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HomeMy WebLinkAboutNS-2520 - Municipal Code Regarding the Public Works Agency Authority to Issue CitationsORDINANCE NO. NS-2520 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 1-18.2 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE PUBLIC WORKS AGENCY AUTHORITY TO ISSUE CITATIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares: The Santa Ana Municipal Code provides general as well as specific authority to the Public Works Agency to issue citations for violations of various Chapters of the Santa Ana Municipal Code. Santa Ana Municipal Code Section 1-18.2 provides the Public Works Agency the specific authority to issue citations for violating specific provisions of the Code. c~ The Public Works Agency currently is responsible for the enforcement of various sections of the Santa Ana Municipal Code. Currently the Public Works Agency is responsible for enforcing sections 10- 26, 10-27, 10-71 and 10-100 (Crimes and Miscellaneous Law Enforcement Provisions) section 18-17 (Health and Sanitation) sections 33-30, 33-60, 33-62, 33-152, 33-157, 33-162, and 33-192 (Streets, Sidewalks and Public Works) section 36-45 and 36-46 (Traffic) of the Santa Ana Municipal Code. However, Public Works does not currently have the ability to issue citations pursuant to 1-18.2 for violating these sections. Providing the Public Works Agency the authority to issue citations for violating sections of the Santa Ana Municipal Code they are responsible for enforcing will supply additional resources to the City's enforcement efforts. Section 1-18.2 identifies specific positions/titles within the Public Works Agency t responsible for issuing citations for violations of specific sections of the Santa Ana Municipal Code. Over the years, positions/titles have been re-titled within the Public Works Agency. When positions/titles are re-titled, the positions/titles that were responsible for enforcing the code are eliminated. ]~) As part of a continuous improvement process, there is a need to update Ordinance No. NS-2520 Page 1 of 4 section 1-18.2 to provide the Executive Director of the Public Works Agency the authority to enforce the enumerated provisions of the code contained in section 1-18.2 and the ability to delegate this enforcement authority to Public Works Staff. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. SECTION 3: That Section 1-18.2 of Article II of Chapter 1 of the Santa Aha Municipal Code is hereby amended to read as follows (additions to existing code shown in underline and deletions in strike-out): Sec. 1-18.2. Public works --.c;_-.-tm..c.-:t agency authority to issue citations. The executive director of public works agency or his designee, thc ad ............... cc.":'.cc.~ mcncgcr, thc '--" ........... 4;....,... ~. ..... ; ...... ,.., .,,~,........,..; ..... *"-- ,,_..." .... has the duty to enforce the provisions of sections 10-26, 10-27, 10-71 and 10-100, 16-1 through 16-4, 16-30, 16-31, 16-33 through 16-37.5, 16- 39, 16-48, 18-17,.~,,.~""'~ 36-148, of *~':~.,.... Code; *""..,...~:rv...... '~' "-*"- cf p...,.v"~":" '-'~'~"...., ...., *~'~., ... '~"* .... ~ ....*~' ...... :"~""" cf """*~""" 33-30, 33-60, 33-62, 33-152, 33-157, · ~ ,~ ,.~ tc ............ ~, ................... 33-162, 33-188, 33-189 through 33-19-1-2, 3645 36-46,_,,_""'~ !5 ~.8 v."~ cf ccct!cnc 39-26, 39-33 and 39-106 through 39-111, of thic Ccdc c.".d thc · ~'"..,.. _....'""*" '".....,,,.......~"~ .... *~'".,,.. provisions of article IV of chapter 18 af this Code. The Executive Director of the Public Works Agency or his designee ."-bc';c ................ ~...,.~,.,..,.., CFC :S 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 50, Title III, of part 2 of the Penal Code of the State of California (commencing with Section 853.6 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 Ordinance No. NS-2520 Page 2 of 4 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 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 obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 6t._~.h day of January, 2003. r~r' Pulidcl, APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Michael ~iglio'~ta I v Deputy City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Alvarez, Bist, Christ),, Franklin, Garcia, Pulido, Solorio (7) Councilmembers: None (0) Councilmembers: None (0) Councilmembers: None (0) Ordinance No. NS-2520 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2520 to be the original ordinance adopted by the City Council of the City of Santa Ana on January 6, 2003, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-2520 Page 4 of 4