Item 28 - Ordinance Repealing and Reenacting Article II of Chapter 16 of the SAMC

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Ordinance No. NS-XXX Page 37 of 42 (D) With the exception of violations of generator contamination of container contents addressed in this section, city shall issue a notice of violation requiring compliance within 60 days of issuance of the notice. (E) Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, by administrative citation and fine, pursuant to the Santa Ana Municipal Code. (4) In accordance with City’s administrative fine schedule, the penalty levels are as follows: (A) For a first violation, the amount of the penalty shall be $100. (B) For a second violation of the same provision within one year from the date of the first violation, the amount of the penalty shall be $200. (C) For each additional violation of the same provision within one year of the first violation, the amount of the penalty shall be $500. (5) The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following: (A) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; (B) Delays in obtaining discretionary permits or other government agency approvals; or, (C) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity, and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (b) Other violations (1) The following violations shall be subject to issuance of an administrative citation, designated as an infraction, and assessment of a fine in the amounts and schedule fixed in subsection (a). The city’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued under this section. (A) No person shall allow 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 midnight of such collection day; or (ii) During any period in which regular collection service is interrupted or delayed. (B) All containers obtained from the city's solid waste collection contractor, and all enclosures and surrounding areas, shall be maintained in a reasonably