HomeMy WebLinkAbout11B - 2ND READ ORD REGISTRATION OF ABANDONED PROPERTYREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 17, 2017
TITLE:
ORDINANCE SECOND READING: ADOPT AN
ORDINANCE FOR THE REGISTRATION OF
ABANDONED AND DEFAULTED
RESIDENTIALICOMMERCIAL PROPERTY
{STRATEGIC PLAN N0.511)
4A�
TY MANAGE
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1� Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On October 3, 2017, the following ordinance was introduced for first reading and City Council authorized
publication of title by a vote of 7-0:
ORDINANCE NO. NS -2927 — AN ORDINANCE, ADDING DIVISION 3 TO ARTICLE 10, OF CHAPTER 8
OF THE CITY OF SANTA ANA MUNICIPAL CODE OF TO BE ENTITLED, "REGISTRATION AND
MAINTENANCE OF ABANDONED AND DEFAULTED MORTGAGE PROPERTY'; PROVIDING FOR
PURPOSE, INTENT AND APPLICABILITY OF THE ORDINANCE REQUIRING THE REGISTRATION
AND MAINTENANCE OF CERTAIN REAL PROPERTY BY MORTGAGEES; PROVIDING FOR
PENALTIES AND ENFORCEMENT, AS WELL AS THE REGULATION, LIMITATION AND REDUCTION
OF REGISTRABLE REAL PROPERTY WITHIN THE CITY
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement_& Sustainability, Objective #1 (Establish a comprehensive community engagement initiative
to expand access to information and create opportunities for stakeholders to play an active role in
discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action.
M iar a D. uizar
Clerk of the Council
EXHIBIT: Ordinance No. NS -2927
11 B-2
8.1.17 LS
ORDINANCE NO. NS-XXXX
AN ORDINANCE, ADDING DIVISION 3 TO ARTICLE 10, OF
CHAPTER 8 OF THE CITY OF SANTA ANA MUNICIPAL CODE OF
TO BE ENTITLED, 'REGISTRATION AND MAINTENANCE OF
ABANDONED AND DEFAULTED MORTGAGE PROPERTY;
PROVIDING FOR PURPOSE, INTENT AND APPLICABILITY OF
THE ORDINANCE REQUIRING THE REGISTRATION AND
MAINTENANCE OF CERTAIN REAL PROPERTY BY
MORTGAGEES; PROVIDING FOR PENALTIES AND
ENFORCEMENT, AS WELL AS THE REGULATION, LIMITATION
AND REDUCTION OF REGISTRABLE REAL PROPERTY WITHIN
THE CITY
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
A. The City Council desires to protect the public health, safety and welfare of the
citizens of the City of Santa Ana and maintain a high quality of life for the citizens of
the City through the maintenance of structures and properties in the City.
B. Vacant and abandoned residential and commercial properties are a significant
problem and can depreciate property values, reduce property tax revenue, attract
crime, degrade the quality of life within the community and foster an unsafe and
unhealthy environment for residents.
C. The foreclosing party or property owners are often out of state, and there is no local
contact for such a property, which makes it difficult to notice the proper party of the
violations of the municipal code, and to maintain the requisite level of maintenance
and security on such structures or lots.
D. The Council has a vested interest in protecting neighborhoods against decay
caused by registrable property and concludes that it is in the best interests of the
health, safety, and welfare of its citizens and residents to impose registration
requirements of registrable property located within the City to discourage registrable
property owners and mortgagees from allowing their properties to be abandoned,
neglected or left unsupervised.
E. The Council desires to amend the City's code in order to establish a property
registration process that will identify a contact person to address safety and
aesthetic concerns to minimize the negative impact and conditions that occur as a
result of vacancy, absentee ownership and the foreclosure process.
Ordinance No. NS-XXXX
11 B-3 Page 1
F. The City Council finds that the implementation of the following changes and
additions will assist the City in protecting neighborhoods from the negative impact
and conditions that occur as a result of vacancy, absentee ownership and lack of
compliance with existing City regulations and laws.
Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and the state
CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to
California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with
certainty that there is no possibility that the project may have a significant effect on the
environment. As a result, a Notice of Exemption will be filed upon the adoption of this ordinance.
