O1962
f \atty\munl\laws\barry\tenantll-1 wpd
City Council Meeting 11-16-99
Santa MOnica, California
ORDINANCE NUMBER 1962 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 8100 OF THE SANTA MONICA MUNICIPAL CODE
TO REQUIRE AN OWNER PERFORMING REPAIRS/REHABILITATION OF
TENANT-OCCUPIED PROPERTIES IMPACTING TENANT HABITABILITY TO
SUBMIT A RELOCATION PLAN AND FURNISH SECURITY, TO ESTABLISH
ADMINISTRATIVE PENALTIES FOR THE VIOLATION OF THE CONSTRUCTION
MEANS AND METHOD PLAN, AND TO CLARIFY EXISTING LAW AND AMENDING
SECTIONS 4 36 040 AND 436 120 OF THE SANTA MONICA MUNICIPAL CODE TO
INCREASE THE RELOCATION PAYMENTS TO QUALIFIED DISPLACED TENANTS
AND TO REQUIRE TEMPORARY RELOCATION ASSISTANCE WHEN THE
DISPLACEMENT IS THE RESULT OF A FIRE; DECLARING THE
PRESENCEOFANEMERGENCY
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, the vast maJorrty of apartments undergOIng such constructIon are
occupied, and
WHEREAS, such construction work can pose a serious threat to the health and
safety of persons reSiding In these properties dUring construction; and
WHEREAS, there have been 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, forced relocation disrupts residents' lives and IS emotionally and
financially costly, and
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 umts, thereby providing an opportumty to substantially Increase
rents, and
WHEREAS, the City Council recognizes the need to protect the safety and welfare
of residents of bUildings undergoing substantial rehabilitation, maintain the habitability of
the tenants' Units while occupied, and require adequate relocation and other assistance
when necessitated by the construction work, and
WHEREAS, on June 29, 1999, the City Council adopted an ordinance which
reqUires permit applicants for apartment rehabilitation projects to prepare a construction
means and methods plan detailing construction Impacts on tenants when the construction
work could Impact habitability, establishes noticing reqUIrements to ensu re that tenants are
aware of their nghts dUring construction and receive complete Information regarding the
scope and schedule of the proposed proJect, and details the nature of an owner's
responSibIlity to proVIde temporary relocation assIstance to tenants, and
WHEREAS, the City Council also directed staff to return WIth an ordinance which
would require applicants to prepare and submit a relocation plan In the event that
temporary relocation IS required, mandate the posting of security by rehabilitation project
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applicants, Impose penalties for violations of the approved construction means and
methods plans, require temporary relocation payments following a fire, and revise the
permanent relocation fees, and
WHEREAS, this proposed ordmance has been prepared In accordance With the
Council's direction, and
WHEREAS, enforcement of the construction means and methods plan IS vital to
protection of the publiC's health, safety and quality of life, and
WHEREAS, assessment of cIvil penalties through an administrative process IS a
necessary alternative method of enforcing the means and methods plan,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS
SECTION 1 Chapter 8100 of the Santa Monica MUniCipal Code IS amended to
read as follows
CHAPTER 8 100
TENANT PROTECTION DURING CONSTRUCTION
8 100 010 Construction Means and Method Plan Required
(a) When applYing for a permit to alter, repair, or rehabilitate a multi-
famIly reSIdential structure or mobllehome park, the applicant shall IndIcate
on a form furnished by the City's BUilding and Safety DIVISion whether the
property IS occupied by tenants
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(b) If the property IS tenant-occupied and, as determined by the
BUilding Officer, the construction work could Impact the habitability of any
Unit on the property, prior to obtaining a permit, the applicant shall submit a
construction means and method plan to the BUilding and Safety DIVision
which contains the mformatlon required by Section 8 100 020 The
construction could Impact unit habitability If any of the following conditions
may eXist at the property for a penod exceeding one (1) working day
(1) Inadequate sanItation Including, but not limited to, the following
(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
(0) Lack of adequate heating
(E) Lack of, or Improper operation of required ventilating eqUipment.
(F) Lack of minimum amounts of natural light and ventilatIon reqUired
by the BUilding Code of the CIty of Santa MOnica.
(G) Lack of required electrical lighting.
(H) Dampness of habitable rooms
(I) Lack of connection to reqUired sewage disposal system.
(2) Structural hazards including, but not limited to, the following
(A) Detenorated or Inadequate foundatIons.
