the cost differential between the rent
that the dIsplaced tenant pays for hIs/her Unit and the cost of the temporary
hOUSing The landlord and the tenant may mutually agree upon a housing
type other than the temporary hOUSing required by thiS subsection
(c) MOVing costs shall consIst of all actual reasonable costs of
moving, including, transportation of personal property, packing and
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unpacking, Insurance of personal property while In transit, compensation for
any damage occurring during moving, storage of personal property,
disconnection and reconnectlon of utIlity servIces and any other addItional
costs attnbutable to a tenant's special needs, including needs resultIng from
disability or age
(d) The displacement and relocation of a tenant pursuant to this
Section shall not terminate the tenancy of the dIsplaced tenant The
displaced tenant shall have the right to reoccupy his/her Unit upon the
completion of the work necessary for the umt tocomplywith hOUSIng, health,
bUilding or safety laws or any governmental order and the tenant shall retain
all rights of tenancy that eXisted pnor to the displacement.
SECTION 4 ThiS ordinance IS declared to be an urgency measure adopted
pursuant to the proVISion of Section 615 of the Santa Monica City Charter As set forth
In the findings above, thiS ordmance IS necessary for preserving the public peace, health,
safety, and welfare As an urgency measure, thIS ordinance IS effective Immediately upon
adoptIon and tenants currently dIsplaced for the reasons speCified In 436 100(a) are
entitled to ItS protections from the date of ItS adoption
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, IS hereby repealed or modified to that extent necessary to
effect the proVISions of thIS Ordinance
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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 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 ofthe 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 become effective upon
ItS adoption.
APPROVED AS TO FORM
thtUv(J.~tu~ hU'v~+tq
MARSHA JO~~ MOUTRIE
City Attorney
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Adopted and approved thIS 29th day of June, 1999
l
c-~'vt~
-
P~ O'Connor, Mayor
State of CalIforma )
County of Los Angeles) ss
CIty of Santa MOllIca )
L Mana M Stewart, CIty Clerk of the CIty of Santa MOllIca, do hereby certIfy that the
foregomg Ordmance No. 1946 (CCS) had Its mtroductIon and adoptIon on June 29, 1999,
by the followmg vote
Ayes.
CouncIl members. McKeown, Femstem, Bloom,
Rosenstem. Mayor Pro Tern Genser. Mayor
O'COlUlOf
Noes
CouncIl members None
Abstalll
CouncIl members None
Absent
CouncIl members Holbrook
~EST '---...
~\.u.~~
Mana M Stewart, Clty\5=lerk