Section 3. The City hereby amends the Santa Ana Municipal Code ("SAMC") by adding
Division 3 to Article 10 of Chapter 8, entitled "Registration and Maintenance of Abandoned and
Defaulted Mortgage Properties" to read as follows:
DIVISION 3. REGISTRATION AND MAINTENANCE OF ABANDONED AND DEFAULTED
MORTGAGE PROPERTIES
8-1982. Purpose.
It is the intent of the City Council, through the adoption of this division, to establish a mechanism
to protect neighborhoods from becoming blighted through the lack of maintenance and security of
abandoned and vacant properties; to establish an abandoned property registration program and
to set forth guidelines for the maintenance of such properties.
8-1983. Definitions.
For the purpose of this Division the following terms, phrases and words, shall have the meaning
set forth below:
"Abandoned" means any real property that is vacant or shows evidence of vacancy, and (1)
is subject to a current notice of default and/or notice of trustee's sale, pending tax assessors
lien sale and/or (2) is the subject of a foreclosure sale resulting in the acquisition of title by
an interested beneficiary of a deed of trust, and/or (3) was conveyed to the current owner
under a deed in lieu of foreclosure/sale.
"Abatement order" means a notice of violation, notice and order, or administrative citation.
As used in this chapter, the terms "abate" and "abatement" means action to repair, replace,
remove, destroy, terminate, or otherwise remedy the condition or activity in question by such
means and in such manner as is necessary in the interests of the health, safety or welfare of
the public. (SAMC Section 17-4)
"Accessible Property" means real property that is accessible to the public, either, in general
or through an open and unsecured door, window, gate fence, wall, etc.
"Accessible Structure" means a building or structure that is not secured or is open in such a
way as to allow public or unauthorized access to the interior.
Ordinance No. NS-XXXX
Page 2
11 B-4
"Administrative Penalty Payment Due Date" means the date that is the 10th day after the
issuance of an abatement order, a notice of violation issued pursuant to SAMC Section 1-
21.7(l).
"Agreement" means any written instrument that transfers or conveys title to residential or
commercial real property from one owner to another after a sale, trade, transfer or exchange.
"Beneficiary" means a lender participating in a real property transaction that holds a secured
interest in the real property in question identified in a deed of trust.
"Buyer" means any person, partnership, association, corporation, fiduciary or other legal
entity that agrees to transfer anything of value in consideration for real property via an
agreement.
"Dangerous Building" means any building or structure reasonably deemed by authorized City
staff to represent a violation of any provision specified in the Uniform Code for the
Abatement of Dangerous Buildings, International Property Maintenance Code, and California
Health and Safety Code section 17920.3.
"Days" means Calendar days.
"Deed of Trust" means an instrument whereby an owner of real property, as trustor, transfers
a secured interest in the real property in question to a third party trustee, as security for a
loan issued in the context of a real property transaction. This definition applies to any and all
subordinate deeds of trust; i.e., 2nd trust deed, 31d trust deed, etc.
"Deed In Lieu Of Foreclosure" means a recorded instrument that transfers ownership of
property from the trustor to the holder of a deed of trust upon consent of the beneficiary of
the deed of trust.
"Default" means the material breach of, or failure to fulfill, a legal or contractual duty arising
from or relating to a deed of trust.
"Distressed" means any building, structure or real property that is subject to a current notice
of default and/or notice of trustee's sale, pending tax assessors lien sale and/or any real
property conveyed via a foreclosure sale resulting in the acquisition of title by an interested
beneficiary of a deed of trust, and/or any real property conveyed via a deed in lieu of
foreclosure/sale, regardless of vacancy.
"Enforcement Official" means the City Manager, the Building Official, and/or any employee or
agent of the City of Santa Ana designated and/or charged with enforcing this Code, including
but not limited to applicable codes adopted by reference therein.
"Evidence of Vacancy" means any real property condition that independently, or in the
context of the totality of circumstances relevant to that real property would lead a reasonable
Ordinance No. NS-XXXX
11B-5 Page 3
enforcement official to believe that a property is vacant or occupied by a person without a
legal right of occupancy. Such real property conditions include but are not limited to:
overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; past
due utility notices or disconnected utilities; accumulation of trash, junk or debris; the absence
of window coverings such as curtains, blinds or shutters; the absence of furnishings or
personal items consistent with residential habitation; and/or statements by neighbors,
passersby, delivery agents, government employees that the property is vacant.
