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Ord 2021-011 Urgency Ord nonpmt of rent
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Ord 2021-011 Urgency Ord nonpmt of rent
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
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9/7/2021
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based upon the facts stated in the recitals above, and in the staff report dated March 23, 2020, as well <br />as any oral and written testimony at the March 23, 2020 City Council meeting. This Ordinance and <br />any moratorium that may be established thereunder is declared by the City Council to be an urgency <br />measure necessary for the immediate preservation of the public peace, health, welfare, or safety. The <br />facts constituting such urgency are all of those certain facts set forth and referenced in this Ordinance <br />and the entirety of the record before the City Council. <br />SECTION 3. ORDINANCE <br />The City Council hereby makes the findings contained herein and hereby adopts the <br />uncodified Ordinance to read as follows. <br />COVID-19 Eviction Moratorium Ordinance <br />Section 1. Moratorium on Eviction for Nonpayment of Rent During the COVID- <br />19 Emergency <br />A. During the term of this Ordinance, no landlord shall endeavor to evict a residential, <br />mobile homeowner, or commercial tenant for nonpayment of rent, including but not limited to any <br />such provision under Civil Code sections 798.56 et seq., 1940 et. seq., or 1954.25 et. seq., if the <br />tenant, or mobile homeowner demonstrates that the inability to pay rent is: <br />1. Due to, or arising out of a substantial decrease in household or business <br />income (including but not limited to the circumstances described in subsections B and C) or <br />substantial out-of-pocket medical expenses; and <br />2. The decrease in household or business income, or out-of-pocket medical <br />expenses, was caused by the COVID-19 pandemic, or by any local, state, or federal <br />government response to COVID-19, and is documented in writing. <br />For the purposes of this Ordinance, mobile homeowner also means recreational vehicle (RV) <br />owner. <br />B. "Substantial decrease in household income" includes but is not limited to income loss <br />caused by COVID-19 illness or caring for a household or family member with COVID-19 illness, <br />work closures, layoffs, job loss, a reduction in the number of compensable hours or other economic <br />or employer impacts of COVID-19, missing work due to a minor child's school or day care closure, <br />compliance with government health authority orders, or other similarly -caused reason resulting in <br />loss of household income due to COVID-19, substantiated with written documentation or other <br />objectively verifiable proof of same. <br />C. "Substantial decrease in business income" includes, but is not limited to, income loss <br />caused by work closures, reduction in staff reporting to work, reduction in opening hours, or <br />reduction in consumer demand, compliance with government health authority orders, or other <br />similarly -caused reason resulting in loss of business income due to COVID-19, substantiated with <br />written documentation or other objectively verifiable proof of same. <br />ORDINANCE NO. 2020-003 4 <br />
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