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O933 ~ ~;..~~;-~o ' --4'~'-~r-~~~' :~ -.;.'-'-'~-.~", = ;5~~~;c~~~~t~~~-~~ :~::~}~_~~_._~ ~ i~:~~~.:=~~_L"~:\_~. ~.L-"'~~'-C~-:_:~?...}~-'1_ ?-_'" - -"C~~ .~ . ~J~j.~" ;~- '.o,?,-,;~~-~~~~.~~ . 8~28-73 . 1U.K: shr ~ - r OR~~ ORDINANCE NO. 933 (CITY COL~CIL SE~IES) AN ORDINA.~CE OF THE CITY COUNCIL OF THE CITY OF SA~TA MONI~~ I~~NDING CHAPTER 6B OF ARTICLE VI ENTITLED "THE CONDOMINIUM TAX LAW" TO SPSCIFICALLY DEFINE THE WORDS "SALE", "CONSTRUCTION" A..'1D "DEVELOPMENT" FOR TF.E PURPOSE OF SAID LAW i-~m TO PROVI~E FOrt THE ADMINI5TR.::,\'fIVE i:-1EAi..'1S OF E~?ORC!NG SAID STATUTE THE CITY COu~CIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. C~apter fiB of Article VI entitled "The Condominium Tax Law" of the Santa Monica Municipal Code ~s ~ereby amended to read as follows: CHAPTER 6B The Condominium Tax Law Section 6650. Title of This Cha~ter. This chapte~ shall be known as the "Condominiu.'U Tax Law." Section 6651. Condominium Tax. A condomini~ b~5iness license tax is i~PQsed solely for revenue purposes ~?an ~he development and con5tr~ction of all condominium proJects, whether of ~ew construction or of ccnvers~on from an existing building, in the s~~ of $1,000 per planned salable un~t. No tax shall be ~~posed upon develoument or construction of any condom~ni'un unit for which a completed sale has occurred. Section 6652. Def~n~tions. In interpreting and adMinister~ng the provlslons of this law; each of the . following words and phrases shall be construed as herein set forth unless it is clearly apparent from the context that a different meaning is intended. (a) Condomin~~~ proJect. P~y project so de- fi~ed by Sectlon 9102 of this Code. (b) Construction and Development. Any or all acts connected wlth the building, erection, construction, -1- C{33 y~ ~-:;;-~ --:;--~~~- -i"f:~~~f~~v.:>,r3;':~~~:--~~:~-~'- ;< 8-28-73 .K:~h~q. , --~ ~_:..- .... =: __-'"~ +. _ .i_ 0: - - - . ........_ _, -=- ~ ,", ~ ;;-~J.>~~_.... --, 1~~':f:-;t~~~~'"'- "e ORIGfNAL creat~on, ?roduc~~on, conv~=sion ~nto, subd~vis~on to create, or improvement to create any condominium, town- house, community apar~~ent, condominium cluster development or similar structure or form of ownership. (cl Sale. The transfer of "title" to property by execution of the deed to seller and unconditional delivery of ~xecuted deed to the purchaser. For the purpose of this chapter, a sale shall not be deemed to be completed until a properly executed deed is delivered to the purchaser. Recordation_of the deed shall be ~rima facie evidence of delivery_ ~< ' _ 7 jo. Section 6653. Condominium License. ,Acondominium license will be issued by the City--'Clerk upcn tbe.-payment of the required fee provided herein or upon the execution and recordation of a duly notarized agreement signed by all record owners of the property contained within the condominium project, in a form approved by the City Attorney,agreeing to pay the condominium license tax p=~ar to occupancy. Said agreement shall be recorded with the County Recorder and shall create a lien against the property u~til it is paid. Within five (5) days of payment of said tax, the City Clerk shall file a release of sald lien with the County Recorder. Section 6654. Failure to obtain license unlawful. It is unlawful to engage in;per.mit, 'suffer, or. assist in the development or construction o~ to occupy any condominium for which a license has not been obtained> as provided in this chapter. Section 6655. Tax lien an~ hearin~. In the event that a developer fails to obtain a cond~~n~um license, the City Clerk shall notify him that he is in violation and that if he does not request a hearing -2- ~.~ . -...-n:. -..---.:~-::-.~f"-~--:::'- ~--=---o.- -~ ... ~,~ <. ORIGINAL w~thin five (5) days, a lien will be filed aga~nst the property being developed for the full amount of the tax. In the event that a hearing is demanded, a properly noticed publ~c hearing will be set within ten CIO) days of said request before ~he City Clerk, at which time evidence may be presented to contest r~e l~~n. The contestant will have a right to call witnesses and to cross-examine witnesses of the City. The obligation to pay the tax and the amount of the tax owed will be determined prior to flling said lien. Section 6656. Filin9 Notice of Lien. The City Clerk shall, upon the determination tp~t the tax lS due, deliver\to the County Auditor and record with the County Recorder a notice of lien substantially in the following form, to wit, Notice of Lien Pursuant to the au~~ority vested in my by Art~cle VI, Chapter 6B, Section 6655 of ~he Santa ~onlca Municlpal Code, I did cause a hear1ng to be held on the_ day of , 19____, which date was wlthin ten (10) days after receiving request for sa~d hearing and more than five (5) days after mailing notice of said hearing to all interested parties, to ascertain why a tax llen should not be imposed upon the hereinafter descrlbed property for non- payment of a required condominium tax, of which ~s ~til1 unpaid and owing; and havlng determined at said hearing that said amount is owed to the City of Santa MOTILCa, said City hereby does c:aLffi a lien -3- .