HomeMy WebLinkAboutNS-1774 - Amending Section of the Santa Ana Municipal Code, Repealing and Adding Section to Provide for Enforcement by Santa Ana Fire Department ...P-~L: adg
3/19/85
ORDINANCE NO. NS- 1774
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 1-18 OF THE SANTA ANA
MUNICIPAL CODE, REPEALING SECTION 14-47,
AND ADDING SECTION 18-1, TO PROVIDE FOR
ENFORCEMENT BY THE SANTA ANA FIRE
DEPARTMENT OF THE STATE LAW PROVISIONS
REGULATING UNDERGROUND STORAGE OF
HAZARDOUS MATERIALS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That Section 1-18 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Sec. 1-18. Fire department authority to issue citations.
Fire Department personnel have the duty to enforce the
following provisions:
(1)
but not
adopted
The provisions of Chapter 14 of this Code, including,
limited to the provisions of the Uniform Fire Code as
and amended by Article I of said chapter; and
(2) The provisions of Division 11 (commencing with Section
12000) and Division 12 (commencing with Section 13000) of the
Health and Safety Code of the State of California and the reg-
ulations adopted by the State Fire Marshal pursuant to said
divisions; and
(3) The provisions of Chapter 6.7
25280) of Division 20 of the Health and
of California and Section 24800 of said
as it pertains to said Chapter 6.7;
(commencing with Section
Safety Code of the State
Health and Safety Code
and are authorized to arrest persons without a warrant whenever
they have reasonable cause to believe that the person to be
arrested has committed a violation of said provisions in their
presence. In any case in which a person is arrested pursuant
to this section and the person arrested does not demand to be
taken before a magistrate, said officer or employee making the
arrest shall prepare a written notice to appear and release the
person on his or her promise to appear as prescribed by Chapter
5C Title III of Part 2 of the Penal Code of the State California
(commencing with Section 853.6).
ORDINANCE NO. NS- 1774
PAGE TWO
SECTION 2: That Section 14-47 of the Santa Ana Municipal
Code is hereby repealed.
SECTION 3: That the Santa Ana Municipal Code
amended by adding a Section, to be numbered 18-1,
section reads as follows:
is hereby
which said
Sec. 18-1. Underground storage of hazardous materials.
Pursuant to Section 25283 of the Health and Safety Code of
the State of California, the City of Santa Ana assumes responsi-
bility for the implementation of Chapter 6.7 (commencing with
Section 25280) of Division 20 of the said Health and Safety Code
and designates the Santa Ana Fire Department as the local agency
responsible for administering and enforcing said Chapter. The
Fire Chief is authorized to establish rules and regulations as
necessary or convenient for such administration and enforcement.
SECTION 4: In adopting this Ordinance, it is the intent of
the City Council of the City of Santa Ana to terminate any
exemption from the provisions of Chapter 6.7 (commencing with
Section 25280) of Division 20 of the Health and Safety Code of
the State of California which the City of Santa Ana may have
obtained pursuant to Section 25299.1(a) of said Health and
Safety Code.
SECTION 5: Each person who submits an application for a
permit to operate an underground storage tank or to renew or
amend such a permit shall pay a fee consisting of a city fee
and a State surcharge determined as follows:
(a) Until otherwise established by resolution of the
city council, the city fee shall be as follows:
1. Original Application/Plan Check -
Tank Inspection
Flammable Liquid - 1-3 tanks $75.00
Each additional tank 25.00
Hazardous Chemicals, per tank 75.00
ORDINANCE NO. NS-1774
PAGE THREE
2. Tank Removal
1 to 3 tanks $25.00
Each additional tank 10.00
Field Inspection - first 3 hours 50.00
Each additional hour or 25.00
fraction thereof
Annual Permit/I~spection
Flammable Liquids 1-3 tanks 45.00
Each additional tank 15.00
Hazardous Chemicals - 75.00
first tank
Each additional tank 25.00
Inspection(s) Resulting from
leaks or Unauthorized Discharge.
First 3 hours
Each additional hour or
fraction thereof
50.00
25.00
(b) The State surcharge shall be equal to the amount
determined annually by the State Legislature pursuant to Section
25287(b) of the Health and Safety Code of the State of California.
SECTION 6: 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 or
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. 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 irrespective of the
fact that any one or more sections, subsections, sentences
clauses, phrases, or portions be declared invalid or uncon-
stitutional.
ORDINANCE NO. NS- 1774
PAGE FOUR
SECTION 7: 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 9f the provisions of such ordinance relating
to the collection of any such license or penalty or the penal
provision applicable to any cash deposit in lieu thereof, re-
quired to be posted, filed or deposit pursuant to any ordinance
and all rights and obligations thereunder appertaining shall
continue in full force and effect.
ATTEST:
ADOPTED this
20th day of May , 1985
Daniel E. Griset
Mayor
Janic% C. Guy
Clerk of the Council
COUN CI LMEMBE RS:
Griset Aye
Acosta Aye
Hart Aye
Johnson Aye
Luxembourger ~
McGuigan. Aye
Young ~
APPROVED AS TO FORM:
City At torT~