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HomeMy WebLinkAboutNS-2129 - Adding Article XII to Chapter 18 of Santa Ana Municipal Code and Repealing Article V of Chapter 39... ~ .369 REL: 5/22/91 ORDINANCE NO. NS-2129 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE XII TO CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE AND REPEALING ARTICLE V OF CHAPTER 39, TO REVISE AND RELOCATE THOSE PROVISIONS OF THE CODE PERTAINING TO THE SANITATION SERVICES USERS CHARGE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That chapter 18 of the Santa Ana Municipal Code is hereby amended by adding an article, to be numbered XII, thereto, which said article consists of sections numbered 18-600 through 18- 603 and reads as follows: ARTICLE XII. SANITATION SERVICES USERS CHARGE. Sec. 18-600. purpose. The purpose of this article is to provide a charge for street sweeping and other environmental sanitation services provided by the city, and it is not intended either as a general revenue measure or as a regulation. Sec. 18-601. Establishment of service charge. The city shall make a monthly charge to each residential, commercial, industrial, manufacturing or other unit which is located within the city for street cleaning services and other environmental sanitation services. Such charge shall be in such amount as set by resolution of the city council. Sec. 18-602. Persons obligated. The customer of record or occupant of each place or premises shall be liable for payment of all charges as set forth in this article. Should the customer of record or occupant of any place or premises fail to pay all such charges before such sum becomes delinquent, as provided in section 39-23 of this code, then in either of such events the property owner of record of such place or premises shall be liable for the payment of all such charges. 1 ORDINANCE NS-2129 PAGE 2 371 Sec. 18-603. payment of bills and penalties. (a) Date payment due. Bills for the charges made pursuant to this article, and penalties, if any, are due and payable at the department of finance in the city hall on the date of billing and become delinquent fifteen (15) days after the date of such billing, (b) Penalties. A penalty of ten (10) per cent shall be assessed on all unpaid bills thirty (30) days after the billing date. No penalty, however, will accrue until thirty (30) days after the date that the bill has been deposited with the united states Postal service, properly addressed with prepaid postage affixed thereto. SECTION 2: That Article V of Chapter 39 of the Santa Ana Municipal Code, and sections 39-80 through 39-83 within it, are hereby repealed. 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 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. 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 violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and 2 I I -~ ORDINANCE NS-2129 PAGE .i iVl3 obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 17th day of June 1992-. ATTEST: M-1 <h~ Danier H. You g , Mayor ~.- ~.;1a n1ce c. Guy Clerk of the Cou il COUNCILMEMBERS: Young Pulido Acosta Griset McGuigan Norton Richardson Ave Ave Ave Aye Aye Ave Ave APPROVED AS TO FORM: ~~ Edward J. oop r city Attorney 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-2129 to be the original ordinance adopted by the City Council of the city of Santa Ana on June 17, 1991 ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. ffr" Yo1z cleri of the Coun l, City of Santa Ana 16 (7' ( Date ! I