Loading...
HomeMy WebLinkAboutNS-1235ORDINANCE NO. NS-1235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING CHAPTER 3, TO PROVIDE FOR A UNIFORM HEARING AND APPEAL PROCEDURE; AND AMEND- ING VARIOUS SECTIONS OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The Santa Ana Municipal Code is hereby amended by adding Chapter 3, consisting of Sections 3-1 through 3-12 to read as follows: CHAPTER III UNIFORM HEARING AND APPEAL PROCEDURE Sec. 3-1. Scope of this chapter. Except as otherwise provided in this chapter or in other provisions of this code, the procedures of this chapter shall apply to hearings before the city council, whether on matters of initial application to the council or on appeal to the coun- cil from the decision of city officials, boards or commissions. Sec. 3-2. Request for hearing. 1. Initial application to council: Whenever an applicant is entitled by this code to apply directly to the city council for initial determination of a matter, he shall submit his application in writing to the clerk of the council. The clerk shall determine that the application is in complete and correct form and may refer it to any appropriate city department for advice and assistance in making such determination. Thereafter, the clerk shall place the application on the agenda of the next regular council meeting occurring not less than five (5) nor more than thirty (30) days after receipt of the application. If any provision of law requires that public notice of the hearing be given, the clerk shall cause such notice to be given so that the hearing may be scheduled within the time required by this section. The clerk shall notify the applicant by mail at the address provided by the applicant of the date on which the matter will be placed on the agenda. 2. Appeal to council from action of city official, board or commission: Whenever an applicant is entitled under ~his code or any other provision of law to appeal to the council from an adverse determination in a matter made by a city official, board or commission and desires to so appeal, he shall, within ten (10) days after he has been notified of that determination, submit a notice of appeal to the clerk of the council and a copy there- of to the person or the chairman of the body whose decision is being appealed. The notice of appeal shall be addressed, to the council and shall specify the subject matter of the appeal, the official or body whose decision is appealed, the date of any original and amended applications or requests, the date of the adverse decision (or receipt of notice thereof), the basis of the appeal, the action requested of the council and the name and address of the applicant. The clerk shall place the appeal on the agenda of the next regular council meeting occurring not less than five (5) nor more than thirty (30) days after receipt of the application, for council action pursuant to section 3-3. 3. By resolution, the council may authorize the clerk to appoint a hearing officer to consider applications or appeals in specific types of matters, in which event the clerk shall appoint such officer and fix a time and place for a hearing to be held within the time period otherwise required for placing the application or appeal on the council agenda. The clerk shall notify the applicant by mail at the address provided by the applicant of the date on which the matter will be placed on the agenda. Sec. 3-3. Determination by the council on how to proceed with an application or appeal. When an application or appeal is placed on the council agenda pursuant to section 3-2, the council may take either of the following actions: (1) Set a hearing date and instruct the clerk to give such notice of hearing as may be required by law. (2) Appoint a hearing officer and fix the time and place for hearing. The hearing officer may, but need not be a city employee. The clerk shall assume responsibility for such publication of notice of the hearing as may be required by law. If a hearing officer is appointed, the hearing shall be conducted in accordance with section 3-4 through 3-10 of this code. Sec. 3-3a. Hearing before city council. Whenever the council has scheduled a hearingpursuant to section 3-5 ~), at the date and time scheduled therefore council shall receive testimony and other evidence from the applicant/ appellant, from interested parties and from the city staff. If the applicant/appellant indicates that he is not prepared to present evidence, requests additional time and waives any claim which may arise against the city or its agents as a result of such delay, the council may continue the hearing to a subsequent meeting. Sec. 3-4. General powers of the hearing officer. A hearing officer appointed pursuant to sec. 3-3(2) may receive and rule on the admissibility of any evidence, hear testimony under oath, and call witnesses as he may deem advisable with respect to the conduct of hearings. Sec. 3-5. Burden of proof at hearings. Unless otherwise specifically provided by law, the burden is on the applicant/appellant in any hearing under this chapter to prove that he is entitled to that for which he is applying under section 3-2(1) or that the determination of the official or body which he is appealing under sec. 3-212] is unreasonable, erroneous or clearly abusive of discretion. Sec. 3-6. Rules of evidence inapplicable. The city council and the hearing officer shall not be bound by the traditional rules of evidence in hearings conducted under this chaptei. Sec. 3-7. Report of the hearing officer. The hearing officer shall within a reasonable time not to ex- ceed thirty (30) days from the date the hearing is closed submit a written report to the clerk of the council. Such report shall 2 contain a brief summary of the evidence considered and state the hearing officer's findings, conclusions and recommendations. The report shall also contain a proposed decision in the matter. All such reports filed with the clerk shall be matters of public record. A copy of each such report of proposed decision shall be mailed by certified mail to the applicant/appellant on the date it is filed with the clerk and a further copy shall be sent to the city department, board or commission most directly con- cerned with the subject of the report. Sec. 3-8. Consideration of hearing officer's report by council notice. The clerk of the council shall place the hearing officer's report on the agenda for the next regular meeting which occurs not less than ten (10) days after the report is filed and shall notify the applicant/appellant of the date of such meeting at least ten (10) days prior to the meeting unless the applicant/ appellant stipulates to a shorter notice period. Sec. 3-9. Exceptions to hearing officer's report. Not later than five (5) days before the date set to consi- der the report, the applicant/appellant may file with the clerk written exceptions to any part thereof and may attach thereto a proposed decision together with written argument in support of such decision. By leave of the council, the applicant/appellant may present oral argument to the council. Sec. 3-10. Action by council upon consideraton of hearing officer's report. The council may adopt or reject the proposed decision in its entirety, or may modify the proposed decision. If the council does not adopt the hearing officer's pro- posed decision, it may: (1) refer the matter to the same or another hearing officer for a completely new hearing or for the taking of additional evidence on specific points, in either of which cases the hearing officer shall proceed as provided in sections 3-4 through 3-7, or (2) decide the case upon a review of the entire record before the hearing officer, with or without taking additional evidence. Sec. 3-11. Hearings to which this chapter shall not apply. The provisions of this chapter shall not apply to: ~ (1) Hearings under chapter 38 (vehicles for hire) which contains its own hearing