O2057
City Council Meeting 10-22-02 Santa Monica, California
ORDINANCE NUMBER 2057 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 8.100.010 AND ADDING SECTION 8.100.060 OF THE SANTA
MONICA MUNICIPAL CODE RELATING TO THE TENANT PROTECTION
REQUIREMENTS DURING CONSTRUCTION AND AMENDING SECTION 1.08.010
OF THE SANTA MONICA MUNICIPAL CODE RELATING TO
THE SCOPE OF ADMINISTRATIVE FINES AND PENAL TIES AND
AMENDING SECTION 7.04.820 OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO UNDERGROUND UTILITIES
WHEREAS, as a result of State-mandated vacancy decontrol and the demand for
rental housing, there has been a significant increase in the number of residential buildings
in the City that are undergoing substantial repairs, rehabilitation, and upgrades; and
WHEREAS, such construction work can pose a serious threat to the health and
safety of tenants occupying these properties during construction; and
WHEREAS, given the financial incentive to upgrade residential buildings, tenants will
likely be forced by construction to temporarily vacate their units until construction is
completed; and
WHEREAS, the forced relocation of tenants can be highly disruptive to their lives
and costly;
WHEREAS, state-mandated vacancy decontrol has also created an incentive for
landlords to disrupt tenants= quiet enjoyment of the premises to increase the likelihood that
the tenants will vacate their units; and
WHEREAS, the City Council recognizes the need to protect the safety and welfare of
tenants in residential buildings undergoing substantial rehabilitation, maintain the
habitability of the tenants= units while occupied, and require adequate relocation and other
assistance when mandated by the construction work,
WHEREAS, the City of Santa Monica is committed to protecting its residents=
health, safety, welfare, and quality of life; and
WHEREAS, the City Council enacted Ordinance Number 1946 (CCS) to protect
tenants in multi-family dwellings and Ordinance Number 1962 (CCS) to protect tenants in
Mobilehome parks and there exists no similar protection to tenants in buildings with one
dwelling unit; and
WHEREAS, this ordinance will provide for the necessary protections for tenants in
single family dwellings and mixed use buildings undergoing renovations; and
WHEREAS, the City is also committed to preserving aesthetic qualities and charm
which enrich resident's lives and attract visitors; and
WHEREAS, effective code enforcement is vital to effectuation of these
commitments; and
WHEREAS, achieving effective code enforcement in Santa Monica is complicated by
various factors including the City's unusual density, its age, and the variety of sometimes
conflicting activities and land uses occurring within the City's eight square miles; and
WHEREAS, the City has a broad array of regulations and permit requirements
governing the use of land in the City; and
W H E REAS, code enforcement is the method by wh ich the City assu res that the use
of land continues to comply with local regulations after permits have been issued; and
WHEREAS, it is critical that the City have a full panoply of remedies available to it to
ensure compliance with local law and, where necessary, to penalize violators for the failure
to comply with these laws; and
WHEREAS, to protect resident's quality of life, preserve public safety, effectuate the
community's aesthetic values, and promote the City's continued economic success, the
City Council adopted Ordinance Number 2043 (CCS) to create a comprehensive code
enforcement system that uses a combination of judicial and administrative remedies is
critical to ensure Code compliance; and
WHEREAS, enforcement of this Code and conditions on entitlements are matters of
local concern and serve important public purposes; and
WHEREAS, the City adopts the administrative fine and penalty provisions of this
Ordinance pursuant to the City=s powers as a charter city and Government Code Section
53069.4; and
WHEREAS, this ordinance will expand the City's system of code enforcement to
include important concerns related to public safety, sanitation and health regulated in
Articles III and V of the Municipal Code; and
WHEREAS, the undergrounding of utilities in new and existing buildings is a
Citywide goal to improve community safety and aesthetics; and
WHEREAS, Code provisions for placement of underground utilities do not provide
for exceptions or hardship waivers for legal or physical constraints; and
WHEREAS, this ordinance will uniformly and fairly apply the requirements for
undergrounding of utilities to all new and substantially remodeled structures in the City with
provisions for necessary waivers and future connections:
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 8.100.010 of the Santa Monica Municipal Code is amended to
read as follows:
Section 8.100.010 Construction means and method plan required.
