HomeMy WebLinkAbout2021-03-29 Emergency Order Extending a Temp. Moratorium on Covid EvictionsCITY OF PALM SPRINGS
LOCAL EMERGENCY ORDER
EXTENDING A TEMPORARY MORATORIUM
ON COMMERCIAL COVID-19 RELATED EVICTIONS
March 29, 2021
WHEREAS, on March 14, 2020, pursuant to the City of Palm Springs Municipal
Code section 2.20.050(a)(1), the City Manager, acting as the Director of Emergency
Services, declared the existence of a local emergency within the City of Palm Springs,
due to the threat presented by the COVID-19 pandemic, which declaration was
subsequently ratified by the Palm Springs City Council on March 19, 2020; and
WHEREAS, on March 19, 2020, the Governor of the State of California ordered
all individuals living in the State of California to stay home or at their place of residence,
except as need to maintain continuity of operations of the federal critical infrastructure
sectors, as described in said order, which order was followed by additional, similar "stay
at home" orders over the past twelve (12) months; and
WHEREAS, pursuant to Palm Springs Municipal Code section 2.20.050(a)(6),
the Director of Emergency Services is empowered to make and issue rules and
regulations on matters reasonably related to the protection of life and property as
affected by such emergency; provided, however, such rules and regulations must be
confirmed at the earliest practicable time by the City Council; and
WHEREAS, pursuant to the City's police power and the powers afforded to the
City in time of national, state, county and local emergency during an unprecedented
health pandemic, such powers being afforded by the State Constitution, State law and
Sections 312 and 315 of the Palm Springs Charter to protect the peace, health, and
safety of the public, on April 2, 2020, the City Council adopted Ordinance No. 2022, an
urgency ordinance enacting a temporary moratorium on residential and commercial
evictions resulting from non-payment of rent when such non-payment was caused by
COVID-19 reasons, which ordinance provided that it would expire on June 4, 2020,
unless extended; and
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NOW, THEREFORE, IT IS HEREBY DECLARED AND ORDERED, that:
1. The provisions of City of Palm Springs Ordinance 2022 (Eviction Moratorium),
shall remain in effect, for commercial tenancies only, through 11:59 p.m. on April
28, 2021, unless extended, modified or terminated by either the City Council or
the City Manager/Director of Emergency Services. For purposes of the
protections provided in Sections 1(A) and 1(E) of Ordinance 2022, the local
emergency shall be deemed to end on that date.
2. Notwithstanding the foregoing, and in order to prevent inconsistencies, the
Director of Emergency Services may suspend the effectiveness of this Order in
the event that the President of the United States, Congress, Governor of the
State of California, or California State Legislature adopts an order or legislation to
the extent that such order or legislation pre-empts this Order.
March 29, 2021
David H. Ready,
City Manager/Director o Emergency Services
APPROVED AS TO LEGAL FORM:
Jeffrey S. Ballinger, City Attorney
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WHEREAS, on May 26, 2020, the City Council extended Ordinance No. 2022 to
June 30, 2020, unless extended or terminated by either the City Council or the City
Manager/Director of Emergency Services; and
WHEREAS, on June 30, 2020, the City Council extended the protections of
Ordinance No. 2022 through July 31, 2020, unless extended or terminated by either the
City Council or the City Manager/Director of Emergency Services; and
WHEREAS, at the September 24, 2020 City Council meeting, the City Council
provided direction to not extend the City's residential eviction moratorium past its
previously established expiration date of September 30, 2020; and
WHEREAS, on September 24, 2020, the City Council directed staff to not extend
the commercial moratorium, but with the understanding that the City may re -consider
the moratorium, depending on how the COVID-19 pandemic affected local businesses,
including both commercial landlords and tenants; and
WHEREAS, on March 4, 2021, Governor Gavin Newsom signed Executive Order
N-03-21, which extends the authorization for local governments to halt evictions for
commercial renters who are impacted by the COVID-19 pandemic
WHEREAS, at the March 25, 2021 City Council meeting, the City Council
discussed the potential for extending and/or modifying the commercial eviction
moratorium, and directed the Director of Emergency Services to extend the commercial
eviction moratorium for thirty (30) days; and
WHEREAS, the Recitals contained in Ordinance No. 2022, as well as the
extensions of such are hereby incorporated by reference herein; and
WHEREAS, as a result of the additional Stay at Home Orders issued by the
State following the September 24, 2020 City Council meeting, the Director of
Emergency Services finds that extending the commercial eviction moratorium is
reasonably related to the protection of life and property as affected by such emergency,
in that extending such moratorium will prevent eviction actions that are likely to
negatively impact tenant businesses as well as the judicial system; provided
WHEREAS, the Director of Emergency Services is authorized to revise his
emergency declaration and related orders, as the situation evolves.
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