O2189
f: \atty\mun i\laws\mj m\permitenforce revised-12d. doc
City Council Meeting 6-13-06 Santa Monica, California
ORDINANCE NUMBER 2189 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 1.08.040 TO THE SANTA MONICA MUNICIPAL
CODE RELATING TO ENFORCEMENT OF LAND USE PERMIT CONDITIONS BY
PRIVATE CIVIL ACTIONS AGAINST PROPERTY OWNERS
WHEREAS, the City consists of just eight square miles and has a population
density of 11,200 persons per square mile; and
WHEREAS, within the City varied land uses exist in close proximity; and
WHEREAS, development projects within the City provide benefits and
opportunities for residents, workers and visitors but also could have significant impacts
upon neighborhoods and upon the quality of life in the City; and
WHEREAS, to strike a proper balance between the benefits and burdens
attendant upon development projects, the City imposes conditions on those projects
which mitigate impacts and protect the qualify of life and the public welfare; and
WHEREAS, enforcement of such permit conditions ensures that project impacts
are, in fact, mitigated and that the qualify of life is preserved; and
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WHEREAS, expanding and clarifying enforcement rights to explicitly include a
private right of action available to all interested persons will serve the public interest by
maximizing opportunities to effectuate permit conditions,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA'MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 1.08.040 is hereby added to the Santa Monica Municipal
Code to read as follows:
Section 1.08.040. Enforcement by private civil
action.
Any interested person may enforce a condition of a
City land use permit by means of a civil action against the
property owner or permittee. In order to maintain such an
action, the plaintiff must plead, show and prove that:
(a) at least thirty (30) days prior to filing suit, plaintiff
provided written notice to the property owner or permittee
and to the City of (1) the address of the subject real property,
and (2) the permit condition that is being violated;
(b) the property owner or permittee continues to
violate the permit condition; and
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(c) the condition to be enforced imposes a clear,
present, mandatory duty and therefore does not require
interpretation.
The remedy provided in this Section is not exclusive
and shall not preclude any person from seeking any other
remedy or relief afforded by law.
SECTION 2. 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, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. 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 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 4. 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
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official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 13h day of June, 2006.
~~~~ ;-: Yk:d~tY-:"
Robert T. Holbrook, Mayor
State of California )
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. 2189 (CCS) had its introduction on May 25, 2006, and was
adopted at the Santa Monica City Council meeting held on June 13, 2006, by the
following vote:
Ayes: Council members: Bloom, Genser, Katz, McKeown, O'Connor,
Mayor Pro Tem Shriver, Mayor Holbrook
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
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Maria M. Stewa