"Foreclosure" means the legal process by which a mortgagee, or other lien holder,
terminates a property owner's equitable right of redemption to obtain legal and equitable title
to the real property pledged as security for a debt or the real property subject to the lien. This
definition shall include, but is not limited to, public notice of default, a deed -in -lieu of
foreclosure, sale to the mortgagee or lien holder, certificate of title and all other processes,
activities and actions, by whatever name, associated with the described process. The
process is not concluded until the property obtained by the mortgagee, lien holder, or their
designee, by certificate of title, or any other means, is sold to a non -related bona fide
purchaser in an arm's length transaction to satisfy the debt or lien.
"Local" means within 40 driving miles of the subject building, structure or real property.
"Neighborhood Standard" means the condition of real property that prevails in and through
the neighborhood where an abandoned building, structure or real property is located. When
determining the neighborhood standard no abandoned or distressed building, structure or
real property shall be considered.
"Notice of Default" means a recorded instrument that reflects and provides notice that a
default has occurred under a deed of trust, and that the beneficiary intends to proceed with a
trustee's sale.
"Notice of Trustee's Sale" means a document prepared and recorded by the trustee that sets
forth the day, date and time of the trustee's sale, describes the property to be sold, and gives
an estimate for the unpaid debt on the deed of trust secured by the property.
"Out of Area" means in excess of 40 road or driving miles of the subject building, structure or
real property.
"Owner" means any person, partnership, association, corporation, fiduciary or other legal
entity having a legal or equitable title or any interest in real property.
"Owner of Record" means any person shown as the owner of land on the last equalized
assessment roll produced by the Orange County Recorder's Office.
"Property" means any unimproved or improved real property designed or permitted to be
used for commercial, residential or dwelling purposes, or portion thereof, including but not
limited to building or structures located on said real property, regardless of condition.
Ordinance No. NS-XXXX
Page 4
11 B-6
"Registrable Property" means any real property located in the City, whether vacant or
occupied, that is encumbered by a mortgage in default, is subject to an ongoing foreclosure
action by the Mortgagee or Trustee, is subject to an application for a tax deed or pending tax
assessor's lien sale, or has been the subject of a foreclosure sale where the title was
transferred to the beneficiary of a mortgage involved in the foreclosure and any properties
transferred under a deed in lieu of foreclosure/sale.
The designation of a "default/foreclosure" property as "registrable" shall remain in place until
such time as the property is sold to a non -related bona fide purchaser in an arm's length
transaction or the foreclosure action has been dismissed and any default on the mortgage
has been cured.
"Residential Building" means any improved real property, or portion thereof, designed or
permitted to be used for dwelling purposes, including buildings and structures located on
such improved real property. This includes any real property being offered under any
circumstances for sale, trade, transfer, or exchange as "residential," whether or not said
property is legally permitted and zoned for such use.
"Secure" means such measures as may be directed by an enforcement official that assist in
rendering real property inaccessible to unauthorized persons, including but not limited to
repairing fences and walls, chaining/pad locking gates, the repairing or boarding of doors,
windows or other openings. Such measures shall be implemented in conformance with all
applicable standards of the United States Department of Housing and Urban Development.
"Tax assessor's lien sale" means the sale, conducted by the Assessor of Orange County, of
tax liens for delinquent taxes on the property.
"Trustee" means any person, partnership, association, corporation, fiduciary or other legal
entity holding a deed of trust securing an interest in real property for the benefit of the
beneficiary.
"Trustor" means any owner/borrower identified in a deed of trust, who transfers an interest in
real property to a trustee as security for payment of a debt by that owner/borrower.
"VacancyNacant" means any building, structure or real property that is unoccupied or
occupied by a person without a legal right of occupancy.
8-1984. Duty to record instrument for property transfer.
