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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,
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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
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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
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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.
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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
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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~.
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'.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
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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 -
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