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JAN 2 5 1!
F:\ATTY\MUNI\MEMO\BAR\EVICT.STF
City Council Meet1ng 1-25-94
Santa Mon1ca, California
TO: Mayor and City council
FROM: City Attorney
SUBJECT: Emergency ordinance Establish1ng a Morator1um
On Tenant Eviction From Residential and Commercial
Properties That Are Red and Yellow-Tagged Resulting
From a Local Emergency, Limiting Abandonment of
Tenanc1es, and Declaring a State of Emergency
As this Council is well aware, a multitude of commercial and
residential structures have been posted by City building
1nspectors with a no entry notice ("Red-Tagged") or limited entry
notice ("Yellow-Tagged") due to the Northrldge earthquake. These
notices have resulted in the displacement of hundreds of tenants
from these propert1es. The substantIal hardship of d1splacement
resulting from the earthquake w1ll only be worsened if evict10n
actions are undertaken aga1nst dIsplaced tenants during this
cr1sis or 1f these tenants are considered to have abandoned the1r
tenancies simply because the tenants have vacated the prem1ses
after properties were posted with red or yellow tags.
Given these circumstances, this report recommends that the
City Council adopt an emergency ordinance which 1mposes a
moratorium on tenant eV1ct1on from residential and commercIal
properties whenever the city council has declared a local
emergency and these properties have been posted w1th red and
yellow tags as being unsafe for entry or safe for limited entry.
ThIS ordinance would provIde that no act10n shall be undertaken
to termInate a tenant's tenancy until that tenant has been
JAN 2 5 1994
f-C;
restored to actual phys1cal possession of the tenant's unit for a
period of thirty (30) days. ThlS ordinance states that it is not
intended to preclude a landlord from proceed1ng with action to
terminate a tenancy when the landlord had already commenced these
termination actions prior to the City Councll declaration of the
state of emergency.
This ord1nance further provides that no tenant shall be
considered to have abandoned possession of h1s, her, or its
tenancy if the tenant has vacated the tenant's premlses because
the premlses has been posted with a red or yellow tag. The only
exception to this provision would occur when the tenant has
notified the landlord in writing of the tenant's 1ntention to
surrender possession of the premises.
RECOMMENDATION
It is respectfully recommended that the Council adopt the
attached emergency ordinance.
Prepared by: Joseph Lawrence, Acting C1ty Attorney
Barry Rosenbaum, Deputy Clty Attorney
F:\Atty\MUNI\MEMOS\BAR\EVICT.ORD
City Council Meeting 1-25-94
Santa Monica, Cal1fornia
ORDINANCE NUMBER
(CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ESTABLISHING
A MORATORIUM ON TENANT EVICTION FROM
RESIDENTIAL AND COMMERCIAL PROPERTIES
POSTED WITH A NO ENTRY NOTICE OR LIMITED
ENTRY NOTICE RESULTING FROM A LOCAL EMERGENCY,
LIMITING ABANDONMENT OF TENANCIES, AND
DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Find1ngs and Purpose. The City Counc1l finds
and declares:
(a) The city of Santa Mon1ca has been severely 1mpacted by
the January 17, 1994 Northr1dge earthquake and its aftershocks
with numerous commercial and residential buildings suffering
substantial damage. The city Council, together with the state
and federal governments, has already declared an emergency as a
result of thls d1saster.
(b) Numerous commercial and resident1al structures have
been posted by city building lnspectors with a no entry notice
("Red-Tagged") or limited entry notice ("Yellow-Tagged") as belng
unsafe for entry or only safe for limited entry. These not1ces
have resulted 1n the displacement of tenants from hundreds of
rental units while additional assessments of the structures'
condition are undertaken.
(c) The substant1al hardship of displacement resulting from
J'
the Northridge earthquake will only be exacerbated if eviction
proceedings are undertaken agalnst displaced tenants of these
properties during this cr1sis or if these tenants are cons1dered
to have abandoned their tenancies.
(d) For the reasons set forth above, protectlon of the
publ1C health, safety, and welfare requires that a moratorium on
tenant eviction from properties that have been red-tagged and
yellow tagged be imposed and that tenants not be considered to
have abandoned their premises unless the tenants expressly inform
their landlord in writing of this intent.
SECTION 2. Morator1um.
