HomeMy WebLinkAbout11A - ORDINANCE - ADMIN FINES AND PENALTIESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 1, 2013
TITLE:
ORDINANCE SECOND READING:
AMENDING THE SANTA ANA MUNICIPAL
CODE TO ALLOW THE AMOUNT OF
ADMINISTRATIVE FINES AND PENALTIES
TO BE SET BY RESOLUTION
s
C MANAGER
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15t Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
On June 17, 2013, the City Council introduced first reading and authorized publication of title for
the following Ordinance by a vote of 5-0 (Pulido and Tinajero absent):
ORDINANCE NO. NS-2845 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 1 OF THE SANTA ANA MUNICIPAL CODE REGARDING
SETTING THE AMOUNT OF ADMINISTRATIVE CITATION FINES AND PENALTIES
FISCAL IMPACT
There is no fiscal impact associated with this action.
aria D. Huizar,
Clerk of the Council
ATTACHMENT: Ordinance No. NS-2845
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Iss6/17/13
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CHAPTER 1 OF THE SANTA
ANA MUNICIPAL CODE REGARDING SETTING THE
AMOUNT OF ADMINISTRATIVE CITATION FINES AND
PENALTIES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. California Government Code section 53069.4 authorizes the City, by
ordinance, to make any violation of any ordinance enacted by the City subject
to an administrative fine or penalty; and
B. Government Code section 53069.4 authorizes the City to establish by
ordinance, procedures governing the imposition, enforcement, collection and
administrative review of those administrative fines or penalties; and
C. The City has determined that the issuance of administrative citations tends to
benefit real property located in the City by increasing the likelihood that public
nuisances will be removed, thereby enhancing and protecting the public
health, safety and welfare of the community; and
D. The City has decided to set the amount of administrative citation fines and
penalties in line with California Government Code Section 36900, which
establishes maximum limits for administrative fines and penalties.
Section 2. The adoption of this ordinance is exempt from CEQA and a Notice of
Exemption will be filed if this ordinance is adopted.
Section 3. Section 1-21.3 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows:
Sec. 1-21.3. Fines
(a) The amount of fines for violating provisions of the code shall be
established and amended by resolution of the City Council. The schedule may
include escalating fine amounts for repeat code violations occurring within
specified periods of time.
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(b) Fines are due on the day specified in the administrative citation, or in
the event of an appeal, as determined by the Hearing Officer.
(c) The failure of any person to pay the civil fines assessed by an
administrative citation may result in the matter being referred for collection which
includes but is not limited to the filing of a small claims court action and/or a
special assessment and/or lien on real property.
Section 4. Any provision of the Code that is inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed
or modified to that extent necessary to effect the provisions of this Ordinance.
Section 5. 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 6. This ordinance shall become effective thirty days after its adoption by
the City Council.
ADOPTED this day of 2013
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Laura Sheedy
Assistant City Attorney
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AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , 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
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