HomeMy WebLinkAboutNS-1893 - Amending of the Uniform Housing Code, 1982 Edition to Provide for the Regulation of Substandard Buildings and Declaring the Reasons for the Urgency ThereofORDIlqANCE NO. NS-1893
AN ~RG~I~CY ORDINANCE OF THE CITY OF SANTA ANA
ADDING SECTIONS 8-1163 AND 8-1170 /%~ENDING
SECTION 1001 AND SECTION 204 OF THE UNIFORM
H(N3SING CODE, 1982 ~DITICI~ TO PBOVIDE FOR THE
P~TION OF SUBSTANDARD BUILDINGS AND
DECLARING THE REASONS FOR THE UB~w~CY THEREOF.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN ~ FOLLOWS:
SECTI(kN 1: That the Santa Aha Municipal Code is hereby amended by m~t~ing a
section, to be n,~bered 8-1163, which said section reads as follows:
Section 8-1163. Violations (Section 204).
Section 204 of the Uniform Housing Code is amended to read as follows:
Section 204. It shall be unlawful for any
person, firm or corporation, whether as owner,
tenant, or subtenant, or as the agent of any of
the foregoing, to erect, construct, enlarge,
equip, use, occupy or maintain any substandard
building or any other building or structure
which is in violation of this code, or to cause
or permit the same to be dome.
SECTIC~ 2: ql~at the Santa Ana Municipal Code is hereby amended by adding a
section, to be numbered 8-1170, which said section reads as follows:
Section 8-1170. Substandard Buildings (Section 1001).
Section 1001 of the Uniform Housing Code is amended to read as follows:
Section 1001. "Substandard Building" shall
mean that term as defined in Section 17920.3
of the Health and Safety Code of the State of
California, as the same now exists and as it
may hereafter be amended.
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
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 unconstitutional.
SECTIC~ 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 ordir~nce relating to
the collection of any such license or penalty of the penal provision applicable to
ORDINANCE NO. NS-1893
PAGE ~NO
any cash deposit in lieu thereof, required to be posted, filed or deposit pursuant
to any ordinance and all rights and obligations thereunder appertaining shall
continue in full force and effect.
S~CTIC~ 5: This ordinance is urgently needed for the preservation of the
public peace, health and safety for the following reasons:
(1) In People vs. Delbert Scott the Appellate Department of the
Superior Court of Orange County reversed the oonviction of Mr. Delbert Scott. Mr.
Scott had been convicted of maintaining a substandard building in violation of
Uniform Housing Code Section 204 which makes it a violatio~ to maintain a
substandard building as defined in Section 1001 of the Uniform Housing Code. Mr.
Scott's convictic~ was reversed because the Court held the City of Santa Ana was
required to follow the definition of substandard buildings contained in Section
12920.3 of the Health and Safety (]ode, rather than the definition set forth in the
Uniform Housing Code.
(2) The substandard building provision is the primary enforcement
provision used by the City of Santa Ana to protect the public health and safety
from the effects of deteriorated and dilapidated housing in Santa Ana.
(3) Unless this ordinance is adopted as an urgency measure effective
immediately, the City will be unable to protect the public health end safety
because substandard buildings will be continued to remain in existence.
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ORDINANCE NO. 1893
PAGE ~IgREE
SECTION 6: ~is ordinance shall take effect as an e~ergency measure pursuant
to Section 415 of the Charter of the City of Santa Aha and shall take effect
immediately upon its approval by two-thirds (2/3) vote of the City Council.
~l'l']i.2T:
ADOF,~u this 16 th day of
March , 1987.
Acosta Aye
Griset Aye
Hart Aye
May Aye
McGuigan Aye
Pulido A~;e
Young Aye