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HomeMy WebLinkAboutNS-1838 - Of the Santa Ana Municipal Code and Adding to Allow the City to Prepare Property for the Reception ...REL:jd 1/21/86 (26) ORDINANCE NO. NS-]838 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 37-10 OF THE SANTA ANA MUNICIPAL CODE AND'ADDING SECTION 37-10.5 THERETO, TO ALLOW THE CITY TO PREPARE PROPERTY FOR THE RECEPTION OF UNDERGROUND UTILITY LINES UPON THE FAILURE OF THE PROPERTY OWNER TO DO SO, AND TO ASSESS THE COST THEREOF AGAINST THE PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 37-10 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 37-10. Responsibility of property owners. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in section 37-9 and the termination facility on or within said building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 37-10.5, which said section reads as follows: Sec. 37-10.5 Remedies of the City on failure of property owner to act. (a) In the event a person owning, operating, leasing, occupying or renting property within a district does not comply with the provisions of Section 37-10, the Executive Director of the Public Services Agency shall give notice in writing to the person in possession of such premises and a notice in writing to the owner thereof, as shown on the last equalized assessment roll, to provide the required underground facilities within thirty days after receipt of such notice. The notice to provide the required underground facilities may be given ORDINANCE NO. NS-~838 Page two either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the Executiive Director of the Public Services Agency works shall, within forty-eight hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises. The notice given by the Executive Director of the Public Services Agency to provide the required under- ground facilities shall particularly specify what work is required to be done and shall state that if the work is not completed within thirty days after receipt of such notice, the city will provide such required under- ground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property. (b) If, upon the expiration of the thirty-day period, the required underground facilities have not been provided, the Executive Director of the Public Services Agency shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the Executive Director of the Public Services Agency shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and supplying utility service to the property. (c) Upon the completion of the work, the Exec- utive Director of the Public Services Agency shall file a written report with the city council setting forth the fact that the required underground facil- ities have been provided and the cost thereof, to- gether with a legal description of the property against which such cost is to be assessed. The council shall thereupon fix a time and place for ORDINANCE NO. NS- 1838 Page three hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten days thereafter. The Executive Director of the Public Ser- vices Agency shall, after the time for hearing such protests has been fixed, give written notice to the person in possession of such premises, and to the owner thereof, in the manner provided in this section for giving of notice to provide underground facili- ties of the time and place that the council will pass upon such report and will hear protests against such assessment. The notice shall also set forth the amount of the proposed assessment. Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests, if any, and then affirm, modify or reject the assessment. (d) If any assessment is not paid within five days after its confirmation by the council, then pursuant to Section 38793 of the Government Code of the State of California, the amount of the assessment shall become a lien upon the property against which the assessment is made, and the Executive Director of the Public Services Agency shall turn over to the assessor and tax collector a notice of lien on each of the properties on which the assessment has not been paid, and the assessor and tax collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment may be collected at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such assessment. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the dcision of any court or competent jurisdiction, such decision shall not affect the validity of the re- maining 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, ORDINANCE NO. NS- 1838 Page four subsections, sentences, clauses, invalid or unconstitutional. phrases, or portions be declared SECTION 4: 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 ordinance relating to the collection of any such license or penalty or the penal provision applicable to any cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 3rd day of March , 1986. Daniel E. Griset, Mayor ATTEST: ~ca~ice C. Gu!F,/ lerk of the C6unell/ COUNCILMEMBERS: Griset Aye Johnson Aye Acosta Aye Hart Aye Luxembourger Aye McGuigan Aye Young Aye APPROVED AS TO FORM: E ~w~r ~[~J~ Co~pe r, City A t t ~'h-~ y