HomeMy WebLinkAboutNS-2126 - Amending Section 41-192 of Santa Ana Municipal Code Prohibiting Overcrowding of Residential Dwellings...
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ORDINANCE NO. NS-2126
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTION 41-192 OF THE
SANTA ANA MUNICIPAL CODE PROHIBITING
OVERCROWDING OF RESIDENTIAL DWELLINGS, AND
REPEALING SECTION 41-59 OF THE SANTA ANA
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That Section 41-192 of the Santa Ana
Municipal Code is hereby amended to read as follows:
Sec. 41-192. Residential Overcrowding
(a) Purpose.
The City council of the city
of Santa Ana finds and determines that the
overcrowding of residential dwellings
increases noise pollution, traffic congestion
in the neighborhood; overburdens the waste and
sewage disposal system creating unsanitary
conditions; causes a financial burden on the
school systems and other public use
facilities; and leads to the dilapidation of
the housing stock and the general
deterioration of the neighborhood.
It is declared to be the purpose and
intent of this section to protect the public
health, safety and welfare of the community,
to maintain the integrity of the city's
residential areas, to improve the quality of
life for its residents, to prevent the
deterioration of neighborhoods, to promote the
stability of property values and to impose
restrictions upon those activities that would
detract from the neighborhood and adversely
affect the quality of life and residents.
(b) Definitions.
For the purposes of this section, the following
definitions shall apply:
Dwellinq unit shall mean any house, condo-
minium or apartment or any portion of a
building, structure or portion thereof that is
designated for use as a living facility for
349
ORDINANCE NO. NS- 2126
Page two
one person or by two or more persons living
together as a single housekeeping unit.
Net floor space shall mean the total
number of square feet of floor space in a
dwelling unit based upon that dwelling unit's
interior dimensions excludinq stairwells,
halls, closets, bathrooms and kitchens.
(c) Overcrowdinq Prohibited
No dwelling unit shall be inhabited
allowed to be inhabited in such a manner
it exceeds the maximum occupancy of
dwelling unit.
or
that
the
Maximum Occupancy shall be determined as follows:
For the first two (2) occupants, of any
dwelling unit, there shall be at least one
hundred fifty (150) square feet of net floor
space. There shall be at least one hundred
(100) square feet of net floor space for every
additional occupant thereafter.
SECTION 2: That section 41-59 of the Santa Ana Municipal
Code is hereby repealed.
SECTION 3: Any dwelling unit which is not in compliance
with Santa Ana Municipal Code section 41-192 as amended by this
ordinance as of the effective date of this ordinance shall be
brought into compliance not later than 60 days after said effective
date. Any dwelling unit which is not brought into compliance with
said section within such time period shall thereafter be an illegal
use of property. It is the intent of the city council of the City
of Santa Ana that the use of any dwelling unit in noncompliance
with said section shall not have any status as a legal
nonconforming use or legal nonconforming building.
SECTION 4: 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 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 anyone or
more sections, subsections, sentences, clauses, phrases or portions
be declared invalid or unconstitutional.
351
ORDINANCE NO. NS- 2126
Page three
SECTION 5: 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
11th
day of
M~y
, 1991.
~~o<
AT'rEST:
)T~
ICE C. GUY
Clerk of the counc'
Young Aye
Pulido Ay"
Acosta Ay"
Griset Ay"
McGuigan AYI:
Norton Aye
Richardson Aye
APPROVED AS TO FORM:
eW~
City Attorney
COUNCILMEMBERS:
"__~d_'" --.....-
353
CERTIFICATE OF ORIGINALITY & PUBLICATION
state of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Ordinance NS - ~/;) fa
to be the original ordinance
adopted by the city Council of the City of Santa Ana on
5'- '" ~"f'1
; and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
6"-15'-9/
the council, Date
City of Santa Ana