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HomeMy WebLinkAbout1994-03-22 - ORDINANCES - RESTRICTING EVICTIONS (2)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 sea., 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 mufti -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 by law. PASSED, APPROVED AND ADO ATTEST: ity Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF SANTA CLARITA ) I, Donna M. Grindey, Ci , 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: Boyer,Darcy,Heidt,Klajic,Pederson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Norp ity Clerk GAC:KMK davis.ordpggmd