officer procedure. (2) Hearings to consider the master plan or the general plan. (3) Hearings to determine whether public convenience and necessity require acquisition of property for public use. (4) Hearings to consider parcel maps. (5) Hearings to review or consider on appeal any action of the planning commission or zoning administrator. Sec. 3-12. Applicability of this chapter to hearings before bodies other than the city council. Hearings before boards and commissions other than the city council are not required to be conducte~ in accordance with the provisions of this chapter. However, any board or cu~u~Lission may, with respect to any individual application or appeal sub- mitted to it, by simple motion elect to proceed by use of the hearing officer procedure established herein. When such elec- tion has been made, the board or commission shall act in the manner prescribed for the city council and the secretary of the board or commission shall act in the manner prescribed for the clerk of the council. SECTION 2: Sec. 16-59 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 16-59. Same - Correction of error. (a) Any assessment erroneously made may be cancelled or reduced so as to correct any error, and the tax paid on account thereof, not including any penalties or interest, may be refunded to the person who paid the same, in accordance with the following procedure: (1) A claim of error may be filed with the clerk of the council at any time before the expiration of one year following April 10th of the tax year in which such assessment appears or would first appear on the tax ~11 for the affected property. Such claim shall be in writing, in such form and detail as shall be required by the clerk of the council, and shall be verified. (2) Any claim filed shall be forwarded to the designated officer for review and report to the city finance direc- tor. If the designated officer shall determine that such assessment was erroneously made, in whole or in part, the city finance director shall request the county board of supervisors to direct the county auditor-con- troller to correct the tax rolls as to the affected property by removing or reducing the erroneous assess- ment, and the direction of the city finance director shall be authority for the auditor-controller so to correct the tax rolls. If such assessment shall have been paid, the part determined to be erroneously levied shall be refunded to the person who paid the same, by the city finance director. In lieu of proof otherwise, the city finance director may presume that the person to whom the abatement cost was assessed were the persons who paid the same; (3) Any claimant whose claim is not favorably acted upon in whole or in part within sixty (60) days after the filing of the same, or whose claim is denied, in whole or in part in writing, by the city finance director, may, within ten (10) days after such denial or after the expiration of such period, appeal such denial or failure to act favorably to the city council pursuant ~ Chapter 3 of the Santa Ana Municipal Code. (4) If the city council shall find the disputed assessment ~ be erroneous in whole or in part it may direct the city finance director to correct the assessment accord- ingly, to cause the tax rolls to be corrected, and to make a refund of any portion of the assessment paid, all in the manner as hereinabove provided for such corrections and refunds; 4 (5) Not later than thirty (30) days after the correction of any assessment or refund of any monies hereinunder, except by direction of the city council, the city finance director shall transmit to the city council a report of such action, together with the report of the designated officer. (b) Whenever the tax rolls have been corrected or a refund has been made hereunder by reason of an erroneous assessment, a corrected written report of the type required by Section 16-55, relating to the work for which such erroneous assessment was levied, may be prepared by the officer who prepared the original report. Such report shall show the cost of abatement in front of or on the parcel or lot where the work has been done and shall state that it is proposed to assess such cost against such lot or parcel A copy of such corrected report shall be mailed to the owner of said lot or parcel as shown upon the current assessment roll. In all other respects, Sections 16-56 through 16-58 shall apply to such corrected assessments, except that the time for doing all things therein specified shall relate from the date of confirma- tion of the corrected assessment. SECTION 3: Section 21-57 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 21-57. Appeal. Any person aggrieved by a decision of-the director of finance with respect to the issuance or refusal to issue a business license may appeal to the city council pursuant to Chapter 3 of the Santa Ana Municipal Code. SECTION 4: Section 22-7 of the Santa Ana Municipal Code is hereby amended to read: Sec. 22-7. Action on permit application; review of action; transfers restricted. (a) Any applicant for a permit pursuant to these provisions shall personally appear at the police department'of the City of Santa Ana and produce proof to the police department that the twenty-five dollar ($25.00) application fee has heretofore been paid, and thereupon said applicant shall present to the police department the application containing the aforementioned and described information. The chief of police shall have a reason- able time in which to investigate the application and the back- ground of the applicant. Based on such investigation, the chief of police, or his representative, shall render a recommendation as to the approval or denial of the permit to the city manager. (b) The department of building safety and housing, the fire department, and the Orange County Health Department shall inspect the premises proposed to be devoted to the massage establishment and shall make separate recommendations to the city manager con- cerning compliance with the foregoing provisions. (c) The city manager, after receiving the aforementioned and described recommendations, shall grant a permit to the esta- blishment if all requirements for a massage establishment des- cribed herein are met and shall issue a permit to all persons who have applied to perform massage services or to act as aides un- less it appears that any Such person has deliberately falsified the application or unless it appears that the record of such per- son reveals a conviction of a felony or a crime involving moral turpitude. 5 (d) Any person denied a permit by the city manager pursuant to these provisions may appeal to the city council pursuant to Chapter 3 of the Santa Ana Municipal Code. (e) Ail permits issued hereunder are nontransferable; pro- vided however, a change of location of a massage establishment may be permitted pursuant to the provisions herein. SECTION 5: Section 22-15 of the Santa Ana Municipal Code is hereby amended as follows: Sec. 22-15. Revocation and suspension of permit. When the city manager finds that any person holding a permit under the provisions of Chapter 22 has violated the provisions of this chapter he may revoke such permit. No such revocation shall become effective until the permit holder has been notified in writing by certified mail of his right to appeal the revoca- tion decision pursuant to the provisions of Chapter 3 of this code. If a timely appeal is filed, the revocation shall be effective only upon final decision of the city council. Other- wise, the revocation shall become effective after the timely appeal period has expired. SECTION 6: Section 24-6 of the Santa Aha Municipal Code is hereby amended as follows: Sec. 24-6. Same - Fee; duration Every person conducting or operating any patrol service or patrol system, or patrolling any district in the city, shall pay a permit fee to the city of twenty dollars ($20.00), payable in