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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 -!
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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
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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
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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
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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
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,
State of CahfornIa )
County of Los Angeles) ss
Cny of Santa MOllIca )
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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
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ATTEST
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CIty Clerk
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