Item 8-B

City Council Meeting 2-25-97             Santa Monica, California

TO:       Mayor and City Council

FROM:     City Attorney

SUBJECT:  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
          MONICA AMENDING MUNICIPAL CODE SECTION 4.36.120 TO
          REITERATE TENANCY RIGHTS OF TENANTS DISPLACED AND
          RELOCATED FOR SEISMIC SAFETY RETROFITTING

INTRODUCTION
At its meeting on February 11, 1997, the City Council introduced
for first reading an ordinance amending Municipal Code Section
4.36.120 to reiterate tenancy rights of tenants displaced and
relocated for seismic safety retrofitting.  The ordinance is now
presented to the City Council for adoption.

RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.

PREPARED BY:   Marsha Jones Moutrie, City Attorney
               Barry A. Rosenbaum, Deputy City Attorney

                    ORDINANCE NUMBER     (CCS)
                      (City Council Series)

            AN ORDINANCE OF THE CITY COUNCIL OF THE
          CITY OF SANTA MONICA AMENDING MUNICIPAL CODE
          SECTION 4.36.120 TO REITERATE TENANCY RIGHTS
             OF TENANTS DISPLACED AND RELOCATED FOR
                  SEISMIC SAFETY RETROFITTING

     THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:

     SECTION 1. Section 4.36.120 of the Santa Monica Municipal
Code is amended to read as follows:
     
 4.36.120 Inapplicability of Chapter to certain evictions.
     (a)  Notwithstanding Section 4.36.110, the requirements set 
forth in this Chapter shall not apply to any tenant whose tenancy 
is terminated pursuant to a lawful notice to terminate tenancy
pursuant to Section 1806(h) of the City Charter served on or 
before June 10, 1986.
     (b)  Section 4.36.100 shall not be applicable if the
displacement and relocation of the tenant is the result of a fire 
not caused by the landlord, earthquake or other natural disaster.
     (c)  Except as provided in Section 4.36.030(b), the 
requirements set forth in this Chapter shall not apply to any 
tenant whose tenancy is terminated or caused to be terminated on
the ground that the landlord seeks to withdraw all rental housing
units from the rental market as provided in Government Code
Section 7060 et seq., unless the tenant qualifies as a lower 
income household pursuant to Health and Safety Code Section 
50079.5.
     (d)  Section 4.36.100 shall not be applicable if the
displacement and relocation of the tenant is necessary to comply
with the repair and retrofitting requirements of Municipal Code
Section 8.04.040.050.  However, in the event of such
displacement, a landlord shall be responsible to pay the
displaced tenant the difference between reasonable rent actually
paid for comparable temporary accommodations, and the rent which
would have been payable to the landlord had the displacement not
occurred, for any period of displacement which exceeds the
following limits:
          1)  For buildings less than five stories in height, 180
days, or if asbestos removal is required, 270 days.
          2)  For buildings five stories or more in height, 270
days, or if asbestos removal is required, 360 days.
     The Building Official and Director of Planning and Community
Development may jointly authorize a longer time period to
complete repair and retrofitting if, prior to displacement, they
find that due to circumstances unique to the building, the repair
and retrofitting will take longer than the preceding time limits. 
Additionally, after tenant displacement, the Building Official
and Director of Planning and Community Development may jointly
grant a reasonable extension of the time limit if they find that
the landlord is proceeding diligently and expeditiously with
repair and retrofitting, and that the inability to complete the
project within the established time limit is due to the
occurrence of events that were reasonably unforeseeable by and
beyond the control of the landlord; provided, however, that the
landlord's inability to finance such repair and retrofitting
shall not be grounds for such an extension.
     The displacement and relocation of a tenant for repair and
retrofitting pursuant to Municipal Code Section 8.04.040.050
shall not terminate the tenancy of the displaced tenant.  The
displaced tenant shall have the right to reoccupy the unit upon
the completion of the repairs and retrofitting and shall retain
all rights of tenancy that existed before the displacement.  This
amendment to Subsection (d) of this Section is declaratory of
existing 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,
are 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 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  4.  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 published once
in the official newspaper within 15 days after its adoption. 
This Ordinance shall be effective 30 days from its adoption.

APPROVED AS TO FORM:

______________________________
MARSHA JONES MOUTRIE
City Attorney