advance. Such permit shall be in effect as long as the permittee pays his city license fees in the amount required by the schedule of license fees, or until revoked by the council or until the per- mittee fails to comply with the terms of this chapter, or until revoked by the chief of police. SECTION 7: Section 24-7 of the Santa Ana Municipal Code is hereby amended as follows: Sec. 24-7. Same - State license may obviate necessity for; license required. No permit shall be construed to obviate the necessity for obtaining a license to conduct such business from the city, but any person holding a license from the state director of profes- sional and vocational standards to conduct such business shall not be required to furnish such bond upon furnishing satisfactory proof to the city attorney that he is the holder of such a state license, during the time he is the holder of such license from said director. SECTION 8: Section 24-15 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 24-15. Revocation or suspension of permit. When the chief of police finds that any person holding a per- mit under the provisions of Chapter 24 has violated the provisions of this chapter he may revoke such permit. No such revocation shall become effective until the permit holder has been notified in writing by certified mail of his right to appeal the revocation decision pursuant to the provisions of Chapter 3 of this code. If a timely appeal is filed, the revocation shall be effective only upon final decision of the city council. Otherwise, the revocation shall become effective after the timely appeal period has expired. SECTION 9: Section 24-16 of the Santa Ana Municipal Code is hereby repealed. SECTION 10: Section 24-17 of the Santa Ana Municipal Code is hereby repealed. 6 SECTION 11: Section 24-18 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 24-18. Appeal to council. Any person objecting to the placing of a condition on or the refusal or failure to issue any permit under the provisions of this chapter may appeal to the city council pursuant to the provisions of chapter 3. SECTION 12: Section 25-8 of the Santa Ana Municipal Code is hereby amended as follows: Sec. 25-8. Same - Appeal to council. Any person who is refused a certificate or whose certificate is revoked as provided for herein, may appeal the entire question to the city council pursuant to the provisions of Chapter 3 of this code. SECTION 13: Section 33-61 of the Santa Ana Municipal Code is hereby amended as follows: Sec. 33-61. Appeal to council. Should any person be aggrieved by any act of the director of public works under this article after notice given to the direc- tor of public works, such person may appeal to the council. Such appeal shall be conducted pursuant to the provisions of Chapter 3 of this code. SECTION 14: Section 35-134 of the Santa Ana Municipal Code is hereby amended to read: Sec. 35-134. Appeal. Any operator aggrieved by any decision of the finance direc- tor with respect to the amount of such tax, interest and penalties, if any, may appeal to the council pursuant to Chapter 3 of this code. SECTION 15: Section 36-415 of the Santa Ana Municipal Code is hereby a~ended to read: Sec. 36-415. Same - After revocation. When the finance director finds that any person holding a permit under the provisions of Chapter 36, Division 2 has violated the provisions of this division, the permittee shall i~ediately deliver the same to the director of finance upon receipt of notice of revocation by mail. Said permittee may appeal to the council pursuant to the provisions of Chapter 3 of this code. Un- less the council after hearing shall waive the revocation, no permittee shall be issued a new permit or hood within thirty (30) days of such revocation. The council at any hearing held, or if there is no hearing requested, the chief of police may extend the period during which no new permit or hood shall be issued to, but not exceeding, one hundred eighty (180) days. SECTION 16: Section 37-2 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 37-2. Public hearing by city council. When council shall receive a reco~m~endation from the director of public works, and said recommendation is placed on the agenda pursuant to the provisions of Chapter 3 of this code council may call a hearing or authorize a hearing officer pursuant to Chapter 3 of this code to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for 7 supplying electric communication, or similar or associated service. The clerk of the council shall notify by mail, all affected property owners and utilities concerned as shown on the last equalized assessment roll of the time and place of such hearing at least ten (10) days prior to the date thereof. Each such hearing shall be open to the public and may be con- tinued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. SECTION 17: Section 41-612 of the Santa Ana Municipal Code is hereby amended as follows: Sec. 41-612. Oil well regulations. No person shall erect, establish or maintain within an agri- cultural, residential or commercial district, any oil well or derrick, or the business of drilling or operating for the disco- very or production of oil, gas, hydrocarbons, or other kindred substances. No person or entity shall conduct any surface-based survey for the discovery of oil or hydrocarbons, or similar substance without receiving and holding a valid permit so to do from the director of public works. Such permit may be sought by use of the following procedures: (1) Any person or entity seeking a permit to conduct a sur- face-based survey for the discovery of oil or hydrocar- bons, or similar substances shall file an application therefor with the director of public works. Said appli- cation shall be accompanied by a fee of five dollars ($5.00). (2) The applicant, in addition to completing the application, shall answer any relevant questions concerning either himself or the proposed survey operation. (3) The director of public works shall issue the permit if he shall be satisfied that the proposed survey opera- tion will not interfere with the comfort and repose of the citizens of the community or damage property by the creation of excessive vibration, noise or other pheno- mena; or unduly interfere with vehicular traffic within the city. The per~it will be limited as to area and time of operation, and may be subject to such conditions as the director of public works feels are necessary to protect the public interests. ~4) The issuance of a permit may be subject to: The permlttee's furnishing a cash or surety bond conditioned upon his operation's being performed in conformance with the permit issued; Cb) The permittee's providing the City of Santa Ana with a certificate or public.liability and pro- perty damage insurance naming the City of Santa Ana as an additional assured for the permitted survey operation in an acceptable amount. (5) Following the issuance of a permit, if the permittee fails or refuses to comply with any of the conditions of the permit, the director of public works shall forth- with revoke the permit and declare any bond forfeited. (6) Should the director of public works deny an application for a permit or revoke a permit and forfeit any security thereunder, the aggrieved party may appeal to the city council by filing a notice of appeal with the clerk of the council. The clerk shall place the matter on the agenda of the next regularly scheduled meeting if the notice of appeal is filed at least ten (10) days prior to said meeting, and in the event it is not, it will then be placed on the agenda of the meeting thereafter. (7) When the director of public works finds that any person holding a permit under the provisions of Section 41-612 of Chapter 41 has violated the provisions of this sec- tion he may revoke such permit. No such revocation shall become effective until the permit holder has been noti- fied in writing by certified mail of