SR-012396-8Af;atty\muni\strpts~mhs~tempa2.2d
City Cauncil Meeting 1-23-96
JAN 2 31996
Santa Monica, Cal~fornia
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Municipal Code Section 4.36.120
Regarding Temporary Relocation Payments
INTRODUCTION
At its meeting on January 9, 1996, the City Cauncil introduced for
first reading an ordinance amending Municipal Code Section 4.36.12a
tegarding temporary relocatian payYnents. The ardinance is now
presented ta the City Council for adoption.
RECOMMENDATION
It is respectfully recammended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Mary H. Strobel, Dept~ty City Attorney
JAN 2 3 1996
CA:f:~atty~m~ni~laws~mhs~tempa2
City Council Meeting ~-23-96 Santa Monica, Califarnia
ORDINANCE NUMBER I837(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA M~NICA AMENDING MUNICIPAL CODE
3ECTION 4.36.120 REGARDING
TEMPORARY RELOCATION PAYMENTS
THE CITY COUNCIL OF THE CITY OF SANTA M~NICA DOES ORDAIN AS
Ft}LLOWS :
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SECTION ~. Section 4.36.12Q of the Santa MoniCa Municipal Code
is amended ta read as follows:
4.36.120 Inapplicability af Chapter to certain evictions.
(a} Notwithstandirig Sectiori 4.36.110, the requirements set
forth ~n this Chapter sha11 not apply to any tenant whose tenancy
is terminated pursuant to a lawful notice to terminate tenancy
pursuant to Section 1806(h) af the City Charter served on or
befvre Juhe 10, Z986.
(b} Section 4.36.1OD shall not be applicable if the
displacement and relocation of the tenant is the result of a fire
n~t caused by the landlord, earthquake o~ ather natural disaster.
(c) Except as provided in Section 4.36.D3~(b), the
requirements set forth in this Chapter shall nat apply to any
tenant whose tenancy is termznated ar caused to be terminated on
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the ground that the landlord seeks to withdraw a11 rental housing
units fram the rental market as proUided in Government Code Sectian
7060 et seq., unless the tenant qualifies as a lower income
household pursuant ta Health and Safety Code Section 50079.5.
(d} Section 4.36.1.00 shali not be applicable if the
displacement and relocata.on of the tenant is necessary to comply
with the repair and retrofitting requirements of Municipal Code
Section 8.04.040.050. However, ~n the event of such displacement,
a landlard shall be respansible to pay the disp~aced tenant the
difference betwe~n reasonable rent actually paid fvr comparable
temporary accommodations, and the rent which would hav~ been
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payable to the landlord had the displacement not accurred, Par any
period of displacement which exceeds the following iimits:
1) For buildings less than five staries in height, 180
days, or if asbestos removal is required, 270 days.
2) For buildings five stori.es or mare in height, 270
days, or i~ asbestos removal is required, 360 days.
The Building Official and Director of Planning and Community
Development may jointly authorize a longer time periad to complete
repair and retrafitting if, priar to disp~acement, they find that
due to circumstances unique to the building, the repair and
retrofitting will take longer than the preceding time limits.
Additionally, after tenant disp~acement, the Building ~fficial and
Director of Planning and Cammunity Development may jointly grant a
reasonable e~ension af the time Iimit if they find that the
landlord is proceeding diligently and expeditiously with repair and
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retrof itting~ and that the inahility to camplete the praject within
the established time limit is due te the accurrence of events that
were reasonably unforeseeable by and beyond the control af the
~andlord; provided. however, that ths landlord's inability to
finance such repair and retrofitting sha~l not be grounds for such
an extensian.
SECTION 2. Any provision of the 5anta 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 modi~ied to that extent necessary to effect
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the provisions ~f this ordinance.
SECTIQN 3. If any sectian, subsection, sentence, clause, or
phrase of this Ordinance is for any reason he~d ta 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 ~rdinance. The City Caunci7. hereby
declares that it would have passed this Qrdinance, and each ~nd
every section, subsection, sentence, clause, ar phrase nvt declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance wauld be subsequently dec~ared invalid ar
unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shali
attest to the passage of this Ordinance, The Cit~ Clerk shail
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cause this ardinance, ar a summary thereof to be published once in
the official newspaper within 15 days after its adoptioh. This
Ordinance shall be effective 30 days from its adoption.
APPR4VED AS T~ FORM:
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.1..~-~~ ~~
M15.RSHA JONE MOUTRTE
City Attorney
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State af Cal~fam.~a )
County of Los Angeles ) ss
C~ty of Santa Manica )
Mayor
I, Maria M Stewart, Crty Clerk of the City of Santa Momca, da hereby certify that the forego~ng
Ordinance No 1837 (CCS} had rts first reading on 7anuar~ 9_ 1996 and had its second reading
on Januarv 23. 1996 and was passed b}T the foliowing vote
A_yes Council meml~ers Abdo. Ebner, Genser, Greenberg. O'Connar, Rosenstean
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Noes Council members None
:~bstain Counczl members None
flbsent Council members Hoibrook
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ATTEST
~o~l~..
City Clerk
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