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SR-8B (14) Rr~ 4~ -f~ . . !~ . .1 \~~ ~.J CA:f:atty\muni\strpts\bar\temp 2d City Council Meetlng 2-25-97 Santa Monica, Callfornia FED 2 5 1997 TO: Mayor and City Council FROM: City Attorney SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 4 36.120 TO REITERATE TENANCY RIGHTS OF TENANTS DISPLACED AND RELOCATED FOR SEISMIC SAFETY RETROFITTING INTRODUCTION At ~ts meet~ng on February 11, 1997, the City Council introduced for first reading an ordinance amending Municipal Code Section 4.36.120 to reiterate tenancy rights of tenants displaced and relocated for seismic safety retrofitt~ng. The ord~nance ~s now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Marsha Jones Moutrie, City Attorney Barry A. Rosenbaum, Deputy City Attorney B l~97 -! ~1A 2 t3 \ ~ CA:f:\atty\muni\laws\barry\temp.rel City Counc~l Meeting 2-25-97 Santa Monica, Callfornia ORDINANCE NUMBER 1874 (CCS) (c~ty Council series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 4.36.120 TO REITERATE TENANCY RIGHTS OF TENANTS DISPLACED AND RELOCATED FOR SEISMIC SAFETY RETROFITTING THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS. SECTION 1. Section 4.36.120 of the Santa Monica Mun~c~pal Code is amended to read as follows: 4.36.120 Inappllcab~l~ty of Chapter to certain evictions. (a) Notwithstanding Section 4.36.110, the requirements set forth in this Chapter shall not apply to any tenant whose tenancy is term~nated pursuant to a lawful notice to termlnate tenancy pursuant to Section 1806 (h) of the C~ty Charter served on or before June 10, 1986. (b) Section 4.36.100 shall not be applicable lf the d~splacement and relocation of the tenant is the result of a fire not caused by the landlord, earthquake or other natural disaster. (c) Except as prov~ded ln Sect~on 4.36.030 (b) , the requirements set forth ~n this Chapter shall not apply to any tenant whose tenancy is term~nated or caused to be terminated on 1 I . the ground that the landlord seeks to w~thdraw all rental housing un~ts from the rental market as provided in Government Code Sect~on 7060 et seq., unless the tenant qualifies as a lower ~ncome household pursuant to Health and Safety Code Sect~on 50079.5. (d) Section 4.36.100 shall not be appl~cable ~f the displacement and relocation of the tenant ~s necessary to comply with the repair and retrofitt~ng requirements of Munic~pal Code Bectlon 8.04.040.050. However, in the event of such d~splacement, a landlord shall be responsible to pay the displaced tenant the d~fference 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 d~splacement which exceeds the followlng lim~ts: 1) For buildings less than five stories in he~ght, 180 days, or ~f asbestos removal is required, 270 days. 2) For buildings five stor~es or more in height, 270 dayst or ~f asbestos removal is requlred, 360 days. The Buildlng Off~c~al and Director of Plann~ng and Community Development may jointly authorlze a longer time period to complete repa~r and retrofittlng if, prior to dlsplacement, they flnd that due to circumstances unique to the building t the repair and retrof~ttlng w~ll take longer than the preceding time l~m~ts. Addltionally, after tenant d~splacement, the Building Offlcial and Dlrector of Planning and Commun~ty Development may Jo~ntly grant a reasonable extension of the time l~mit if they find that the landlord is proceeding dlllgently and expeditiously w~th repalr and 2 retrofitting, and that the ~nab~lity to complete the proJect w~thin the established t~me l~m~t is due to the occurrence of events that were reasonably unforeseeable by and beyond the control of the landlordj provided, however, that the landlord I s inab~llty to finance such repair and retrof~tting shall not be grounds for such an extension. The displacement and relocat~on of a tenant for repair and retrofitting pursuant to Mun~cipal Code Section 8.04.040.050 shall not terminate the tenancy of the displaced tenant. The d~splaced tenant shall have the r~ght to reoccupy the unit upon the completion of the repairs and retrofitt~ng and shall reta~n all r~ghts of tenancy that ex~sted before the displacement. This amendment to Subsect~on (d) of th~s Section ~s declaratory of existing law. SECTION 2. Any prov~s~on of the Santa Monica Municipal Code or appendices thereto, lnconsistent w~th the prov~sions of th~s Ordinancer to the extent of such ~nconsistenc~es and no further, are hereby repealed or modif~ed to that extent necessary to effect the prov~s~ons of this Ordinance. SECTION 3. If any sect~on, subsect~on, sentence, clause, or phrase of this Ordinance lS for any reason held to be ~nval~d or unconst~tutional by a decis~on of any court of any competent Jurisd~ctlon, such decision shall not affect the val~d~ty of the rema~nlng portions of this Ordinance. The City Counc~l hereby 3 declares that ~t would have passed th~s Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconst~tutional w~thout regard to whether any portion of the Ordinance would be subsequently declared ~nval~d or unconstitutional. SECTION 4. The Mayor shall sign and the C~ty Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this ord~nance, or a summary thereof to be publ~shed once ~n the officlal newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoptlon. APPROVED AS TO FORM: MARSHA JONES MOUTRIE City Attofney 4 , , State of CahfornIa ) County of Los Angeles) ss Cny of Santa MOllIca ) ~M Mfyor . I l I (J O/1/J//~~- 1. :'vlana ~1 Stewart. Cny Clerk of the CIty of Santa MOllIca. do hereby certIfy that the foregomg Ordmance 1\0 1874 (CCS) had Its first readmg on February 11. 1997. and had Its second readmg on February 25. 1997 and was passed by the follo\vlng vote Ayes Councd members Ebner. Femstem. Genser. Greenberg. Holbrook. OTonnor. Rosenstem 1\oes CouncIl members None Abstam CouncIl members None Absent CounCIl members Kone "- ATTEST -\ ~ \,-~ "l~ CIty Clerk ~~~