his right to appeal the revocation decision pursuant to the provisions of Chapter 3 of this code. If a timely appeal is filed, the revocation shall be effective only upon final deci- sion of the city council. In the event that the decision of the Director of public works revoking the permit is sustained after timely appeal, or if no appeal is filed, the security deposit is forfeited. SECTION 18: Section 14-22 of the Santa Ana Municipal Code is hereby amended to provide as follows: Sec. 14-22. Appendix F amended. Appendix F of the Uniform Fire Code, adopted in section 14-1 of this chapter, is a_mended to read as follows: 1. Establishment and duties of bureau of fire prevention. Se The Uniform Fire Code shall be enforced by the bureau of fire prevention in the fire department of the City of Santa Ana which shall be operated un- der the supervision of the chief of the fire depart- ment. DJ The fire marshal in charge of the bureau of fire prevention shall be appointed by the chief of the fire department. The chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall reconu~end to the city manager the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and non-members of the fire department, and appointments made after examina- tion shall be for an indefinite term, with removal only for cause. 2. Definitions. Wherever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the City of Santa Ana. Wherever the term "corporation counsel" is used in the Uniform Fire Code, it shall be held to mean the city attorney of the City of Santa Ana. c. Wherever the term "chief of the bureau of fire 9 prevention" is used in the Uniform Fire Code, it shall be held to mean the fire marshal. Establishment of limits of districts in which storage of flammable or combustible liquids in outside above- ground tanks is to be prohibited. The limits referred to in Section 15.201 of the Uniform Fire Code in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited are as governed by the zoning ordi- nance of 1960 (as amended) of the City of Santa Ana. DJ The limits referred to in Section 15.601 of the Uniform Fire Code in which new bulk plants for flammable or combustible liquids are prohibited are as governed by the zoning ordinance of 1960 (as amended) of the City of Santa Ana. Establishment of limits in which bulk storage of lique- fied petroleum aases is to be restricted. The limits referred to in Section 20.105a of the Uniform Fire Code in which bulk storage of liquefied petroleum gas is restricted are as governed by the zoning ordinance of 1960 (as amended) of the City of Santa Ana. Establishment of limits of districts in which storage of explosives and blasting agents is to be prohibited. The limits referred to in Section 11.106b of the Uniform Fire Code in which storage of explosives and blasting agents is prohibited are as governed by the zoning ordinance of 1960 (as amended) of the City of Santa Ana. Appeals. Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Uniform Fire Code do not apply or that the true intent and meaning of the Uniform Fire Code have been misconstrued or wrongly interpreted, the applicant may appeal from a decision of the chief of the fire depart- ment or the chief of the bureau of fire prevention to the city council pursuant to the provisions of Chapter 3 of this code. New materials, processes or occupancies which may re- require permit. The city manager, the chief of the fire department, and the chief of the bureau of fire prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in said Uniform Fire Code. The chief of the bnreau of fire prevention shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons. Penalties. a. No person shall violate any of the provisions or 10 fail to comply with any of the requirements of this code. Any person who shall violate any of the provisions of this code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made under this code, or who shall build in violation of any detailed statement of specifications or plans submitted and approved hereunder, or any certificate or permit issued here- under, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every violation and non-compliance, respectively, be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. The imposi- tion of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reason- able time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 19: Section 5-6 of the Santa Ana Municipal Code is amended to read as follows: Sec. 5-6. Permit required for large number of fowl, etc. (a) No person shall keep more than twenty-five (25) in number of any fowl, bird, rabbit, rodent, or combination there- of within the City of Santa Ana unless a special permit shall be issued therefor by the animal control man, subject to the rules or regulations provided in this section and only on appro- val of the Orange County Health Department and the city planning department. Permits may be revoked on any grounds which would be sufficient to deny issuance. Any person aggrieved by the ac- tion of the animal control man in denying or revoking a permit may appeal to the city council as provided in Chapter 3 of this code. (b) Any person maintaining more than twenty-five (25) in number of fowl, rabbits, birds, or combination thereof shall be subject to the following rules and regulations: (1) Ail buildings, pens, runs, or other places where such animals are kept shall be located at least fifty feet (50') from any residence, the owner's excepted. (2) (3) The floors of every such building shall be smooth and tight and maintained so as to prevent accumula- tion of filth or water. The floor area of every such building where fowl are given free run shall be of sufficient area so as to allow for two and one-half (2 1/2) square feet per fowl. 11 (4) Ail dead animals, manure, refuse, feathers, and other waste matter shall be removed within a rea- sonable time, not to exceed forty-eight (48) hours, or kept in fly-tight containers until such removal. (5) If runs are provided and the formation of ground therefor is such that it cannot be kept in a clean and sanitary condition at all times as required by the state or local health department, the floor of said runs or pens shall be constructed of cement, said cement to be laid so as to prevent rodents from entering thereunder. (6) Rabbits and rodents must be kept in hutches so con- structed as not to allow the urine to pollute the ground, and provided with floors that are removable for the purpose of cleaning and disinfecting; no box hutches will be permitted. SECTION 20: Section 6-1 of the Santa Ana Municipal Code is amended to read as follows: Sec. 6-1. Permit for auction - To sell certain stock of goods; required; conditions. No person shall sell or dispose of at public auction in the city any platinum, gold, silver or plated ware, precious stones or semiprecious stones, watches or other jewelry, furniture, rugs or other household furnishing, whether the same shall be his own property or not, except at judicial sales or those made by executors or administrators of the estates of descen- dants, and except also sales made at public auction of the stock on hand of any person who, for the period of one (1) year next preceding such sale, shall have been continuously in business in the city as a retail or wholesale merchant. In the latter case, before such merchant may hold an auction, he must obtain a permit therefor, which shall be applied for and issued in the following manner; Said merchant shall, not less than fifteen (15) nor more than thirty (30) days previous to conducting such sale, make a written application therefor under oath to the city manager specifying the name and address of the applicant, the location and purpose of the sale and its expected duration and itemizing in detail the quantity, quality, and kind or grade of each item of goods and other articles to be sold, the wholesale market value thereof and the name