Within 10 days of a property transaction involving a change in the identity of an owner or the
owner of record, or alternatively a transfer/assignment of a loan or deed of trust secured by
residential or commercial property, each beneficiary and trustee engaged in said transaction or
transfer/assignment shall record, with the Orange County Recorders Office, an instrument
evidencing such transaction, transfer or assignment. This instrument shall reflect the identity,
mailing address and telephone number of the trustee and beneficiary responsible for receiving
Ordinance No. NS-XXXX
Page 5
11 B-7
payments associated with the loan or deed of trust in question. This duty/obligation shall be joint
and several among and between all trustees and beneficiaries and their respective agents.
8-1985. Registration.
A. Each beneficiary and trustee, who holds a deed of trust on a property located within
the City of Santa Ana, shall perform an inspection of the property that is security for
the deed of trust upon default by the trustor prior to recording a Notice of Default or
similar instrument with the Orange County Recorder's Office.
B. If such inspection shows that the property is abandoned, the owner, beneficiary or
trustee shall, within 10 days of the inspection, register the property with the City's
Code Enforcement division on forms provided by the City.
C. If the property is occupied but distressed, the trustee and beneficiary or a designee
shall inspect the property on a monthly basis until:
1. The trustor or another party remedies the default; or
2. The property is found to be vacant or shows evidence of vacancy, deemed
abandoned and registered subject to subsection B of this section.
D. The registration required pursuant to subsection B of this section shall contain the
identity of the beneficiary and trustee, the direct mailing address (no postal box
address), email address and phone number of the beneficiary and trustee and, in
the case of a corporate or out of area beneficiary or trustee, the local property
management company, if any, responsible for the security, maintenance and
marketing of the property in question.
E. The registration pursuant to subsection B of this section shall be renewed annually
F. This section shall also apply to properties that have been the subject of a
foreclosure sale wherein title has been transferred to the beneficiary of a deed of
trust involved in the foreclosure, and to any properties transferred under a deed in
lieu of foreclosure.
G. Properties subject to this chapter shall remain subject to the annual registration
requirement, security and maintenance standards of this division as long as they
remain vacant and/or abandoned.
H. Any person, partnership, association, corporation, fiduciary or other legal entity that
has registered a property under this chapter must make a written report to the City's
Code Enforcement Division of any change of information contained in the
registration within 10 days of the change.
I. If the mortgage on a registrable property is sold or transferred, the new Mortgagee
is subject to all the terms of this Article and within 5 days of the transfer must
register the property and pay a registration fee in accordance with this Article. Any
Ordinance No. NS-XXXX
Page 6
11 B-8
previous unpaid annual registration fees are the responsibility of the new
Mortgagee or Trustee and are due and payable with their initial registration.
J. If the Mortgagee owner of a foreclosed real property sells or transfers the property
to a non -arm's length related person or entity, the transferee is subject to all the
terms of this Article and within 5 days of the transfer must register the property and
pay a registration fee in accordance with this Article. Any previous unpaid annual
registration fees are the responsibility of the new Registrable property owner and
are due and payable with their initial registration.
K. As long as the property is Registrable it shall be inspected by the Mortgagee, or
designee, monthly. If an inspection shows a change in the property's occupancy
status the mortgagee shall, within ten (10) days of that inspection, update the
occupancy status of the property registration.
L. Mortgagees who have existing registerable property on the effective date of this
ordinance have 30 calendar days from the effective date to register the property
with the City, or its designee, on forms or other manner as directed, and indicate
whether the property is vacant or occupied.
8-1986. Maintenance requirements.
It is declared a public nuisance for any person, partnership, association, corporation, fiduciary or
other legal entity, that owns, leases, occupies, controls or manages any abandoned property to
cause, permit, or maintain any property condition contrary to any provision of this chapter. The
following maintenance standards shall apply to any abandoned or vacant property:
A. Any abandoned property shall be maintained in compliance with the requirements
of this chapter and Santa Ana Municipal Code Chapters 16, Chapter 41, the
Uniform Code for the Abatement of Dangerous Buildings, International Property
Maintenance Code and California Health and Safety Code section 17920.3.
