Loading...
SR-11-C (13) , e e \ \DO 001 Santa Monlca, Callforrna, August 2, 1979 ~.. / / (! TO: The Mayor and Clty Councll AUG 1 4 1979 FROM: The Clty Staff SUBJECT: Proposed ordlnance requlr1ng owners of potentlal condominium conversions to notlfy new renters that converSlon may oecur. Introductlon ThlS report recommends conslderation of an ordlnance requlring owners of rental units for WhlCh converSlon procedures have been lnltlated to notify new or potentlal renters that converSlon may occur. Background Complaints have been made that apartments in bu~ldings with Tentatlve Tract Maps, publlC reports and even Flnal Maps are being rented to new tenants unaware of the potential converSlon. Wh1le the Plann1ng Commlsslon has recently required notlflcatlon to a11 new tenants of pendlng convers1ons, a large backlog of potentlal converSlons eXlst which do not have such restrlct1ons. The proposed ordinance 1S 1ntended to requ1re owners of all such bUlldln~in the Clty to glve slmilar notlflcatlon. Alternatlves In the absence of an ordlnance no practical or legal means appear to exist WhlCh would requlre apartment owners to make such notl- flcatlon. Whlle such actlon could be requested, it lS not manda- tory and cannot be enforced ln case of non-compliance. Under an IIC AUG 1 4: '979 ~- e e ~ Mayor and C1ty Councll - 2 - August 2, 1979 ordlnance all owners can be adv1sed that notlflcation lS manda- tory and ln the event of non-compliance, legal enforcement can be carrled out. Recommendatlon It lS respectfully recommended that the Councll act favorably on the recommendation by d1rectlng the Clty Attorney to prepare an ordlnance along the lines of that proposed and return it for Councll actlon in the usual course of procedure. Prepared by: James Lunsford JL:bt .-;' e e -' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA RE- QUIRING NOTIFICATION OF RENTERS OR LESSEES OF DWELLING UNITS FOR WHICH CONDOMINIUM CONVERSION PRO- CEDURES HAVE BEEN INITIATED AND ESTABLISHING PENALTIES FOR FAILURE TO DO SO. WHEREAS, during the past two years the owners of a slgnlflcant number of apartment houses ln the Clty of Santa Monlca have inltlated procedures for eventual converSlon to condomlnlurns; and WHEREAS, the posslblllty of converSlon may not be consldered or reallzed by potentlal renters; and WHEREAS, eXlsting code provlslons requlre notificatlon of tenants at the commencement of conversion actlvitles but do not requlre notlflcatlon of subsequent tenants: and WHEREAS, persons rentlng or leaslng rental unlts may suffer substantlal lnconvenlence or flnanClal loss by reason of thelr lack of knowledge of a pendlng converSlon; and vVHEREAS, the publlC lnterest, convenlence and general welfare would be served by requlrlng owners of all rental housing unlts for which condOffilnlum converSlon procedures have been lnltlated, regardless of the state or extent of such pro- cedures, to notlfy all potential renters or lessees that such procedures have been lnltlated and that the possiblllty that the bUlldlng wlll be converted exists; e e THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS AS FOLLOWS: SECTION 1. Whenever a rental unit wlthln any apartment house or complex for WhlCh any procedure to convert to condomlnlUffiS has been lnltlated regardless of the nature, status or extent of such procedure, the owner, or agent or deslgnee, prlor to completlon of any rental agreement, lease or other contract or tenancy arrangement, oral or written, ~~all dlsclose that condo- ffilnlum converSlon procedures have been initiated and the bUllding or dwelling units may be sold as condomlnlUffiS and the tenancy terminated. SECTION 2. Failure of the owner, agent or designee to disclose the eXlstance or lnltlatlon of condomlnium converSlon procedures or other failure to comply with the lntent of thlS Ordlnance upon convlctlon shal1 be gUllty of a rnlsdemeanor punlshable by a flne of up to $500.00 or lnprlsonment not to exceed 180 days and or both. SECTION 3. The Mayor shall slgn and the City Clerk shall attest to the passage of thlS ordinance. The Clty Clerk shall cause the same to be published once ln the offlcial newspaper wlthln fifteen (15) days after its adoptlon. The ordinance shall become effectlve from and after lts adoptlon. ADOPTED AND APPROVED thlS of , 1979. Mayor ATTEST: Clty Clerk - 2 - --. e e APPROVED AS TO FORM: Clty Attorney - 3 -