(B) Defective or deteriorated f100rmg or floor supports
(C) Any of the following structural features that are of inSUffiCient size
to carry Imposed loads with safety Floonng or floor supports, members of
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walls, partitIons, or other vertical supports, members of ceiling, roofs, ceiling
and roof supports, or other hOrizontal members
(3) Wifing, 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
fo II ow mg Ineffecttve waterproofing of exterior walls, roof, foundations, or
floors, Including broken windows or doors
(5) The bUilding, premises, or portIon thereof, deVice, apparatus,
eqUipment, combustible waste, or vegetation IS m 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 arising from any cause
(6) The bUIlding or portIon thereof IS an unsafe bUildIng as defined by
the Dangerous BUIlding Code of the City of Santa MOnica
(7) The bUilding, premises or portions thereof IS not provided with
adequate eXit facIlities as reqUired by the BUlldmg Code and Fire Code of the
City of Santa MonIca
(8) The bUlldmg or portions thereof IS not provided with the
fire-resistive construction or fire-extmgUlshmg systems or eqUipment reqUired
by the BUlldmg Code of the City of Santa MOnica and the Fire Code of the
CIty of Santa MOnica
(c) No permIt shall Issue until a satisfactory means and method plan
IS approved by the BUlldmg Officer, If reqUired
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(d) If a constructIon means and method plan was not reqUired pnorto
permIt Issuance, the BUIlding OffIcer shall reqUIre a constructIon means and
method plan be submitted after work commences If the BUilding Officer
determines that the work could Impact the habitability of any Unit on the
property given the manner In which the construction IS being undertaken.
If the BUilding Officer reqUires a construction means and method plan, the
reqUirements of Sections 8 100 020, 8 100 030, 8.100 040, 8 100 050, and
8 100 060 below shall also apply The BUlldmg Officer may stop construction
until all applicable reqUirements of thIS Chapter have been met
8 100 020 Contents of Construction Means and Method Plan.
The construction means and method plan reqUired by subsection (b)
of Section 8 100010 shall proVide the follOWing information
(a) A detailed descnptlon 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
temporanly 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
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rehabilItatIon thereof will render the premIses unsafe for contmued occupancy.
(e) A description of the construction mitigation measures that the
ownerwllllmplementto mmlmlzethe Impacts of nOise, dust, vibrations, utility
shut-offs, and other construction Impacts on tenants.
8 100.030 Relocation Plan
If the constructJon means and method plan demonstrates, as
determined by the BUilding Officer, that the work being performed on the
property may require that tenants be temporarily relocated, the applicant
shall also prepare and submit a relocation plan for City approval prior to
Issuance of a permit which shall contain facts suffiCient to show that:
(a) FaIr and reasonable relocation benefits Will be provided to all
displaced tenants as reqUired by MUnicipal Code Section 4 36 100
(b) NotIce of the relocation assistance and benefits to be provided and
the timing of the displacement Will be provided to all tenants who Will be
displaced
(c) Based upon a recent survey and analYSIS of both the housing
needs of persons who Will be displaced and the supply of available
temporary housmg, and consldermg the competing needs for that hOUSing,
suffIcIent temporary hOUSing of the type reqUIred by SectIon 4 36 100 w/II be
proVided
(d) The owner has adequate resources to provide the reqUired
relocation benefits and adequate proviSions have been made forthe orderly,
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timely, and efficient relocation of displaced tenants to comparable
replacement housing
8 100040 Tenant Noticing Requirements.
(a) Before a permit can be Issued forthe alteratlonlrepair/rehabllrtation
of a bUilding or mobllehome park which required an applicant to prepare a
construction means and method plan pursuant to Section 8 100 010 of thIS
Chapter, the applicant must certify that all tenants of the property Will receive
the information requIred by subsection (b) of this Section, In a form approved
by the City, Within ten (10) days followmg the Issuance of the permit and that
no work Will commence under the permit until ten (10) days after 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 notice required by subsectIon (a) ofthls Section shall contain
the follOWing Information
(1) A detailed descnptlon of the nature and type of construction
actIvity that Will be undertaken
(2) Information regarding the scheduling of construction and the
penods 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.
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(4) A statement informing the tenants oftheir right to seek mitigation
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 for tenants 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.