(a) Notwithstanding any other provision of the Santa Monica
City Charter and the Santa Monica Mun1c1pal Code to the contrary,
whenever the City Council has declared a local state of
emergency, no landlord shall take action to terminate the tenancy
of any tenant who has been displaced from commercial or
residential property due to the posting of the property by city
build1ng lnspectors w1th a no entry or I1mited entry notice as
be1ng unsafe for entry or safe for lim1ted entry until the tenant
has been restored to actual physical possession of his/her/its
prem1ses for a period of thirty (30) days.
(b) Actions to terminate a tenancy include, but are not
limited to, serV1ce of any not~ce to qUlt or other ev~ction
notice or bringing any action to recover posseSS1on or being
granted recovery of possesslon.
(c) This ordinance lS not intended to preclude a landlord
from proceeding to terminate any tenancy when the landlord had
\-',/
J ;.::7'
already formally initiated actions to terminate the tenancy prior
to the declaration of a state of emergency by the city Council.
SECTION 3. Abandonment. Dur1ng any state of local
emergency, no tenant shall be considered to have abandoned
possession of his, her, or its tenancy if the tenant has vacated
the tenant's premises because the premises has been posted with a
no entry or limited entry notice, unless the tenant has notified
the landlord in writing of the tenant's intention to surrender
possession of the premises to the landlord.
SECTION 4. This ordinance is declared to be an urgency
measure adopted pursuant to the provislons of Sect10n 615 of the
Santa Mon1ca city Charter. The city Council finds pursuant to
city Charter Section 615 that a state of local emergency exists
with the City of Santa Monica as a result of the earthquake which
occurred on January 17, 1994. This Ordinance is necessary for
preserving the public peace, health, and safety, and the urgency
for its adopt1on 1S set forth in the find1ngs above.
SECTION 5. Any prov1s1on of the Santa Monica Municipal Code
or appendices thereto, inconsistent with the provis1ons 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 Ordlnance.
SECTION 6. If any section, subsectlon, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a declslon of any court of any competent
jurisdiction, such declsion shall not affect the validity of the
rema1ning portions of this Ord1nance. The City Counc11 hereby
declares that lt would have passed this Ord1nance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstltutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutlonal.
SECTION 7. The Mayor shall slgn and the city Clerk shall
attest to the passage of this Ord1nance. The city Clerk shall
cause the same to be published once in the officlal newspaper
within 15 days after its adoption. This ordinance shall be
effective upon its adoption.
APPROVED AS TO FORM:
t\ ~ 'f:
I i ~ i
~(.~_: - J /e.-~....--;:'..JJ-:.~
( ~O~EPH tAWRENCE -
\~~ing City Attorney
,.
F:\Atty\MUNI\MEMOS\BAR\EVICT.ORD
city council Meeting 1-25-94
Santa Monica, California
ORDINANCE NUMBER 1725 (CCS)
(city Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ESTABLISHING
A MQRATORIUM ON TENANT EVICTION FROM
RESIDENTIAL AND COMMERCIAL PROPERTIES
POSTED WITH A NO ENTRY NOTICE OR LIMITED
ENTRY NOTICE RESULTING FROM A LOCAL EMERGENCY,
LIMITING ABANDONMENT OF TENANCIES, AND
DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs and Purpose. The City Council finds
and declares:
(a) The City of Santa Monica has been severely impacted by
the January 17, 1994 Northridge earthquake and its aftershocks
with numerous commercial and residential buildings suffering
substantial damage. The City Council, together with the state
and federal governments, has already declared an emergency as a
result of this disaster.
(b) Numerous commercial and residential structures have
been posted by City building inspectors with a no entry notice
(nRed-TaggedU) or limited entry notice ("Yellow-Tagged") as being
unsafe for entry or only safe for limited entry. These notices
have resulted in the displacement of tenants from hundreds of
rental units while additional assessments of the structures'
condition are undertaken.
(c) The substantial hardship of displacement resulting from
~
the Northridge earthquake will only be exacerbated if eviction ~
proceedings are undertaken aga1nst displaced tenants of these
properties during this crisis or if these tenants are considered
to have abandoned their tenancies.
(d) For the reasons set forth above, protection of the
public health, safety, and welfare requires that a moratorium on
tenant eviction from properties that have been red-tagged and
yellow tagged be imposed and that tenants not be considered to
have abandoned their premises unless the tenants expressly inform
their landlord in writing of this intent.
SECTION 2. Moratorium.
