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ORDINANCE NO. 923
(CITY COUNCIL SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 6B TO
ARTICLE VI OF THE SANTA MONICA MUNICIPAL
CODE TO ESTABLISH A TAX ON CONDOMINIUMS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I. There is herewith added Chapter 6B to
Article VI of the Santa Monica Municipal Code which chapter
shall read as follows:
CHAPTER 6B. CONDOMINIUM TAX LAW
Section 6650. CondominiUm Tax. A condo-
minium tax is imposed upon the development and
construction of all condominium projects, whether
of new construction or of conversion from an exist-
ing building, in the sum of $l,OOO per planned
salable unit. No tax shall be imposed upon develop-
rnent or construction of any condominium unit for which
a completed sale has occurred. A condominium license
shall be issued upon the payment of a condominium
license tax.
Section 665l. Tax Refund. In the event
that the condominium or condominium conversion
development is abandoned before substantial work
has begun, the tax paid will be refunded to whom-
soever paid said tax, upon payee1s filed statement
that he has so abandoned the project and upon his
relinguishment of the issued condominium license,
provided further that in the event of such refund,
it shall be unlawful for any person to proceed in
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any way with further development of the project
without first applying for and receiving the
applicable condominium license.
Section 6652. Tax Lien and Hearing_ In
the event that a developer fails to pay the condominium
tax, the City Clerk shall have the power to file a
lien upon the subject project in the form set out below
in Section 6653. The obligation to pay the tax and
the amount of the tax owed will be determined prior
to filing said lien at a properly noticed public
hearing.
Section 6653. F~~in~ Notice of Lien.
The City Clerk shall deliver to the county auditor
a notice of lien substantially in the following form,
to wit,
Notice of Lien
Pursuant to the authority vested
in me by Article VI, Chapter 6B, Section 6652
of the Santa Monica Municipal Code, I did
cause a hearing to be held, ten days after
notice at said hearing was delivered to all
interested parties, to wit, on the
day of , 19 , to ascertain
why a tax lien should not be imposed upon
the hereinafter described property for non-
payment of a required condominium tax,
of which is still unpaid and
owing; and having determined at such hearing
that said amount is owed to the City of Santa
Monica, said City hereby does cla~ a lien
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on said real property in the sum of
and the same shall be a lien upon said real
property until the said sum has been paid in
full and discharged of record, and said
sum shall be collected in the same manner
and at the same 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
California, and particularly described as
follows, to wit:
(Description of property)
DATED this
day of
19
(Ci ty Clerk)
SECTION 2. The City Council of the City of Santa
Monica hereby declares that the taxes required to be paid by
this chapter are assessed pursuant to the taxing power of the
City of Santa Monica, and are solely for the purpose of
producing revenue.
SECTION 3. Any provision of the Santa Monica
Municipal Code or appendices thereto inconsistent herewith,
to the extent of such inconsistencies and no further, are
hereby repealed.
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SECTION 4. If any sectio~ subsection, sentence,
clause or phrase of this ordinance is for any reason held to
be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the val-
idity of the remaining portions of the ordinance. The City
Council hereby declares that it would have passed this or-
dinance and each section, subsection, sentence, clause, or
phrase thereof, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, or phrases be
declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk
shall attest to the passage of this ordinance. The City
Clerk shall cause the same to be published once in the official
newspaper within fifteen days after its adoption. This
ordinance shall become effective after thirty days from its
adoption.
ADOPTED this
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Mayor
ATTEST:
~ -t)t/,~
~Acting City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SSe
CITY OF SANTA MONICA )
I do hereby certify that the foregoing ordinance was
duly and regularly introduced at a meeting of the City Council
on the
24th
day of July, 1973i that thereafter the said
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ordinance was duly adopted at a meeting of the City Council on
the 30th day of July , 1973, by the following
vote:
AYES:
Councilmen:
Judson, McCloskey, Trives, Hoover
NOES:
Councilmen:
Dituri, Swink
ABSENT:
Councilmen:
van den Steenhoven
APPROVED AS TO FORM:
.ftinqi~
City Attorney
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