(6) A statement Informing tenants of their right to revIew and receive
free copies of the owner's relocation plan, If such plan was required
(7) Information explaining how to contact the project applicant,
Including the designation of a project manager responsible for responding to
tenant mqUlrles, complaints, and requests for mitigation of nUisance
conditions
(8) A statement informing tenants that they should Immediately
contact the City's BUilding and Safety DIVISion regarding any conditions 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
(9) For construction projects that exceed thirty (30) days In duratJOn
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 regarding the progress of construction and Will schedule
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monthly meetings to address the construction progress and obtain tenant
Input and feedback regardmg the construction.
(10) 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 mformatlon 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
property Will be reqUired to move Without at least thirty (30) days wntten
notice from the owner
8 100050 Security.
Before recelvmg a permit for a project which reqUires an applicant to
prepare a construction means and method plan pursuant to Section
8 100.010 of thiS Chapter, the applicant shall furnish secunty to the City
suffiCient to ensure the trmely and faithful performance of all work Included
Within the scope of the permit and the payment of all relocation assistance
necessitated by the temporary displacement of the tenants, If any The
Burldmg Officer may exempt a project from the security reqUIrements of thiS
Section If the BUIld Ing Officer determines such security IS unnecessary based
on an analYSIS of the follOWing factors size of project, duration of project,
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potential for Impact on tenant safety, and invaSIveness of project If required,
any of the following are acceptable forms of security
(a) A deposit, either with the City or a responsible escrow agent or
trust company, at the option ofthe City, of money or negotiable bonds ofthe
kind approved for securing deposits of public monies
(b) An Instrument of credit from one or more fInancial institution
subJect to regulation by the state or federal government or a letter of credit
Issued by such a financial institution.
(c) Bond or bonds by one or more duly authorized corporate sureties
(d) A restricted bank account
8 100 060 Administrative Citations and Civil Penalties.
The owner and any other person violatIng the construction means and
method plan required by subsectIon (b) of Section 8 100 010 may be Issued
an administrative Citation by the Building Officer or the Fire Marshal In
accordance With the provIsions of thiS Section The administrative Citation.
which may Include the assessment of CIVil penalties, IS In addition to any
other administratIve or JudiCial remedy established by law which may be
pursued to address violations of the construction means and method plan
(a) An administratIve citation shall contam all of the followmg
Information
(1) The date of the Violation and the approximate time that the
Violation occurred
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(2) A description of the violation
(3) A list of necessary corrections to bring the property or the
construction Into compliance and the time frames for completion
(4) The amount of penalty, ifany, Imposed for the violation determined
pursuant to the factors establ1shed In subsection (c) of this Section and the
date from which these penalties begin to accrue In the case of an ongoing
violation, penalties shall be assessed at the daily fate established In the
administrative citatIon until the Violations are corrected as determined by the
BUilding Officer or Fire Marshal subject to the maximum penalty amount set
forth In subsection (d) of thiS Section
(5) The time Within which and the place at which the fine shall be paid
and the consequences of the failure to pay the penalty.
(6) A descnptlon of the admmistratlve Citation review process,
Including the time Within which to contest the admmlstratlve citation and the
place from which to obtain a request for hearing form to contest the
administrative Citation
(7) The name and signature of the cltmg enforcement offiCial
(b)The admmlstratlve Citation may also Include a stop work order and
require that the construction means and method plan, relocation plan and/or
security be revIsed as necessary to ensure that the reqUIrements of thIS
Chapter are met
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(c) In determining the amount or dally rate of the cIvil penalty to be
assessed, If any, the BUIlding OffIcer or FIre Marshal may consider some or
all of the follOWing factors.
(1) The duration of the violation
(2) The frequency or recurrence of the violation
(3) The seriousness of the violation
(4) The history of the violation
(5) The owner's or any other responsible party's conduct after
issuance of the administrative order
(6) The good faith effort by the owner or any other responsible party
to comply
(7) The economIc Impact of the penalty on the owner or any other
responsible party
(8) The Impact of the violation on the community
(9) Any other factors that Justice may require
The City Manager may establish a penalty schedule for the BUilding Officer
or the Fire Marshal to use as a guideline In determining the amount of CIVIl
penalties m appropriate cases The City Manager may also establish
procedures for the use of thIS penalty schedule.
