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NOJ 9 1982
CA:R.\fH: r
City Council Meeting 11-9-82 Santa Monica, Callfornla
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STAFF REPORT /
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TO: Mayor and Clty Council .......-- ...---..-""
FROM: City Attorney
SUBJECT: Ordinance Prohibiting Disruption of Housing
Services By Lanc110rds
At its meeting on October 26, 1982, the City Council
reintroduced for first readlng an ordinance adding Section 4810
to the Municipal Code prohibiting ctisruption of housing services
by a landlord. The ordinance is now presented to the City
Council for actoption.
RECOM~1ENDA T I ON
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. ~lyers , City Attorney
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NOV 9 1982
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DISTRIBUTION OF RESOLUTION ~ ORDDJAi'JCE #
CouncIl Meeting Date I !-1'-rf J- Introduced: ~{/ I J..-, /<7r.J--.-
Agenda Item !f b--C-- Adopted: /2. t IF 1, /9f;J.---
Was it amended? )LC * ALWAYS PUBLISH ).ooPT1::U ORDINA.,.~CES
VOTE: Affirmative: C e f} te /1 + y~
Negative: I, { .+
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Abstain=
Absent: J;--A~~~ii~
DISTRIBUTION: ORIGINAL to be SIgned, sealed and filed in Vault.
NEWSPAPER PUBLICATION (Date: ~ '--~- (7 ('1 J'- d---- ) ------
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Department originatIng staff report ( ) 1
City Attorney (th~se with theIr codes) --
Agency mentioned In document or staff report
(certified?)
SubJect file (agenda packet) 1
Counter file 1
Others:
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Airport ParkIng Auth.
Audltorum Personnel
BUIldIng Dept. PlannIng
Environ. Servo Police (en-
forcement?)
Flnance
Purchasing .
Fire _
Recr/Parks
General Servo
Transportation
Llbrary
Treasurer
~tanager
SE~D FOU~ COPIES OF ALL ORDI~ANCES TO:
CODBD SYSTENS, Attn Peter :v1acl'earie
PROFESSIONAL CENTER, ROUTE 71 -
BRIELLE1 ~EW JERSEY 08730
SEND FOUR COPIES OF I\T,T,_ ORf)T\JAN(,F:~ TO:
PRESIDDrG JUDGE
SANTA ~O~ICA ~ru~IcrPAL COURT
1725 MAl~ STREET
SANTA MONICA, CA 90401 TOTAL COPIES .
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CA : R:1M : r
City Council Meeting 11-9-82 Santa Monica, Californla
ORDINANCE NUMBER 1262(CCS)
(City Counell Series)
~v ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ADDING
SECTION 4810 TO THE SANTA MONICA
MUNICIPAL CODE PROHIBITI~G DISRUPTION
OF VARIOUS HOUSING SERVICES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1- Section 4810 is added to the Santa Monica
Municipal Coce to read as follows:
Section 4810. Disruotion of
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Housing Services.
(a) No landlord shall, with
respect to property used as a residential
rental unit under any rental housing
agreement or other tenancy or estate at
will, however created, do any of the
following:
(1) Interrupt or terminate
any utility service furnished to the
rental unit by any means whatsoever
including, but not limited to, the
cutting of wires, the removal of fuses,
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the s...,itching of breakers, and the
non-payment of util~ty bills.
(2 ) Prevent the tenant from
gain~ng reasonable access to the rental
un1.t by changing the locks or using a
bootlock or by any other sim1.lar method
or device.
( 3 ) Removal, t^,i thout
replacement within a reasonable time
period, doors or windows of the rental
unit.
(4 ) Remove from the rental
unit personal property, the furnishings,
or any other items wi thout the prior
written consent of the tenant, except
when done pursuant to the procedure set
.. forth in Chapter 5 (commencing with
Section 1980) of Title 5 of Part 4 of
Division 3 of the Civil Code.
(b) No landlord shall, with
respect to property used as a controlled
rental unit under any rental housing
agreement do any of the following:
(1 ) Bring any judicial
action to recover possession of a
controlled rental unit or recover
possession of a controlled rental unit
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unless authorJ.zed by and ~n accordance
with City Charter Section 1806 anc the
regulations proMulgated thereunder.
(2 ) Take any other action to
recover possession of a contro11eo rental
unit unless authorized by and in
accordance with City Charter Section 1806
and the regulations promulgated
thereunder. For purposes of this
subdivision, other action includes, but
is not limited to, the service or
delivery of written notices or demands
and the communicatlon of oral notices or
demand s .
(c) Nothing in this section shall
be construed as to prevent the lawful
ev~ction of a tenant by appropriate legal
means, nor shall anything in this
subdivision apply to occupancies defined
by subdivision (b) of Civil Code Section
1940.
( d) For purposes of thJ.s section,
the terms landlord, tenant, rent, rental
housing agreement, rental unit, and
controlled rental unit shall be defined
as set forth in Article XVIII of the City
Charter.
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(e) For purposes of thls section,
utility serVlce includes, but J.s not
limited to, water, heat, light,
electricity, gas, telephone, garbage
collection, sewage, elevator, or
refrigeration.
SECTION 2. Any provision of the Santa Monica Municl.pal
Code or appendices thereto inconsistent with the prov1.sions of
this ordinance, to the extent of such inconsistencles and no
further, are hereby repealed or modified to that extent necessary
to affect 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 the 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.
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SECTION 4. The Hayor shall sign and the City Clerk shall
attest to the passage of th1S ordinance. This City Clerk shall
cause the same to be published once in the official newspaper
with1n 15 days after 1tS adoption. ':'h e ordinance shall becofTle
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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Robert M. Myers
City Attorney
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ADOPTED AND APPROVED THIS 9th DAY
OF \fovember , 1982.
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~V;/{{.~-i#t'L~v~
J MAYO{ c/
r HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NO. 1262 (CCS), WAS DULY AND REGULARLY INTRODUCED AT A
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MEETING OF THE CITY COUNCIL ON THE 12th DAY OF October
,
1982; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE 9th DAY OF :\ovelTlber
1982 BY THE FOLLOWING COUNCIL VOTE:
AYES: COUNCILMEMBERS: Conn, Edwards, Press, Reed,
Zane and Hayor Yannatta Goldway
NOES:- COUNCILMEMBERS~ Xone
ABSEN-T: COUNCILMEMBERS: Jennin~s -
ABSTAIN: COUNCILMEMBERS: ~ane
ATTEST:
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r ClTY CLERK