Loading...
HomeMy Public PortalAboutOrd. 0914ORDINANCE NO, 914 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SECTION 200 73 A TO THE CITY CODE OF THE CITY OF LYNWOOD TO ESTABLISH LICENSE FEES FOR PERSONS ENGAGED IN THE REAL E5TATE PROFESSION THE CITY CQUNCIL OF THE CITY OF LYNWOOD HEREBY DOES ORDAIN AS FOLLOWS: SECTION 1; Section 20. 73 A.is added to the City Code of the City oF Lypwood to read as follows: Section 20.'73 A. Realtors. (a) For the purposes of this section a person shall be considered to be engaged in the real estate profession if he, for a compensation or in expectation of a compensation, does or negotiates to do one or more of the following acts for another or others: (i) Sells or offers to sell, buys or offers to buy, solicits prospective sellers or purchasers of, solicits or obtains listings of, or negotiates the purchase, sale or exchange of real property, (ii) Leases or rents or offers to lease o: rent, or negotiates sale, purchase or exchanges of leases on real property, or collects rents from real property, or improvements thereon. However, the provisions ofthis subsection do not applyto the manager of a hotel, motel, auto and trailer parks, to the resident manager of an apartment building, apartment complex, court, or to the employees of such manager. (iii) Assists or offers to assist in filing an application for the purchase ox lease of, or in locating or entering upon, lands owned by the State or Federal Government. (iv) Solicits borrowers or lenders for or negotiates loans or collects payments or perform services for borrowers or lenders or note owners in connection with loans secured directly or collaterally by li~ns on real property, (v) Sells or offers to sell, buys or offers to buy, or exchanges or offers to exchange a real property sales contract, or a promissory note secured direc?1. or collaterally by a lien on real property and perf~s•ri;.> service~ for the holders thereofo (vi) Claims, demands, changes, receives, collects, o.- contracts.for the collection of an advance fee ir. connection with any employment undertaken to prn - mote the sale or lease of real property by advanet: fee li.;ting, advertisement or other offering te~ se11, ~ ORDINANCE NO. URGENCY ORDINANCE ADDING SECTION 20. 73 A TO THE CITY CODE Page 2 lease, exchange or rent property, or to obtain a loari or loans thereon. (vii) Issues or sells, solicits prospective sellers or purchasers of, solicits or obtains listings of, or negotiate the purchaSe, sale, or exchange of a real estate syndicate security as defined in the Real Estate Syndicate Act. However, the provisions of this subsection do not apply to a broker-dealer or agents of a broker-dealer licensed by the Com- missioner of Corporations under the provisions of the Corporate Security Law of 1968. (b) Ariy person engaged in the real estate profession sha11 pay to the City of Lynwood an annual fee of $20, 00 for himself, regardless of the location of his principal place of business, and an additional $10.00 for each real estate person employed by him to do one or more oF the acts set forth in subsection (a) of this section. SECTION 2: It is the intention of the City Council that the license fees setforth in the aforesaid Section 20.73 A shall supersede any other license fees contained in the City of Lynwood which would otherwise apply to persons engaged in a real estate profession for the privilege of partici- pating in that profession, SECTION 3; If any section, subsection, sentence, clause, phrase or portion of"this or.dinance isfor any reason held invalid or uncon- stitutuional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 4: This ordinance is an urgency ordinance and sha11 take effect immediately rx~on its passage. The facts constituting this urgency are hereby found to be the following: The number of realtors and real estate salesmen operating in the City of Lynwood from ofPices within and without the City has increased dramatically in the last few months and has led to substantial confusion among the members of the real estate community as to the licen5e fees applicable to them in light of the various activities in which they engage. Furthermore, concern has been expressed that realtors whose principal place of business is located outside of the City of Lynwood should not be treated more favorably than those whose principal place of business i, located within the City of Lynwood, This rapid growth and these concerns have led to a substantial amount of instability within the real estate profession in the City of Lynwood. The public health safety and general welfare of the citizeps of Lynwood require that the real estate profession be practiced in an orderly manner subjectto clearly understood licensing provisions and subject alsa tothe other provisions ofthis code gaverning real estate transactions. , - Section 5. The City Clerk is hereby directed and ordered to certify to the passage of this ordinance and to cause the same to be published once in the Lynwood Press, a newspaper of general circulation, printed, published, and circulated in the City of Lynwood. First read, finally adopted and ordered published at a regular meeting of the City Council of the City of Lynwood held on the lst day of August, 1g72, by the following vote: Ayes: Councilmen Byork, Liewer, Morris, Rowe Noes: Councilmen None Absent: Councilmen Stevens ~' ~ ~~ , Mayor of t ity of LYnwood ATTEST: i ~h~ c:,~;~C ~u ;,"~, f~~~Cz~ City Clerk, City of Lynwood 3'PATE OF' CALIP'ORNIA ) . ss. COUPITY OF LOS ANGELES } I, th~ undersigned, City Clerk of the City of Lynwc;od, and ex-officio clerk of the Council of said city, do her~~y certify that the above is a true and cor,^ect copy of Ordinance Nc. 914 adopted by the City Council of th2 City of Lynwood, and that same was passed o^ the 1a-:e and by the vote therein stated. DaT,ed this 9th day of August , 1972 . ~~C,eei.-C./'~6ZL~ZL[:- ;:!~ .~ 't~~_. 'CITY LERK, CITY OF L~NWOOD