of the auctioneer who shall conduct the sale. The application shall be investigated by the chief of police and a report made thereon by him to the city manager as to the character of the applicant and his auctioneer, the bona fide nature of the purpose of the sale and whether the place where it is proposed to carry on said sale is a proper place. The city manager must be furnished also with satisfactory evidence that the merchandise proposed to be sold is a bona fide part of the merchant's stock in trade and not secured, purchased or brought into said place of business for, or in anticipation of, said sale. In considering the application the city manager shall exercise a reasonable and sound discretion in granting or denying the permit applied for. A person aggrieved by the decision of the city manager to deny a permit may appeal to the city council as provided in Chapter 3 of this code. Such sale at public auction shall be held on successive days. Sundays and legal holidays excepted, and shall not continue for more than thirty (30) days in all from the co, muencement of the sale, and shall be permitted only where such merchant is bona fide disposing of his stock for the purpose of retiring from business. Such auction shall be conducted during the daytime between the hours of nine (9) a.m. and eight p.m. 12 SECTION 21:~'rSection 6-2 of the Santa Ana Municipal Code is amended to read as follows: Sec. 6-2. Same - To sell home furnishing by owner; condi- tions. A sale may be made at public auction of the furniture, rugs and other household furnishings of any person who has for more than one (1) year, prior to his application maintained his residence in the city. Application shall be made by such person to the city manager at least five (5) days prior to the first date upon which said auction is proposed to be held, to afford an opportunity for investigation of said person, the auctioneer and the itemized inventory by the chief of police. Said application shall be accompanied by an affidavit stating the name of the owner of the property, a complete inventory of the items to be offered for sale and their esti- mated value, the place where the sale will be held and the name of the auctioneer. If it appears therefrom that the sale is in all respects a bona fide sale of the household goods of one individual household, then a permit to hold said sale at public auction shall be granted by the city manager. No auction sale of an individual's household goods or effects, in this section referred to, shall continue for a greater period than twenty (20) days, including the first day of the auction sale. SECTION 22: Section 10-7 of the Santa Ana Municipal Code is amended to read as follows: Sec. 10-7. Assemblages, etc., on public property; special license - Required. No person shall conduct, perform, exhibit, or take part in any musical, theatrical, dramatic representation, parade, pro- cession, open air public meeting, debate, or lecture upon any public street, way, park, or any land owned by the city unless a special license for such use has first been obtained from the city manager, and then only in compliance with the terms of such special license. Said special license shall be in addi- tion to any other license or permit required by this code. Any person aggrieved by the decision of the city manager denying a license under this section may appeal to the city council under the provisions of Chapter 3 of this code. SECTION 23 Section 10-8 of the Santa Ana Municipal Code is amended to read as follows: Sec. 10-8. Same - Content; exception to license require- ments. Every special license shall be in writing and shall specify the nature of the use permitted, the exact time and place of such use, and, in the case of a parade or procession, the course over which such parade or procession may pass. The city manager may grant a continuing special license when, in his opinion, the same would be consistent with the standards set out in Section 10-10 hereof and may revoke any continuing special license at any time. No special license shall be required for funeral proces- sions. SECTION 24: Section 10-9 of the Santa Aha Municipal Code is amended to read as follows: 13 Sec. 10-9. Same - Application. Every person seeking a special license required by Section 10-7 hereof shall file with the city manager two (2) copies of a verified application giving the following information: (a) Name and address of applicant; (b) Nature of the use requested; (c) Name and address of each musician, actor, debater, lecturer, or other persons who will take part in the proposed use of public property and the part each will perform, insofar as the same is known to the applicant; (d) A statement of the number of participants, insofar as the same is known to the applicant; (e) The name and address of the sponsoring organization and of the local office or chapter, if any; (f) The exact location and extent of public property re- quested for such use; (g) The date, the hour of beginning, and the hour of end- ing of such use; (h) The statement of whether or not charity, gratuity, or offering will be solicited or accepted; and (i) If charity, gratuity, or offering will be solicited or accepted, a statement of what will be done with the proceeds, together with a percentage breakdown of its use, showing the percentage to be retained by the participants and what percentage goes to each. An application hereunder must be delivered to the city mana- ger's office not later than three (3) days prior to the date or star~ing date of the requested use of public property. Upon a showing of good cause the city manager may waive this period in whole or in part if he finds such waiver to be in the public in- terest. SECTION 25: Section 10-10 of the Santa Ana Municipal Code is amended to read as follows: Sec. 10-10. Same Standards of issuance. The city manager, in passing on any application for special license required by Section 10-7 shall consider the time, place and nature of the requested use in relation to the other proper uses of the streets, ways, parks and p~]~li¢ places and the comfort and convenience of such other proper uses together with the comfort and convenience of the proper uses of abutting pro- perty and these considerations must be the standard of city manager's action which shall be uniform, nondiscriminatory and consistent in the administration of granting or denying such special license applications. SECTION 26: Section 14-5 of the Santa Ana Municipal Code is amended to read as follows: Sec. 14-5. Article 12, "Fireworks," amended. Article 12 of the Uniform Fire Code, adopted in Part 1 of this chapter, is amended to read as follows: ARTICLE 12. FIREWORKS Section 12-101. "Dangerous Fireworks" defined. "Dangerous Fireworks" shall include all fireworks included in Section 12503, Part 2, Division 11, of the Health and Safety Code of the State of California. Section 12-102. "Safe and Sane Fireworks" defined. "Safe and Sane Fireworks" shall include any fireworks not designated as "Dangerous Fireworks", except that in all cases only end fuses may be used. Section 12.103. Dangarous fireworks prohibik~_d. 14 No person, firm or organization shall manufacture, store, display, sell, offer for sale, possess, discharge, explode, fire, or set off any dangerous fireworks within the City of Santa Ana. Section 12.104. Discharging safe and sane fireworks. No person shall discharge any fireworks except during the days that sales are permitted each year as set forth in Sec- tion 12.105 below. Section 12.105. Permit for sale of safe and sane fireworks. No person shall display, sell, or engage in the business of selling "Safe and Sane" fireworks without first having obtained a permit to do so as hereinafter provided. No person shall sell any type of fireworks at any time except from June 28 through July 5, inclusive, of any year. Section 12-106. Permits, issuance. Permits for the sale of "Safe and Sane" fireworks shall be issued only to established places of business as herein defined and to established charitable, fraternal, patriotic service, or religious organizations, which have existed continuously in the City of Santa Ana for ninety (90) days prior to the issuance of such permit. Section 12.107. Application for permit. Application for such permits shall be filed with the fire chief or his authorized representative on or before June 1 of each year. Such application shall contain the name of each person who will actually handle and sell fireworks, the loca- tion where fireworks are to be sold, the amount and type of fireworks, and proof of insurance. The fire chief or his re- presentative shall examine such application and shall issue such permit to such applicant if all of the provisions of this article have been complied with and the chief or his represen- tative determines that issuance of such permit will not be detrimental to the public safety. Section 12.108. Fee. The fee for such permit shall be forty dollars ($40.00) per year. Such permit shall expire one year after date of issu- ance. Section 12.109. Sale of safe and sane fireworks. Section 12.110. Regulations for temporary stands. Any person operating any fireworks stand shall abide by and comply with the provisions of this article and other rea- sonable conditions and restrictions which may be required by the fire chief prior to granting the permit. Section 12.111. Clean premises deposit. (a) Prior to erecting any such stand, the permittee, shall deposit the sum of one hundred dollars ($100.00), or post a bond of that amount, with the City of Santa Ana to assure the City that the permittee will remove the stand, equipment, mate- rial, and all rubbish from the premises upon which the stand is located, to the satisfaction of the fire chief, before midnight, July 11, of the year for which such permit is granted. 15 (b) If the stand, equipment, materials, and rubbish are removed within the said period of time to the satisfaction of the fire chief, the said cash or bond shall be returned to the permittee. (c) If the premises are not put in proper order, as de- termined by the fire chief, the city or its agents or employees may enter upon the property to do everything necessary to clean the premises, and said cash or bond shall be forfeited as liqui- dated damages for breach of condition subsequent to the permit. As a condition to the permittee~s acceptance of the permit, it is expressly agreed that the City or its agents shall have authority to enter upon the premises to carry out the provisions of this section. Section 12.112. Insurance. Prior to erection of such stand the perm±ttee shall pro- cure public liability and propert~ damage insurance covering its operation in and about said stand and premises in a minimum amount of one hundred thousand dollars ($100,000.00) for an in- iury to one person; three hundred thousand dollars ($300,000.00) for death or injury of more than one person; and twenty-five thousand dollars ($25,000.00) property damage; permittee shall file a certificate of such insurance with the application for permit. Section 12.113. Stand location on premises. No such stand shall be erected within one hundred feet (100') of any gasoline station or cormmercial garage nor within forty feet (40') of any structure. Minimum setback from the street curbing shall be ten feet (10'), but no such stand shall be less than six feet (6') back from the inside edge of the side- walk. Section 12.114. Fire protection in stands. There shall be maintained within each stand a 2 A rated fire extinguisher or charged garden hose. Section 12.115. Adult on duty. There shall be at least one person eighteen (18) years of age or older on duty within each stand at all times during the hours the stand is open. No children under the age of fourteen (14) years shall be permitted within the stand at any time. Section 12.116. Sleeping within the stands. No one shall be allowed to sleep within the stands at any time. Section 12.117. Vehicles parking on premises. There shall be no vehicle parking or parking of gasoline generators or any type of flammable liquid containers within twenty feet (20') of any such stand. Section 12.118. Fires on premises. No person shall light, cause or permit to be lighted any fireworks, matches, or any other material within twenty-five feet (25') of such stand. Section 12.119. No smoking on premises. No smoking shall be permitted in any structure used for storage or sale of fireworks nor within twenty-five feet (25') thereof. "No Smoking" signs shall be prominently displayed in a number prescribed by the fire department. 16 Section 12.120. Electrical Circuits. · All electrical circuits entering such stands shall be con- nected through fuses not exceeding fifteen (15) amperes. Section 12.121. Exits. Each fireworks stand shall have a minimum of two (2) exits. Exits shall be at least thirty inches (30") in clear width. All exit doors shall remain unlocked at all times when stands are occupied. Exit doors shall be openable from the inside without the use of a key or any special knowledge or effort. There shall be maintained a thirty inch (30") clear aisleway from all parts of the stand to exit doors. Section 12.122. Trash removal. Ail trash shall be removed from the premises and the fire- works stand each evening at the close of business. Section 12.123. Fireworks storage. Fireworks shall be stored onl~ in the fireworks stands. It shall be unlawful to store fireworks in any building, resi- dence, garage, home, automobile, trailer, or other vehicle with- in the City of Santa Ana, except for temporary storage of small quantities in the residence of the purchaser during the period of permitted sale as defined in Section 12.105. Section 12.124. Fireworks: Public display. Notwithstanding any other provisions of this part, the fire chief in his discretion may grant permits for public dis- plays of fireworks under his supervision. Applications for such public permits shall be filed with said fire chief not less than ten (10) days before such public display and shall be accom- panied by a detailed statement of the items of such proposed dis- play. If such permit is granted, no items shall he displayed except as are contained in such statement and the fire chief may in granting such permit eli~inate from said statement such items as he deems hazardous and no grantee of such permit shall exhibit or display such eliminated items. Such public display shall be under the supervision of the fire chief or such persons as he shall designate and authorize. The fee for such permit shall be ten dollars ($10.00) for each display. Such display shall be held at such place and time as designated in said permit and un- der no circumstances shall s~ch displays be held in Fire Zone No. 1 of the City, except such displays may be held in the bowl of the Santa Ana Municipal Stadium. The applicant for such per- mit shall comply with the provisions of the California Adminis- tration Code, Title 19 entitled "Public Safety" with respect to showing proof of compensation insurance coverage, public lia- bility insurance and shall file a bond in the sum required un- der such code. Section 12.125. Disposal of unused fireworks. Any fireworks that remain after the public display is con- cluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining. Section 12.126. Exceptions. Nothing in this article shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or the sale or use of blank catridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organi- zations. 