(d) Each separate violatIon of the construction means and method
plan shall be su bJect to a maximum penalty of $500 00 The Bu Ildlng Officer
may Impose a separate penalty for each Unit when the construction means
and method plan Imposes separate obligatIons for each Unit Each and
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every day a vIolation of the construction means and method plan continues
also constitutes a separate and dlstmct violation The maximum amount of
CIvil penalties shall not exceed $1,000,000 00 for any construction project
(e) The Building Officer or Fire Marshal may suspend the imposition
or accrual of applicable penaltIes for any period of time dUring which
(1) The owner or any other responsible party has filed for necessary
permits, and
(2) Such permits are reqUired to achIeve compliance, and
(3) Such permit applications are actively pending before the City or
other appropriate governmental agencies
(f) The administrative penalty shall be paid to the City wlthm forty-five
(45) days from the date of service of the admlnlstratrve citation orwrthm forty-
five (45) days from the date of accrual of the admmlstratlve penalty In the
case of ongoing Violations
(g) An owner or any other responsible party receiving an
administrative Citation may contest the citation no later than ten (10) days
from the date of service of the administrative Citation by completmg a
request for hearing form and returning It to the City. A request for hearrng
form may be obtained from the department specified on the administrative
CItatIon The person requesting the hearing shall be notIfIed by personal
delivery or by certified mall, return receipt, of the time and place of the
hearing at least ten (10) days before the date of the hearing Any
documentation, otherthan the administrative Citation, which the enforcement
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offiCial has submitted or will submit to the Board of Appeals shall be served
on the person requestmg the heanng by personal delivery or by certified
mall, return receipt, at least three (3) days before the date of the hearing
(h) The NUisance Abatement Board, as established in Chapter 896
of Article VIII of the Municipal Code, shall serve as the Board of Appeals for
hearing appeals of administrative citations/penalties The conduct of
hearings by the NUisance Abatement Board shall be governed by Section
896 120 of the MUnicipal Code. The failure of a reCipient of an
administrative CItation to appear at the hearing shall constitute a failure to
exhaust their administrative remedies No later than thirty (30) days
follOWing the conclUSion of the hearing, the NUisance Abatement Board shall
Issue a wrrtten deCISion to uphold, modify, or cancel the administrative
Citation and/or the administrative penalty, If any, and shall state the reasons
for the deCISion If the NUisance Abatement Board upholds the
administrative Citation, the NUisance Abatement Board shall specify a
payment schedule for the fine In the decIsion The determination shall
become final on the date of service of the determination It shall not be
appealable to the City Councilor to any other City body or offiCial
(I) The NUisance Abatement Board shall also assess administrative
costs agamst the responsible person for any Violation found to exist or for
any Violation which was not timely corrected The administrative costs
Include any and all costs Incurred by the City In connection With prosecuting
the Violation, including but not limited to costs of Investigation, staffing costs
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In preparation of the administrative hearing and for the hearing Itself, and
costs for all inspectIons necessary to enforce the adminIstrative cItatIon The
decIsion of the Nuisance Abatement Board shall specify the date by which
the costs must be paid to the City
(J) Once an administrative citation has become final as provided in this
Section, the time In which Judicial review ofthe citation must be sought shall
be governed by California Code of CIvil Procedure Section 1094 6
(k) Upon the failure of the owner or any other responsible person to
comply With the terms and conditions set forth In the administrative Citation,
the City may use all appropriate legal means to recover the Civil penalties
and administrative costs and to obtain compliance With the administrative
Citation Administrative penalties and costs are a personal debt to the City
and in addition to all other means of enforcement, they may also be enforced
by means of a lien against the real property on which the Violation occurred.
(I) All notices required by thiS Section shall be served as followed.
(1) Any required notice shall be given either by personal delivery
thereof or by depOSit In the United States Mall, In a sealed envelope postage
prepaid Service by mall shall be deemed to have been completed at the
time of depOSit In the post office
(2) Except as othelWlse proVIded by law, the faIlure of any person to
receive any notice or information required under thiS Section shall not affect
In any manner the validity of any proceedings taken under thiS Section
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(m) The property owner shall remain responsible for any violation of
the construction means and method plan regardless of the responsibility of
any other person for the violation or any contract or agreement with any third
party regarding the owner's property or the construction which necessitated
the preparation of the means and method plan
8 100 070 Administrative Regulations.
The BUIlding Officer shall have the authority to promulgate and or
adopt administrative regulations to Implementthe provIsions ofthls Chapter
SECTION 2. Section 436040 of the Santa Momca Municipal Code IS amended to
read as follows
4.36.040
Amount of relocation fee.
