HomeMy WebLinkAbout75D - PH - ORD - CODE ENFORCEMENT AUTHORITYREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 7, 2016
TITLE:
PUBLIC HEARING - ORDINANCE
REGARDING CODE ENFORCEMENT
CITATION AUTHORITY
{STRATEGIC PLAN NOS. 1, 314, S)
CITY MANAGER
RECOMMgNDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
0 As Recommended
171 As Amended
0 Ordinance on 1" Reading
[� Ordinance on 2nd Reading
❑ implementing Resolution
p Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt an ordinance amending Chapter One of the Santa Ana Municipal Code to clarify Code
Enforcement Authority regarding Code Enforcement citations,
Chapter 1, Section 1 -18.1 of the Santa Ana Municipal Code (SAMC) currently authorizes Code
Enforcement to issue administrative citations as to specific code sections only, e,g., sections 10 -2
(motion picture permit), 36- 467(ice cream trucks), etc. The proposed amendment seeks to clarify
the SAMC and Code Enforcement's areas of authority for issuing those citations. The
amendment will give Code Enforcement authority to issue citations in regard to chapters of the
SAMC Instead of specific code sections, e.g., Chapter 10 versus section 10 -2. This will avoid the
need in the future to amend Section 1 -18.1 to add specific sections if or when changes are made
to the SAMC,
Approval of this item supports the City's efforts to meet Goal f#1 - Community Safety; Goal #3 -
Economic Development, Goal #4 -- City Financial Stability, and Goal #5 - Community Health,
Livability, Engagement and Sustainability,
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Approval of the proposed ordinance will assist the City in enforcing its Municipal Code with the
secondary effect of collecting administrative fines as a result of those violations. If approved, the
increase in revenue for the General Fund will create a beneficial impact for the City; however, the
amount of revenue will vary from year to year depending on the number of code violations and
how they are enforced,
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Public blearing - Ordinance Regarding Cade Enforcement Citation Authority
June 7, 2016
Page 2
assan Magi enl, CP
Executive Director
Planning & Building Agency
AN: rb
WeportaAmendCO1 Code EnP B OIL=
Exhibit: 1. Ordinance
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AV 05/17/16
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 CODE
ENFORCEMENT CITATIONS,
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. This ordinance came before the City Council of the City of Santa on May
17, 2016.
B. The Request for Council Action for this ordinance dated June 7, 2016, and
duly signed by the City Manager, shall, by this reference, be incorporated
herein, and together with this ordinance, any amendments or
supplements.
C. 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 City Charter. 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 2. Section 1 -18.1 of Chapter 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, 10, 16 -18, 21, 26, 36,
and Chapter 41 � The above listed officers and employees also have the duty to enforce
sections 27551, 27671 and 27672 of the Health and Safety Code of the State of
California with respect to sales of food from vehicles. The above listed officers and
employees shall also have the duty to enforce permit parking districts established by the
city. 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
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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. 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 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. This ordinance shall become effective thirty days after its adoption by
the City Council.
ADOPTED this day of , 2016
APPROV� AS TO FORM:
Sonia R./ firvaolo „ApityAttorney
By:_ v
Satz ra . Schwarzmann
Senior Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Miguel A. Pulido
Mayor
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NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D, HUIZAR, Clerk of the Council, do hereby attest to and certify that 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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