Loading...
HomeMy WebLinkAboutCC Ord 1697-U 2022-08-08ORDINANCE 1697-U AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REPEALING THE EMERGENCY MORATORIUM ON THE EVICTION OF RESIDENTIAL TENANTS FOR NON-PAYMENT OF RENT DUE TO COVID-19 FINANCIAL HARDSHIPS AND "NO-FAULT" COMMERCIAL EVICTIONS AND DECLARING THE URGENCY THEREOF WHEREAS, on March 4, 2020, the Governor of the State of California ("Governor") declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and department, and help the state prepare for the spread of COVID-19; and, WHEREAS, on March 16, 2020, the Governor issued Executive Order N-28-20, which suspended "[a]ny provision of state law that would preempt or otherwise restrict a local government's exercise of its police power to impose substantive limitations on residential or commercial evictions" of certain tenants affected by the COVID-19 pandemic; and, WHEREAS, on April 7, 2020, the City Council adopted emergency regulations ("Urgency Ordinance 1683-U") prohibiting residential and commercial evictions for non- payment of rent and "no-fault" commercial evictions; and, WHEREAS, on September 13, 2021, the City Council adopted Urgency Ordinance No. 2021-1691U, repealing Section 3 of Ordinance 1683-U, the moratorium on evictions of commercial tenants for non-payment of rent and "no-fault" commercial evictions; and, WHEREAS, the remaining relevant State protections for tenants affected by COVID-19 expired on June 30, 2022; and, WHEREAS, residential tenants and landlords are encouraged to continue to work together to relieve any further hardships related to COVID-19. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The City Council finds that each fact set forth in the preceding recitals is true and correct and incorporated by reference. Section 2. Reveal of Ordinance 1683-U. The City Council hereby repeals any remaining portions of Urgency Ordinance 1683-U. Section 3. Repayment by Residential Tenants. A residential tenant that has been unable to pay rent, late fees, or other fees or charges due to financial impacts related to COVID-19 and has otherwise complied with the requirements of Urgency Ordinance 1683-U and any applicable State law prior to this repeal shall have six (6) months following the effective date of this Urgency Ordinance to repay to the landlord any unpaid rent, late fees, or other fees or charges. This Section 3 is not intended to supersede any separate and legally valid agreement between the landlord and tenant as to the repayment of unpaid rent, late fees, or other fees or charges. Section 4. Urgency. The City Council finds that the laws relating to the eviction of residential tenants in the City have been confusing since the effective date of State laws in September of 2021 and the expiration of tenant protections as of June 30, 2022 since the City's residential eviction moratorium has not yet been repealed in conjunction with the repeal of the State. The City Council finds that the economic impacts of the public health and safety crisis relating to COVID-19 have subsided somewhat, and that the protections of the City's residential eviction moratorium are no longer warranted. The City Council further finds that in order to provide clarity to residential tenants, this repeal Ordinance must be effective immediately. Therefore, the immediate preservation of public health, safety and welfare requires that this repeal Ordinance be enacted as an urgency ordinance pursuant to Government Code section 36937(b) and that it take effect immediately upon adoption pursuant to Government Code section 36934, and its urgency is hereby declared. Section 5. Uncodified. This Ordinance shall not be codified. Section 6. Severability. If any provision of this Ordinance is held invalid by a court of competent jurisdiction, such provision shall be considered a separate, distinct and independent provision and such holding shall not affect the validity and enforceability of the other provisions of this Ordinance. Section 7. Effective Date. Based upon the findings in Section 4 of this Ordinance, this Ordinance shall take effect immediately upon its adoption by a minimum 4/5 vote of the City Council. Section 8. Certification. The City Clerk shall certify to the adoption of this Ordinance, and the City Clerk shall cause this Ordinance or a summary thereof to be published as required by law. The City Manager is directed to widely publicize the adoption of this Ordinance. PASSED AND ADOPTED by the City Council of the City of Seal Beach on the 8th day of August 2022, by the following votes: AYES: Council Members Moore Sustarsic Massa-Lavitt Varipaapaa, Kalmick NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members u Joe Kalmick, Mayor L.r STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing ordinance was passed, approved, and adopted by the City Council of the City of Seal Beach at a regular meeting held on the 8th day of August 2022.