(a) When applying for a permit to alter, repair, or rehabilitate any
structure that contains one or more dwelling units or mobilehome park, the
applicant shall indicate on a form furnished by the Building Officer whether
the property is occupied by tenants,
(b) If the property is tenant-occupied and, as determined by the
Building Officer, the construction work could impact the habitability of any unit
on the property, prior to obtaining a permit, the applicant shall submit a
construction means and method plan to the Building Officer which contains
the information required by Section 8.100.020. The construction could impact
unit habitability if any of the following conditions may exist at the property for
a period exceeding one working day:
(1) Inadequate sanitation including, but not limited to, the following
(A) Lack of, or improper water closet, lavatory, or bathtub or shower,
(B) Lack of, or improper kitchen sink,
(C) Lack of hot and cold running water to plumbing fixtures,
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(D) Lack of adequate heating,
(E) Lack of, or improper operation of required ventilating equipment,
(F) Lack of minimum amounts of natural light and ventilation required
by the Building Code of the City of Santa Monica,
(G) Lack of required electrical lighting,
(H) Dampness of habitable rooms,
(I) Lack of connection to required sewage disposal system;
(2) Structural hazards including, but not limited to, the following:
(A) Deteriorated or inadequate foundations,
(B) Defective or deteriorated flooring or floor supports,
(C) Any of the following structural features that are of insufficient size
to carry imposed loads with safety: Flooring or floor supports, members of
walls, partitions, or other vertical supports, members of ceiling, roofs, ceiling
and roof supports, or other horizontal members;
(3) Wiring, plumbing, or electrical equipment that will no longer
conform with all applicable laws in effect at the time of installation;
(4) Faulty weather protection, including, but not limited to, the
folloWing:itleff~ watetproofingOf e",tIor walls. tOi.~iir-ndationlor
floors, including broken windows or doors;
(5) The building, premises, or portion thereof, device, apparatus,
equIPment. . CO~bUstible. waste or .ve'getatK>n is in tonditionas to
cause a fire or explosion or provide a ready fuel to augment the spread and
intensity of fire or explosion arising from any cause;
(6) The building or portion thereof is an unsafe building as defined by
the Dangerous Building Code of the City of Santa Monica
(7) The building, premises or portions thereof is not provided with
adequate exit facilities as required by the Building Code and Fire Code of the
City of Santa Monica;
(8) The building or portions thereof is not provided with the fire-
resistive construction or fire-extinguishing systems or equipml9nt required by
the Building Code of the City of Santa Monica and the Fire Code of the City
of Santa Monica
(c) No permit shall issue until a satisfactory means and method plan
is approved by the Building Officer, if required.
(d) If a construction means and method plan was not required prior to
permit issuance, the Building Officer shall require a construction means and
method plan be submitted after work commences if the Building Officer
determines that the work could impact the habitability of any unit on the
property given the manner in which the construction is being undertaken. If
the Building Officer requires a construction means and method plan, the
requirements of Sections 8.100.020, 8.100.030, 8.100.040, 8.100.050, and
8.100.060 below shall also apply. The Building Officer may stop construction
until all applicable requirements of this Chapter have been met.
SECTION 2. Section 8.100.060 is hereby added to the Santa Monica Municipal
Code.
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8.100.060 Compliance with Required Means and Method Plan.
(a) General. No person shall erect, construct, enlarge, alter, repair,
move, improve, remove, sandblast or convert the use of any building,
structure or building service equipment regulated by this code without
complying with all conditions of any required construction means and
methods plan.
(b) Owner's Responsibility. The property owner shall remain
responsible for any violation of the construction means and method plan
regardless of the responsibility of any other person for the violation or any
contract or agreement the owner entered into with a third party concerning
the owner's property or the construction that necessitated the preparation of
the means and method plan.
SECTION 3. Section 1.08.010 of the Santa Monica Municipal Code is amended to
read as follows:
Section 1.08.010 Violations, Penalty Options.
(a) Criminal Sanctions. It shall be unlawful for any person to violate
any provision, or to fail to comply with any of the requirements of this Code.