B. Abandoned property shall be kept free of weeds, dry brush, dead vegetation,
excessive foliage growth, trash, junk, debris, building materials, any accumulation
of newspaper, circular flyers, notices (except those required by federal, state or
local law), discarded personal items including but not limited to, furniture, clothing,
large and small appliances, printed material or any other items that give the
appearance that the property is abandoned.
C. Abandoned property shall be maintained free of graffiti, tagging or similar marking
in accordance with Article IV of Chapter 10 of the SAMC. Any removal or painting
over of graffiti shall be with an exterior grade paint that matches the color of the
exterior of the structure.
D. Visible front and side yards shall be landscaped and maintained to the
neighborhood standard. Landscaping includes, but is not limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or
Ordinance No. NS-XXXX
11 B-9 Page 7
artificial turf/sod designed specifically for residential installation and standards listed
in the Santa Ana Municipal Code Santa Ana Municipal Code 41-609 "Landscape",
and abide by the Planning and Public Works division landscape standards.
Landscaping does not include weeds, gravel, broken concrete, asphalt, plastic
sheeting, mulch, indoor -outdoor carpet or any similar material.
E. Pools and spas shall be kept in working order so that water remains clear and free
of pollutants, mosquito larvae, and debris, or alternatively shall be drained and kept
dry. In either case, properties with pools and/or spas must comply with the
minimum security fencing requirements set forth in Article XIII of this Chapter and
minimum state standards, whichever is more restrictive.
F. Adherence to this section does not relieve the beneficiary/trustee or property owner
of obligations set forth in any covenants conditions and restrictions and/or
homeowner's association rules and regulations which may apply to the property.
An enforcement official may allow exceptions to the maintenance standards set forth in this
section for abandoned property that is under construction and/or repair, that is diligently
pursued for at least three (3) business days per week, and is undertaken in compliance with
all applicable laws including but not limited to City permitting requirements.
8-1987. Security requirements.
A. Abandoned and vacant properties shall be secured so as not to be accessible to
unauthorized persons.
B. Securing of abandoned property includes but is not limited to closing and locking of
windows, doors (walk-through, sliding and garage), gates and any other opening
that may allow access to the interior of the property and or structure(s). In the case
of broken windows securing means re -glazing or boarding the window.
C. If the abandoned property is owned by a corporation and/or out of area
beneficiary/trustee/owner, a local property management company shall be
contracted to perform weekly inspections to verify that the abandoned property is
maintained in accordance with the requirements of this section, and any other
applicable laws.
D. The property shall be posted with the name and 24-hour contact phone number of
the local property management company. The posting shall be no less than 18" x
24", shall be of a font that is legible from a distance of forty-five (45) feet, and shall
contain the following verbiage: "THIS PROPERTY MANAGED BY ,"
and 'TO REPORT PROBLEMS OR CONCERNS CALL (name and phone
number)."
E. The posting shall be placed on the interior of a window facing the street to the front
of the property so it is visible from the street, or secured to the exterior of the
building/structure facing the street of the front of the property so it is visible from the
Ordinance No. NS-XXXX
Page 8
11B-10
street. If no such area exists, the posting shall be on a stake of sufficient size to
support the posting, in a location that is visible from the street to the front of the
property, and to the extent possible, not readily subject to potential vandalism.
Exterior posting must be constructed of, and printed with weather resistant
materials.
F. The local property management company shall inspect the property on a weekly
basis to determine if the property is in compliance with the requirements of this
division. If the property management company determines the property is not in
compliance, it is the company's responsibility to bring the property into compliance.
G. The duties and obligations specified in this section shall be joint and several among
and between all trustees and beneficiaries and their respective agents.
8-1988. Additional authority.
In addition to the enforcement remedies established in this division, the City shall have the
authority to require the beneficiary, trustee, owner or owner of record of any property affected by
this section, to implement additional maintenance and/or security measures including but not
limited to, securing any and all doors, windows or other openings, installing additional security
lighting, increasing on-site inspection frequency, employment of an on-site security guard or other
measures as may be reasonably required to secure and reduce the visual decline of the property.
8-1989. Fees.