(a) Notwithstanding any other provision of the Santa Monica
City Charter and the Santa Monica Municipal Code to the contrary,
whenever the City Council has declared a local state of
emergency, no landlord shall take action to terminate the tenancy
of any tenant who has been displaced from commercial or
residential property due to the posting of the property by city
building inspectors with a no entry or limited entry notice as
being unsafe for entry or safe for limited entry until the tenant
has been restored to actual physical possession of his/her/its
premises for a period of thirty (30) days.
(b) Actions to terminate a tenancy include, but are not
limited to, service of any notice to quit or other eviction
notice or bringing any action to recover possession or being
granted recovery of possession.
(c) This ordinance is not intended to preclude a landlord
from proceeding to terminate any tenancy when the landlord had
already formally initiated actions to terminate the tenancy prior
to the declaration of a state of emergency by the City Council.
SECTION 3. Abandonment. During any state of local
emergency, no tenant shall be considered to have abandoned
possession of his, her, or its tenancy if the tenant has vacated
the tenant's premises because the p~emises has been posted with a
no entry or limited entry notice, unless the tenant has notified
the landlord in writing of the tenant's intention to surrender
possession of the premises to the landlord.
SECTION 4. This ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section 615 of the
Santa Monica city Charter. The city council finds pursuant to
City Charter Section 615 that a state of local emergency exists
with the city of Santa Monica as a result of the earthquake which
occurred on January 17, 1994. This Ord1nance is necessary for
preserving the pUblic peace, health, and safety, and the urgency
for its adoption is set forth in the findings above.
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,
are 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 any 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.
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 be
effective upon its adoption.
APPROVED AS TO FORM:
CCq~f5-0<<1 U-'--
EPH MWRENCE
ing City Attorney
\ .
r
Adopted and approved thts 25th day of January, 1994
()~#
/' Mayor
I hereby certIfy that the foregomg Ordmance No. 1725 (CCS) was duly and regularly
mtroduced at a meetmg of the City CouncIl on the 25th day of January, 1994, that the saId
Ordinance was thereafter duly adopted at a meeting of the City CounCIl on the 25th day of
January, 1994 by the followmg CouncIl vote
Ayes:
Councllmembers:
Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstem,
Vazquez
Noes'
Counc1lmembers'
None
Abstain Councdmembers' None
Absent Councllmembers. None
ATTEST.
~Ai&L-fi:J~
---- '
CIty Clerk
PROOF OF PUBLICATION
(2015.5 c.c. P.)
STATE OF CALIFORNIA.
County of Los Angeles.
I am a Clflzen of the Unrted States and a
resident of the County aforesaId. I am over
the age of eighteen years. and not a party to
or Interested In the above-entItled matter I
am the prrnclpal clerk of the printer of the
. . . . . . _ . . . . , , _ rJ:J;~ Q l)J~QQ ~. . . , . . .
a newspaper of general clrculatlOn, printed
and published .Il..,..I.J..X. J:;~~-f:.~:I: .~~nf!?hX.
In the City of .SAtl.TA.ftJ9J'HCA _...... ..
County of Los Angeles, and whIch
newspaper has been adludged a newspaper
of general circulation by the Superror Court
of the County of Los Angeles, State of
California. underthedateof}~~...~6 19 .~~.,
Case Number .. 3,H.~1,!!,,,,,, that tne notice.
of which the annexed IS a printed copy (set
In type not smaller than nonpareil), has
been published In each regular and entIre
Issue of said newspaper and not In any
supplement thereof on the follOWing dates,
to-Wit
)"uRUARY 1ST
.......iIL ............. ........ ...............'... .........
all In the year 19.?~.
I certIfy (or declare) under penalty of
per I ury that the foregomg IS true and
cor r ect
Dated at SANTA HONICA
...... .............. ..........................
callf~. this.. ~.~1-:.~ayK'f.~JHS..., 19.?L
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....................I.It'......I....~.......
Signature
Free coplnol tillS blink 'arm mlV bit slcured 'ro."
CALIFORNIA NEWSPAPER SERVICE
BU REAU, I Ne.
Legal AdvertiSing Clearing House
P 0 80x 3 }
Los Angeles CA 90053 Telephone 6252541
Please reqUe~' GEIIIERAL Proal al PUlIl,callan
wnen araer,n'l fnlS 'arm
This space IS for the County Clerk's Filing Stamp
Proof of Publication of
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