Any person violating any of the provisions or failing to comply with any of the
mandatory requirements of this Code, shall be guilty of a misdemeanor,
unless otherwise provided. Any person convicted of a misdemeanor under
the provisions of this Code, shall be punishable by a fine of not more than
five hundred dollars, or by imprisonment in the City or County Jail for a period
not exceeding six months, or by both such fine and imprisonment. Any
offense which would otherwise be an infraction is a misdemeanor if the
defendant has been convicted of the same offense three or more times within
the twelve (12) month period immediately preceding the commission of the
offense and the convictions are alleged in the accusatory pleading. For this
purpose, a bail forfeiture shall be deemed to be a conviction of the offense
charged. Each such person shall be guilty of a separate offense for each
and every day during any portion of which any violation of any provision of
this Code is committed, continued, or permitted by such person and shall be
punishable accordingly.
(b) Civil Actions. The City Attorney may bring an action in a court of
competent jurisdiction to enjoin a violation of any provisions of this Code or
any other ordinance of the City, or to enforce administrative penalties or fines
imposed.
(c) Administrative Fines and Penalties. The City may impose
administrative fines or penalties for any of the following acts or omissions:
(1) All violations of Articles 3, 4,5,6,7,8, and 9 of this Code.
(2) Failing to comply with any condition or requirement imposed on or
by any entitlement, permit, contract, or environmental document issued or
approved by the City.
Administrative fines may be imposed, enforced, collected, and reviewed in
accordance with the provisions of Chapter 1.09. Administrative penalties
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may be imposed, enforced, collected and reviewed in compliance with the
provisions of Chapter 1.10,
(d) Nuisance Abatement. In addition to the penalties hereinabove
provided, any condition caused or permitted to exist in violation of any of the
provisions of this Code shall be deemed a public nuisance and may be, by
this City, abated as such, and each day such condition continues shall be
regarded as a new and separate offense.
(e) Alternative Remedy. Nothing in this Section shall prevent the City
from using one or more other remedies to address violations as established
by this Code.
SECTION 4. Section 7.04.820 of the Santa Monica Municipal Code is amended to
read as follows:
Section 7.04.820 Underground Utilities.
(a) Utility Direct Service Requirements. All electrical, telephone, cable
television system, and similar service wires and cables, which provide direct
service to buildings and structures shall be installed underground in
compliance with all applicable building and electrical codes, safety
regulations, and orders and rules of the Public Utilities Commission of the
State of California, and specifications or standards of the Environmental and
Public Works Management Department for the following types of
improvements:
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(1) Any new building or structure served by utilities.
(2) Any existing building or structure served by utilities when such
building or structure is repaired, remodeled, altered or expanded, except
where the valuation of such repairs or remodeling or expansion does not
exceed fifty percent (50%) of the replacement cost of the building or structure
pursuant to Section 8.84.040 of this code, or its successor provisions.
(b) Premises Wirinq. Wiring between any accessory buildings and the
main building shall be in an underground system unless otherwise approved
by the Building Officer pursuant to Section 8.08.030.
(c) Responsibilitv for Compliance. The Contractor and Owner shall be
jointly and severally responsible for complying with the requirements of this
section and shall make the necessary arrangements with the
companies servicing the structure for the installation of such facilities.
(d) Waiver of Underqround Requirements. The City Engineer may
grant a waiver of some or all of the requirements of this section If one of the
following conditions exist:
(1) topographical, soil, or any other conditions make
underground installations unreasonable or impractical;
(2) If a building or structure is served by the rear from utilities not
located in the public right-of-way.
When a waiver is granted, the property owner shall install all conduit,
wires, pull boxes, electrical panel, and other appurtenances that may be
required for future underground utility services from the building or structure
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to an approved location on the property line of the parcel. The property may
continue to be served by overhead wires until said future underground utility
conversion occurs.
(e) Riqht to Judicial Review. Any person directly aggrieved by the
administrative decision of the City Engineer may obtain review of the
administrative decision by filing a petition for review with the Los Angeles
County Superior Court.
SECTION 5. Any provision of the Santa Monica Municipal Code or appendices
thereto, inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, are hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 6. If any Section, 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 any competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance, and each and every Section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the Ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause this ordinance, or a summary thereof to be
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published once in the official newspaper within 15 days after its adoption. This Ordinance
shall be effective January , 2003.
APPROVED AS TO FORM:
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Adopted and approved this 22nd day of October, 2002. .--.....
State of California ) J
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2057 (CCS) had it's introduction on October 8, 2002, and was
adopted at the Santa Monica City Council meeting held on October 22, 2002, by the
following vote:
Ayes: Council members: Holbrook, O'Connor, Bloom, Genser, Katz, Mayor
Pro Tem McKeown, Mayor Feinstein
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
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