The URL can be used to link to this page

Home My WebLink AboutNS-2212 - Amending Sections of Santa Ana Municipal Code to Revise Regulations Pertaining to Maintenance of Residential Property001 ORDINANCE NO. NS-2212 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 8-1950, 8-1950.5, 8- 1951, 1-18.1, AND 16-34 OF THE SANTA ANA MUNICIPAL CODE TO REVISE REGULATIONS PERTAINING TO THE MAINTENANCE OF RESI- DENTIAL PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the title of Article X of Chapter 8 of the Santa Ana Municipal Code is hereby amended to read as follows: ARTICLE X. PROPERTY MAINTENANCE SECTION 2: That section 8-1950 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-1950. Purpose The purpose of this article is to promote the health, safety and welfare of the residents of the City of Santa Ana, and to protect the city's neighborhoods against blighting and deteriorat- ing influences or conditions that contribute to the downgrading of neighborhood aesthetics and property values by establishing minimum standards, in addition to standards contained in other laws, rules and regulations, for the maintenance of all residential building exteriors, premises and vacant land. SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 8-1950.5, which said section reads as follows: sec. 8-1950.5. Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern, the construction, meaning, and application of words and phrases used in this article: (a) Building means a building, or portion thereof, which is designed, built, rented, or leased for shelter or support. (b) Premises means a lot or parcel of land either vacant or I ORDINANCE NS-2212 Page 2 003 upon which a building is situated, including any portion thereof, improved or unimproved, and adjacent streets, sidewalks, parkways and parking areas. SECTION 4: That section 8-1951 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-1951. Maintenance of buildings and premises. It shall be unlawful for any person, corporation, or agent of same, owning, leasing or having any possessory interest in any residential building, unit, or premises, or any accessory struc- tures on the premises, to maintain such building, unit, or premises in such a manner that any of the following conditions exist thereon: (a) Clotheslines or similar clothes drying devices and clothing or household fabrics hung, dried, or aired in any location which is visible from a public street. (b) Any driveway, private sidewalk, or similar hard surfacing intended for pedestrian traffic which is debilitated, broken, damaged, or uneven to such a degree as to pose a hazard to pedestrians. (c) Any wall, fence, or hedge maintained in such condition or deterioration or disrepair as to constitute a hazard to persons; leaning fences; fences or walls with missing or damaged slats or blocks; fence materials which are warping, splitting or buckling; aged coatings which are unsightly due to chipping or peeling; or walls or fences repaired with materials dissimilar from the original. (d) Patios and balconies utilized for the storage of house- hold items, except furniture designed for outdoor use, barbecues, and plants including plant racks and stands. SECTION 5: That section 1-18.1 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 1-18.1. Planning and building agency authority to issue citations. The executive director of the planning and building agency, the planning manager, the building safety manager, community preservation inspectors, code enforcement inspectors, senior building inspectors, and building inspectors have the duty to enforce the following provisions of this Code: Chapter 8, sections 10-2, 10-8, 10-16, 10-19, 10-26, 10-64, 10-70, 10-71, 10-89, 10-97, 10-98, 10-100, 10-140, 10-141, 10-142, 10-143, 10-150, 10-151, 0 0 ORDINANCE NS-2212 Page3 005, 10-177, 10-197, 10-203, 10-209, 10-221 through 10-238; sections 16-1, 16-2, 16-3, 164, 16-6, 16-34, 16-35, 16-46 through 16-60; Chapter 17; sections 18-17, 18-39, 18-40, 18-352, 18-400 through 18-420; Chapter 21; Chapter 26; and Chapter 41. The above-listed officers and employees 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, Part 2 of the Penal Code of the State of California commencing with Section 853.5). SECTION 6: That section 16-34 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 16-34. Infractions. Any person violating any of the following provisions of this section shall be deemed guilty of an infraction, and upon convic- tion thereof, shall be punishable by a fine of fifty dollars ($50.00), or, upon a second conviction within one year of a prior conviction for the same offense, by a fine of not less than one hundred dollars ($100.00) nor more than one hundred fifty dollars ($150.00): (a) No person shall allow solid waste or empty containers to remain along, at, or near any public street, sidewalk, parkway (excluding alleys), or in any area visible from a public street or in public view, except: (i) Between the hours of 4:00 p.m. of the day preceding the person's weekly collection day and 12:00 mid- night of such collection day; or, (ii) During any period in which regular collection service is interrupted or delayed. (b) Ail containers, bins obtained from the city's solid waste collection contractor, enclosures and surrounding areas, shall be maintained in a reasonably sanitary condition, free from obnoxious odors and from attachments of solid waste likely to create breeding grounds for insects or vermin, beyond that incidental to solid waste deposited since the previous collection; provided that persons receiving bin service may order bin cleaning services, subject to a reasonable fee, from the city's solid waste collection contractor in lieu of cleaning such bins 3 O ' ORDINANCE NS-2212 007 Page 4 themselves. (c) No person shall use any container having any sharp protrusion or other defect liable to cause injury to the person collecting the solid waste therein. (d) No person sha'll use the container of another person for disposal of solid waste without the consent of such other person. (e) Ail yard waste and other organic waste which is put out for collection by curbside service units must placed in plastic bags and not commingled with other solid wastes. Any person who places or permits the placement of yard and/or organic wastes in a container, box, carton or receptacle other than a plastic bag shall be guilty of an infraction. (f) Ail newspaper disposed of by curbside service units must be sorted and secured. SECTION 7: 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 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 8: 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 obligations thereunder appertaining shall continue in full force and effect. I ORD NA CS S-22 2 00 9 Page 5 ADOPTED this 18th day of ATTEST: J~ce C. Guy /. Clerk of the Council/ COUNCILMEMBERS: Young Aye Pulido Aye Lutz Aye McGuigan Aye Mills Aye Moreno Aye Richardson Aye January , 1994. D~i ~. Youn~ / Mayor APPROVED AS TO FORM: 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 ~ to be the original ordinance adopted by the City Council of the City of Santa Aha on !/J ~' /4 c/ 'and that said ordinance was published in accordance / / , with the Charter of the City of Santa Ana. Date: 5