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SMS 02/17/15 <br />ORDINANCE NO. NS -XXX <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA AMENDING CHAPTER 1 AND CHAPTER <br />8 OF THE SANTA ANA MUNICIPAL CODE REGARDING <br />CODE ENFORCEMENT PROVISIONS, INCLUDING CIVIL <br />PENALTIES, RECOVERY OF ATTORNEYS' FEES, AND <br />REMOVAL OF UTILITIES. <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. The Community Preservation Division for the City of Santa Ana's Planning <br />& Building Agency seeks supplemental enforcement tools already used by <br />other cities in California, to further safeguard and promote the health and <br />safety of the Santa Ana community. Community Preservation inspectors <br />are tasked with inspecting, analyzing, and enforcing Santa Ana Municipal <br />Code (SAMC) violations to ensure compliance. The proposed Ordinance <br />provides additional enforcement tools to aid in SAMC violation <br />enforcement, including: (1) Civil Penalties, (2) Attorney's Fees and (3) the <br />Disconnection of utilities. <br />B. These additions are requested for various reasons. The Community <br />Preservation Division routinely recommends cases to the City Attorney's <br />Office for civil prosecution. At present, successful civil litigation results in <br />a temporary restraining order and /or a preliminary injunction to stop a <br />nuisance. Amending the SAMC to allow for civil penalties and attorneys' <br />fees in those actions for code violations, will help deter continuing <br />violations or nuisances and will allow the City to recover the cost of <br />professional services provided by the City Attorney's Office spent <br />litigating civil cases. Additionally, all businesses are required to have a <br />certificate of occupancy that confirms that the business is operating in <br />compliance with the SAMC. If a business does not have a certificate of <br />occupancy, or is not operating in accordance with the certificate of <br />occupancy, this ordinance confirms the City's ability to disconnect the <br />utilities to such businesses until compliance with the certificate of <br />occupancy requirements is obtained. Non - compliant businesses pose a <br />threat to the health and safety, and well -being of the public and to the <br />business owner and its employees due to those violations of the SAMC or <br />other applicable codes. <br />1 <br />11 A -3 <br />