HomeMy WebLinkAbout1994-03-22 - AGENDA REPORTS - ORD 94 6 (2)NEW BUSINESS
DATE:
SUBJECT:
DEPARTMENT:
7517;(e3 34111;1 i.
AGENDA REPORT
Ci{y Manager Approval
March 22, 1994
Urgency Ordinance No. 94-6
Community Development
Item to be presented by:
Lynn M. Harris
The January 17, 1994 Northridge Earthquake and following aftershocks caused extensive damage
to residential structures and mobilehomes throughout the City. Over 100 residential structures
have been ordered vacated due to non -habitability and over 1,700 mobilehomes have been
dislocated from their pads, resulting in substantial residential displacement. Over 1,500 residents
have camped in local parks, parking lots and shelters, and over 2,000 residents have taken refuge
in hotels and with friends and relatives.
Councilwoman JoAnne Darcy has requested that the City Council consider adoption of an urgency
ordinance prohibiting the eviction of tenants for non-payment of rent on uninhabitable structures
and mobilehomes. The City Attorney has drafted such an ordinance (attached), based upon a
similar ordinance recently adopted by the City of Los Angeles.
ANALYSIS
The proposed urgency ordinance would prohibit the eviction of tenants for non-payment of rent
during the period beginning January 17, 1994 and ending February 28, 1994, if these tenants were
unable to occupy their residential structures or mobilehomes. (This ordinance would apply only
to those residential structures and mobilehomes rendered untenantable as defined in Civil Code
Section 1941.1, or as declared by the Building and Safety Division of the Department of Community
Development; and rendered untenantable specifically as a result of the January 17, 1994 Earthquake
and/or following aftershocks).
RECOMMENDATION
Staff recommends that the Council:
1. Receive public Input; and
2. Adopt Urgency Ordinance No. 94.6.
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Adopted:3 �
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ORDINANCE NO. 94-6
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA
NECESSITATED BY THE DECLARED LOCAL EMERGENCY
RELATING TO THE JANUARY 17, 1994 NORTHRIDGE EARTHQUAKE,
TEMPORARILY RESTRICTING CERTAIN EVICTIONS FOR
NON-PAYMENT OF RENT AND PROVIDING FOR
CERTAIN TEMPORARY DEFENSES TO EVICTION
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A tenant of a unit of residential property shall not be evicted for the non-
payment of rent which occurred during any period from January 17,1994 through February 28, 1994
if: (1) it was rendered untenantable as defined In Civil Code Section 1941.1 as a result of the
January 17, 1994 Northridge Earthquake or any aftershocks, or (2) it has been declared
untenantable by the Building and Safety Division of Community Development Department as a
result of the Earthquake and/or aftershocks.
SECTION 2. Notwithstanding anything contained in Section 1 above to the contrary, a tenant
of a manufactured home park shall not be evicted for the non-payment of rent which occurred
during any period from January 17, 1994 through February 28, 1994 if; (1) the rental relates to both
the pad and the coach; and (2) the tenant did not occupy the manufactured home because the
manufactured home was rendered untenantable during the period of non-payment as a result of the
January 17, 1994 Earthquake and/or any aftershocks. If the rental relates only to the pad, then
neither this section nor Section 1 shall apply.
SECTION 3. In unlawful detainer actions under Code of Civil Procedure Section 1162 et seq.,
it shall be a defense that the owner acted In violation of Sections 1 or 2 of this Ordinance.
SECTION 4. Urgency Clause. The City Council finds and declares that this Ordinance is
required for the immediate preservation of the public peace, health and safety of its citizens. The
City has been severely impacted by the 6.8 magnitude Earthquake which occurred early in the
morning of January 17, 1994 and the following aftershocks. The impact on multi -family dwellings
and the City's affordable housing stock has been severe, and the resulting residential displacement
is enormous. Over 100 residential structures have been ordered vacated, and approximately 1,700
mobilehomes were dislocated from their pads. Over 1,500 residents have camped in local parks,
parking lots and shelters, and over 2,000 residents have taken refuge in hotels or with friends or
relatives. The status of these temporarily displaced tenants must be clarified. Therefore, this
Ordinance shall become effective immediately pursuant to Government Code Sections 36934 and
36937.
URGENCY ORDINANCE NO. 94-6
Page 2
SECTION 5. That the City Clerk shall certify to the passage of this Ordinance and
shall cause it to be published in the manner prescribed bylaw.
PASSED, APPROVED AND ADOPTED this 22nd day of March, 1994.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF SANTA CLARITA )
I, Donna M. Grindey, City Clerk of the City of Santa Clarita, DO HEREBY CERTIFY that
the above and foregoing Ordinance was regularly introduced and adopted as an
Urgency Ordinance at the meeting of the City Council on the 22nd day of March, 1994,
by the following vote, to wit
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
City Clerk
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