17 Section 12.127. Seizure of fireworks. The fire chief shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, or held in violation of this article. Section 12.128. Prohibited areas. No persons shall sell, store, display, or discharge any fireworks of any type in any p~blic oil or gasoline station, or on any premises where gasoline or other inflammable liquids are stored or dispensed. No person shall sell, store, display, or discharge any fireworks of any type in any permanent struc- ture, nor within forty feet (40') of the same, except that any purchaser may discharge fireworks in conformance with these regulations within twenty-five feet (25') of his own residence. SECTION 27: Section 26-18 of the Santa Ana Municipal Code is amended to read as follows: Sec. 26-18. Same - Public hearing upon denial, suspen- sion, revocation - appeal. A person aggrieved by the denial, suspension or revocation of a permit by the chief of police under this article may appeal to the city council as provided in Chapter 3 of this code. SECTION 28: Section 26-39 of the Santa Ana Municipal Code is amended to read as follows: Sec. 26-39. Same - License revocation. Upon any complaint being filed with and verified by the chief of police or upon his own investigation, if it be found after hearing upon written notice containing charges, that any person to whom a license has been issued under Section 26-34 has violated any of the requirements of'-th~s' code or any of its subsections, or of any other law or that the said license holder, or that his agent has made ~ntrue statements or misrepresented the purpose of the solicitation, the chief of police shall with- in two days after the hearing, file in his office for public inspection and serve upon the license holder a written state- ment of the facts upon which he bases such findings and may sus- pend or revoke said license. If said chief of police shall refuse to approve an appli- cation for license as provided for in Sections 26-34 to 26-38 both inclusive, or if the license already issued shall be revoked, the person, organization, society, association, corporation, firm, or partnership, or any agent or representative thereof, affected thereby, may appeal to the city council as provided in Chapter 3 of this code. SECTION 29: Section 29-1 of the Santa Ana Municipal Code is amended to read as follows: Sec. 29-1. Permit - Required; application; granting or denying. Any person desiring to engage in any business where games of billiards or pool are conducted for profit shall first make application in writing to the chief of police. The chief of police shall have full power to grant or deny said permit and, after investigation, if it shall appear to the chief of police that said person is a proper and suitable person and the location and arrangement of the proposed place where said business is to be conducted is satisfactory, the chief of police shall grant said permit, subject to all applicable provisions of this code; otherwise, he shall deny the same. Any person aggrieved by the refusal of the chief of police to grant a permit may appeal the decision to the city council as provided in Chapter 3 of the city code. 18 SECTION 30: Section 29-2 of the Santa Ana Municipal Code is amended to read as follows: Sec. 29-2. Same - Revocation or continuing on condition- authorized. In addition to the penalties provided for violation of this code, the chief of police may revoke any permit given to carry on or conduct a business where games, of billiards or pool are conducted for profit for any violation of the provisions of this chapter, or for repeated violations of law in said place of busi- ness. Before such revocation the pe~mittee shall be given no- tice and may appeal to the city council as provided in Chapter 3 of this code. If the council determines, after such hearing, that the permittee has wilfully violated the terms of this chap- ter, or has so conducted his business as to have repeated fights, disturbances, batteries, or other violations of law occurring in his place of business, the permit shall be revoked or may be continued upon such conditions as the council may impose. SECTION 31: Section 29-3 of the Santa Ana Municipal Code is amended to read as follows: Sec. 29-3. Same - Same - notice; hearing. If the chief of police determines that a permit should be revoked, he shall notify in writing the holder of such permit or his manager or agent, stating in the notice, the ground of complaint against said holder and informing him of his right to appeal under Chapter 3 of the Santa Ana Municipal Code. Service of such notice shall be upon the holder, or his agent by delivering the same to s~ch person or to his manager or agent, or by leaving such notice at the place of business or residence of such holder with some adult person. If the holder of such permit cannot be found and served as herein provided, a copy of said notice shall be mailed, postage paid, addressed to the holder at such place of business. SECTION 32: Section 29-4 of the Santa Ana Municipal Code is amended to read as follows: Sec. 29-4. Right to control. The chief of police, in granting a permit or license for the carrying on of said business, reserves the right at all times to determine where said games may or shall be carried on, including the character and nature of the building, its surroundings, arrangement, construction, accessibility, and suitability for the purpose of conducting said business. The character, reputa- tion and reliability of the person conducting such business and of his employees shall be considered. SECTION 33: Section 5-68 of the Santa Ana Municipal Code is amended to read as follows: Sec. 5-68. Denial of reinstatement; hearing. A permittee whose permit has been denied reinstatement may appeal to the city council as provided in Chapter 3 of this code. SECTION 34: Section 8-1765 of the Santa Ana Municipal Code is amended to read as follows: Sec. 8-1765. Appeal. If any person is dissatisfied w~th the determination made by the director of building safety, he may appeal the same to the city council as provided in Chapter 3 of this code. 19 SECTION 35: Section 8-1799 of the Santa Ana Municipal Code is amended to read as follows: Sec. 8-1799. Same - Appeal. If a house mover believes that the estimate or statement furnished by any utility or municipality for protecting its property on the streets is excessive, he may appeal to the city council as provided in Chapter 3 of this code. The council shall hear such matters and deteTm±ne whether said estimate or statement is excessive, and'in case it finds it so to be the council shall fix such sum as it deems adequate for said house mover to deposit, and the stun so fixed-by the council shall be deducted by the street s~perintendent f~,-the money deposited by the applicant in lieu of the estimate or statement and paid to the claimant. SECTION 36: Section 11-4 of the Santa Ana Municipal Code is amended to read as follows: Sec. 11-4. Same - Revocation of or placing condition on. In the event any person holding a permit under this chapter shall violate any provision of this chapter, or shall permit or allow any illegal, improper or disorderly conduct in said danc- ing place, the chief of police may revoke or condition such permit by giving written notice of the revocation or condition to the holder of such permit sevent~-two (72) hours before the effective hour of the revocation or condition. The chief of police may, ~when violations of law in the neighborhood exceed the average for like areas in the city, Give notice of revocation or placing a condition thereon in the original granting of the permit or to avoid revocation of an existing permit. The condition~ may require the management to employ one or more special officers, to be approved by the chief of police, to keep the peace and enforce all statutes and ordinances during all times dancing is allowed. Any permit holder aggrieved by the decision of the chief of police to revoke or condition said permit may appeal to the city council as provided in Chapter 3 of the Santa Ana Muni- cipal Code, except that the written notice of appeal must be filed with the clerk of the council and the chief of police within seventy-two C72) hours of service of the written notice of the chief of police's decision. SECTION 37: Section 11-6 of the Santa Ana Municipal Code is hereby repealed. SECTION 38: Section 12-30 of the Santa Ana Municipal Code is amended to read as follows: Sec. 12-30. Hearing upon denial of permit, renewal, sus- pension or revocation. Any person aggrieved by the decision of the city manager to deny issuance or renewal of a permit or to suspend or revoke a permit may appeal to the city council as provided in Chapter 3 of this code, in which case the action of the city manager shall be suspended until the city council has made its decision. 