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O923 .. 7-26-73"K:Shr REV. cl 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 -1- , ., C ) -~ .-~ 7-2f5~73,F.LK: Sh~ REV. - 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 -2- 7-26-73_RLK: shr ~- . REV. .. 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. -3- 7-26-73 RLK:shr REV. --- "-' ~ 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 30t~~~~ .......... . 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 -4- .. t. 7-26:-73, RLK: shr REV. - 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 -5-