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Item 21 - Approve Urgency Ordinance Regarding Short Term Rentals
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04/02/2024
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Item 21 - Approve Urgency Ordinance Regarding Short Term Rentals
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3/27/2024 9:04:45 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
21
Date
4/2/2024
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Ordinance No. NS-XXX <br />Page 3 of 5 <br /> <br />rental for less than 30 consecutive days. <br /> <br />Sec. 8-3402. -Violation; nuisance. <br /> <br />Any violation of this Article is unlawful, is hereby declared a public nuisance, and constitutes a <br />misdemeanor punishable as set forth in Chapter 1 of the SAMC section 1-8. At the discretion of <br />the City Attorney, a violation of this Article may be prosecuted as an infraction or misdemeanor. <br />In any civil action brought pursuant to this Article, a court of competent jurisdiction may award <br />reasonable attorney’s fees and costs to the prevailing party. Pursuant to Municipal Code Section <br />1-21, the City may issue an administrative citation for any violation of this Article. Such <br />administrative remedy may be exercised in place of, or in addition to, any administrative, <br />criminal, civil, or equitable remedy allowed by law. <br /> <br />SECTION 3. Severability. If any section, subsection, sentence, clause, phase, or portion <br />of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this Ordinance. The City Council hereby declares that it would have adopted this <br />Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, <br />irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, <br />clauses, phrases or portions might subsequently be declared invalid or unconstitutional. <br /> <br />SECTION 4. CEQA Determination. The City Council finds that this Ordinance is not <br />subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) <br />Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable <br />indirect physical change in the environment and 15060(c)(3) because the activity is not a project <br />as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, <br />Chapter 3, because it has no potential for resulting in physical change to the environment, <br />directly or indirectly and so is not a project. <br /> <br /> SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days <br />after its adoption. <br /> <br /> SECTION 6. Publication. The City Clerk shall certify the adoption of this Ordinance <br />and shall cause the same to be posted as required by law. <br /> <br /> <br />ADOPTED this ___ day of ___________________, 2024. <br /> <br /> <br /> <br /> <br /> _______________________ <br /> Valerie Amezcua <br /> Mayor <br /> <br /> <br /> <br />
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