The amount of relocation fee payable pursuant to the provIsions of
thiS Chapter shall be established period I cally by resolution ofthe City Council
In accordance with the following formula 1990 relocation fee adjusted for
Inflation by the percentage change In the Rent of Primary Residence
componentofthe CPI-W Index for the Los Angeles/Rlverslde/Orange County
area, as published by the Umted States Department of Labor, Bureau of
Labor StatIstIcs, between March 1990 and the date of preparatIon of the CIty
Council resolution, rounded to the nearest $5000
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(a) The 1990 relocation fee established pursuant to Ordinance
1515 (CCS) and determined according to the size of the rental housing Unit,
was as follows
Housing Unit Size
Relocation Fee
Bachelor or Single
One Bedroom
Two Bedroom
Three Bedroom
Four or more Bedrooms
$3,000 00
3,750 00
4,250 00
5,250 00
5,500 00
(b) If a tenant IS eVicted from more than one rental housing Unit
on a property, the tenant shall not be entitled to receive separate relocation
fees for each rental housing unit. The tenant shall receive a single relocation
fee based on the combined total number of bedrooms In the rental housing
umts from which the tenant IS being eVicted If one ofthe rental housing units
IS a bachelor or Single Unit, It shall be counted as a one bedroom Unit for
purposes of determining the amount of the relocation fee (e g , a tenant who
IS eVicted from a bachelor rental housing unit and a one bedroom rental
housing Unit would receive relocation benefits for a two bedroom Unit)
(c) lfthe rental hOUSing Unit from which the tenant IS being eVicted
IS furnished, two hundred fifty dollars shall be deducted from the amount set
forth In subsection (a) of thiS Section For purposes of thiS subsection, a
rental hOUSing unit shall be consIdered to be furnIshed If the landlord has
proVided substantial furnishings In each occupied room of the rental hOUSing
Unit
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(d) If one or more of the displaced tenants is a senior citizen or
disabled person, or IS a tenant with whom a minor child resIdes, and the
displaced tenant(s) occupied the rental housing Unit on or before November
17, 1999, an additIonal one thousand dollars shall be added to the amount
set forth In subsection (a) of this Section
SECTION 3 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) Notwlthstandmg 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 pu rsuant 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 an 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 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 Section
50079 5
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(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 Chapters 860,864.872,8 76,
and 8 80 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, one hundred
eighty days, or If asbestos removal IS required, two hundred seventy days
(2) For bUildings five stories or more In height, two hundred
seventy days, or If asbestos removal is required, three hundred sixty days
The BUilding Officer 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 retrofittmg will take longer than the
preceding time limits Additionally, after tenant displacement, the Building
Officer and Director of Planning and Community Development may JOintly
grant a reasonable extension of the time limit If they find that the landlord IS
proceedmg dIligently and expeditiously with repair and retrofitting, and that
the inability to complete the project within the established time limit IS due to
the occu rrence of events that were reasonably unforeseeable by and beyond
the control of the landlord, provided, however, that the landlord's Inability to
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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 Chapters 8 60, 8 64, 8 72, 8 76, and 8 80 shall
not terminate the tenancy of the displaced tenant. The displaced tenant shall
have the right to reoccupy the Unit upon the completion of the repairs and
retrofitting and shall retain all rights of tenancy that eXisted before the
displacement ThiS amendment to subsection (d) of thiS Section IS
declaratory of eXisting law
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 Ordinance IS necessary for preserving the public peace, health,
safety, and welfare
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
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
21
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 unconstltutlonal 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 become effectIve upon
Its adoption
APPROVED AS TO FORM'
n'1~ lJ1Ju ~
MABSHA JO~S MOU-TRIE
City Attorney
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Adopted and approved tills 16th day of November, 1999
State of Cahforrua )
County of Los Angeles) ss
CIty of Santa Maruca )
f{~~c~ Mayor
L Mana M Stewart. CIty Clerk of the CIty of Santa Momca, do hereby certIfy that the
foregomg Ordmance No 1962 (CCS) had ItS mtroducnon and adopnon on November 16.
1999. by the followmg vote
Ayes CouncIl members
McKeown, Femstem, Bloom. Rosenstem, Mayor Pro Tern
Genser. Mayor 0 'Connor
Noes CouncIl members
None
Abstam CouncIl members
None
Absent CouncIl members
Holbrook
ATTEST
.......
~~-~
Mana M Stewart, CIty tlerk