-..;;"'.-;.-. ::-:t~::.:..,.~- r:-~---"'-~~~;r::$~_ ~:: . 8-28-73 RLK: shr . ORIGINAL on said real property in the sum'of and the same shall be a lien upon said real property unti~ the said sum has been paid in full and discharged of recordp and said sum shall be collected in the same manner and at the sa~e time as are the taxes for said City on said real property and subject to the same penalties and procedures to foreclose. The real property herein mentioned and upon which a lien is claimed is that certain piece or parcel of land in the City of Santa Monica, County of Los~Angeles, State of Cali~ornial and particularly described as fOllo'Ns, to wit: (Description of property) DATED this day of , 19 (City Clerk) Section 6657. Failure to Pav License--Denial - -- of Permits. No permit for building, construction, demo- lition, grading, subdiv1ding, condominium construction, condomin1urn conversion, variance, conditional use or occupancy shall be granted unless the license provided for 1n this chapter is obtained. Notwithstanding other provisions of law, no occupancy permit may be obtained under ~ny circumstances until the condominium license tax has bee~ paid. A certificate of occupancy is required for the occupancy of any condominium, new or conversion. Separate occupancy permits may be granted upon separate payment of the required license tax. -4- _,_..c ~ ._~."' .~-"!.:~~~";.. ."' ~~: -Y~! -'::-<:.~-:>" ,)::;~~~~~-~~~_~- 8-28-73 -- RLK:5hr ~ ORIGINAL Section 6553. Remedies of This Cha~ter-- S~DPlementa~v and Cumulative. The remedies for failure +... . --- to pay this tax are suP!?lementary to any other remedy provided by law for the failure to pay a business license tax and are also cumulative both with regard to each remedy provided by this chapter and each remedy provided by law. Section 6659. Tax Refund. In the event that the co~domi~ium or condomin~um conversion development is abandoned before substantial work has begun, the tax paid will be refunded to whomsoever paid said tax, upon payee's filed statement that he has so abandoned the project and upon his relinquishment of the issued condominium license, prov~ded furthe~ L~at in the event of such refund, it shall be unlawful for any person to proceed in any way with further development of the proJect without first applying for and receiving the applicable condominium license. Section 6660. Release of Lien upon Paymen~ or ~andonment. Upon the payment of the condominium tax or upon abandonment of the project as provided in Sect10n 6659, the City Clerk shall, within ten (10) days of his receipt of the tax or his receipt of not1ce, rel~nquished condom~n~um license and verification of abandonment, file with the County Recorder and the County Auditor a "Release of Lien." S3CTION 2. T~e City Cou~cil of t~e Citv of Santa :'Gn~ca hereby declares that the taxes required to be paid by this chapter are assessed pursuant to the tax~ng power of the ~~ty 0= San~a Mon~ca, and are solaly for the ?urpose or producing revenue~ SECTION 3. Any provis1on of the Santa Monica Mun~cipal -5- ~"-..":"'!'i< ~. _:r~~", .<- _-- _ -~~~-..<~~~~~-~.t.__~:>>- - -~.: ~ ~ -- ~ .. ., .- b>-~O-73 RLK:snr ORIGINAL -.. - ~ . ....: ' III Cede or appendices ~hereto ~nconsistent herewith~ to the extent af such inconsistencies and no further, are hereby repealed~ SECTION 4. If any section, subsection~ sentence~ clause or ~hrase of this ordinance is for any reason held to be invalid O~ unconstitutional by a decision of any court of competent juris- ~~~t~cn, such decision shall not affect the validity of the remainLog 2ortions of th~ ordinance. The C~ty Council hereby declares that ~~ would have passed thlS ordinance and each section, ~ubsection, se~~ence~ clause or phrase thereof, irrespective of the fact that ~ anyone or mo=e sections, subsections~ sentences, clauses, or ph~asesc be declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage o~ this crd~nance. The City Clerk sha1l cause c~e same to be published once in the officia1 newspaper within flf~een days after its adoption. This ordinance sha11 become effec- tive after thirty days from its adoption. ADOPTED this 11th tember , 197~. JIl. ?}- I '.TOEST, .f. / ~ ~.___.~d ~'~cti~~ C~ty Clerk - "TE OF CALIFORNIA J~TY OF LOS fu~GELES ss. CITY OF SANTA MONICA n ,)J. Ii _ \ACting MAyot: "'-" I do hereby cert~fy that the foregoing crdinance was duly and regularly introduced at a meeting of the City Council on the 31st d3'" of Au~ust , 1973; that thereafter the said ordinance was duly acopted at a meeting of the City Council on the 11th day of September" 1-y7'l - - ~, by the follow~ng vote: AYES~ NOES: ABSENT: ;"PP:E{OVED AS TO FORi; '~!7~4 Councllmen: Judson, Swink, van den Steenhoven, McCiQskey Councilmen: Noq,€ Councilmen, DiturLOCe' ~( Acting City Clerk - ~ U'