An annual non-refundable Foreclosed Vacant property registration fee shall be paid to City at the
time of registration, annually thereafter on January 1st each year and must be received no later
than January 31 of the year due. If the foreclosed and/or abandoned property is sold or
transferred within a calendar year to a new bank/owner it will need to register the foreclosed
and/or abandoned property; the annual fee is not transferrable. The fee for registering and re-
registering a foreclosed and/or abandoned property shall be set, from time to time, by resolution
of the City Council. The amount of the fee shall not exceed the cost of administering the
provisions of this chapter.
Additional hourly inspection fees as set forth in the City's Miscellaneous Fee resolution may be
levied on a Property for staff time to inspect and enforce the provision of this Code when a
complaint has been filed on a Property subject to this article.
8-1990. Enforcement.
A. Any violation of this division shall be treated as a strict liability offense; a violation
shall be deemed to have occurred regardless of a violator's intent.
B. Any person, partnership, association, corporation, fiduciary or other legal entity, that
owns, leases, occupies, controls or manages any abandoned property and causes,
permits, or maintains a violation of the chapter as to that property, shall be guilty of
Ordinance No. NS-XXXX
11B-11 Page 9
a misdemeanor, and upon conviction thereof, may be punished as provided in
SAMC section 1-8.
C. This section is intended to be cumulative to, and not in place of, other rights and
remedies available to the City pursuant to this Code. As an alternative to the
violation and penalty specified in this section, the City Attorney or enforcement
official may pursue any other right or remedy permitted by this Code, including, but
not limited to, commencement of any civil action, or administrative action to abate
the condition of a property as a public nuisance pursuant to SAMC sections 1-21
through 1-21.9.
D. If an enforcement officer determines that the owner of abandoned property has
failed to maintain that property as obligated under California Civil Code Section
2929.3 and in accordance with this chapter, the City may impose a civil fine against
the owner of up to one thousand dollars ($1,000) per day, or an amount set by the
City's Miscellaneous Fee Schedule as amended from time to time, for each day that
the owner fails to maintain the property commencing on the day following the
expiration of the period to remedy the violation as set forth in the notice provided
pursuant to subsection E.
E. If the City chooses to impose a fine pursuant to subsection D of this section, it shall
give notice of the alleged violation to the owner. The notice shall include a
description of the conditions that gave rise to the violation, and notice of the City's
intent to assess a civil fine if action to correct the violation is not commenced within
a period of not less than 14 days and completed within a period of not less than 30
days. The notice shall be mailed to the name and address provided in the deed or
other instrument for mailing future tax statements, or, if none, to the return address
provided on the deed or other instrument.
F. The City shall provide a period of not less than 30 days for the legal owner to
remedy the violation prior to imposing a civil fine. Notwithstanding the foregoing, the
City may provide less than 30 days' notice to remedy a condition before imposing a
civil fine if the entity determines that a specific condition of the property threatens
public health or safety and provided that notice of that determination and time for
compliance is given.
G. The City shall provide an owner who wishes to contest any fines imposed pursuant
to subsection D a hearing and opportunity to be heard in accordance with the
procedures for administrative citations contained in Chapter 1.14 of this Code.
H. Payment of the administrative and civil penalties shall not excuse the failure to
correct the violation nor shall it bar further enforcement action.
Ordinance No. NS-XXXX
Page 10
11B-12
B-1991. Appeals.
Any person aggrieved by any of the requirements of this division may appeal a determination
made hereunder in the manner specified with respect to appeals under SAMC Section 1-21.8
through 1-21.9 or SAMC Chapter 3.
8-1992. Joint and several liability.
The duties/obligations specified in this division shall be joint and several among and between all
trustees and beneficiaries and their respective agents.
Section 4. The charges and fees authorized by Section 8-1989 of this Code shall be set
forth in a fee schedule established by concurrent resolution. Such charges and fees shall be
incorporated into, and where appropriate, supersede the City's Uniform Schedule of
Miscellaneous Fees for Fiscal Year 2017-18.
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. The Clerk of the Council shall certify the adoption of this ordinance and shall
cause the same to be published as required by law.
ADOPTED this day of 2017.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By:c�-�-�Gi
Lisa Storck
Assistant City Attorney
Ordinance No. NS-XXXX
11B-13 Page 11
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 that the attached
Ordinance No. NS- 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
11B-14
Ordinance No. NS-XXXX
Page 12