20 SECTION 39: Section 12-31 of the Santa Ana Municipal Code is hereby repealed. SECTION 40: Section 16-50 of the Santa Ana Municipal Code shall be amended to read as follows: Sec. 16-50. Same - Form The headings of the notices shall be either "NOTICE TO DESTROY WEEDS" or "NOTICE TO REMOVE RUBBISH AND GARBAGE" in letters not less than one inch (1") in height. Said notices shall be in substantially the following forms: "NOTICE TO _DESTROY WEEDS Notice is hereby given that, pursuant to Article III of Chapter 16, of the Santa Ana Municipal Code providing for the elimination of noxious growths such as weeds, vines, brush or shrubs growing upon or accumulated upon or in front of this property, and obstructing the use of side- walks, parkways or streets, or dangerous or injurious to neighboring property of the health and welfare of residents of the vicinity, you are notified that such conditions ex- ist upon this property in violation of law. In the event these conditions are not abated by you within ten (10) days from the date hereon, the city may abate said illegal condi- tions and the owner of such place or premises, or the per- son having control or possession thereof, shall be liable to the City of Santa Ana, for the cost of such abatement, which may be recovered in a civil action." "NOTICE TO REMOVE RUBBISH AND GARBAGE Notice is hereby given that, pursuant to Article III of Chapter 16, of the Santa Ana Municipal Code providing for the removal of rubbish and garbage 'existing upon or in front of this property, and obstructing the use of sidewalks, parkways or streets, or dangerous or injurious to neighboring property or the health and welfare of resi- dents of the vicinity, you are notified that such condi- tions exist upon this property in violation of law. In the event these conditions are not abated by you within ten (10) days from the date hereon, the city may abate said illegal conditions and the owner of such place or premises, or the person having control or possession there- of, shall be liable to the City of Santa Ana for the cost of such abatement, which may be recovered in a civil action." If written notice is to be given in addition to the above notice, a description of the conditions and the following infor- mation is to be included in said notice: a description of the property, by tax description, street address, lot number, parcel number, or other description sufficient to identify the premises; such additional, mailed notice shall also state in substance the following: "Said conditions shall subject the owners, managers or persons having charge, control or occupancy thereof to pro- secution and to a possible fine and imprisonment. In addi- tion, such conditions constitute a public nuisance which must be abated by (the removal thereof) or (the cutting of oversize growths). Otherwise, such conditions will be cor- rected and the nuisance abated by the city and the cost of removal assessed upon the land from or in front of which the same are removed or trimmed and will constitute a lien against such land until paid. Reference is hereby made to Article 3 of Chapter 16, of the Santa Ana Municipal Code 21 above referred to for further particulars. A copy of said code is on file in the office of the Clerk of the Council, City Hall, Santa Ana, California. All property owners having any objections to the proposed removal of said-(n~xious growths or weeds) (rubbish and garbage), as aforesaid, are hereby noti- fied to file a written statement of such objections, specifying the address or description of the property concerned, the reasons lot objections, and the name, address, phone number (if any), and status (owner, manager, lessee, tenant, or other) of the objector, which statement shall be filed with the clerk of the council not later than ten [10) days after the date of this notice." Any city council hearing requested by a property owner shall be conducted in accordance with Chapter 3 of this code. SECTION 415: Section 16-51 of the Santa Ana Municipal Code is hereby repealed. SECTION 42: Section 16-52 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 16-52. Abatement order - from council. At the conclusion of said hearing, the council may order the designated officer to abate said nuisance by entering upon private property to abate and remove the same. SECTION 43: Section 16-54 of the Santa Ana Municipal Code is h~reby amended to read as follows: Sec. 16-54. Abatement action by city. The fire chief, or his designated officer~, or an official designated by the city manager, may enter upon any private property and abate any nuisance found thereon, or in front there- of, provided ten (10) days notice to abate such nuisance shall have been posted or mailed as required by this article, the time allowed by said notice shall have expired, and no person shall have filed a written statement of objections as herein provided within ten (10) days after posting or mailing; in the event objections shall have been duly filed, and overruled by the city council, such designated officer may enter upon any such private property and, in accordance with the order of the city, abate the nuisance found thereon, or in front thereof. SECTION 44: Section 16-55 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 16-55. Record and report of cost of abatement. Said designated officer shall keep a separate account of the cost of abatement in front of or on each individual lot or parcel of land where the work is done by him. He shall submit to the city manager for confirmation an itemized written report showing such cost. A copy of the report shall be posted for at least three (3) days prior to its submission to the city council on or near the council chamber door with a notice of the time of submission. At the time fixed for receiving and considering the report, the city council may hear the matter or ~efer it to a hearing officer under the provisions of Chapter 3 of the Santa Ana Municipal Code. 22 SECTION 45: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordi- nance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irres- pective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconsti- tutional. SECTION 46: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordi- nances relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or case de- posit in lieu thereof, required to be posted, filed or depo- sited pursuant to any ordinance, and all rights and obliga- tions thereunder appertaining shall continue in full force and effect. SECTION 47: The Clerk of the Council shall certify to the passage of this 'ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. SECTION 48: This Ordinance shall take effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its adjourned regular meeting held on the 9th day of December , 1974. ATTEST: CLERK OF THE COUNCIL 23 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- going Ordinance was introduced to said Council at its regular meeting held on the 18th day of November , 1974, and was again considered by said Council at its adjourned regular meeting held on the 9th day of December , 1974, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Griset, Yamamoto, Patterson NOES, COUNCILM~N: None Markel, Garthe ABSENT, COUNCILMEN: Evans, Ward CLERK OF THE COUNCIL APPRO~-ED AS TO FORM: ~4