75B - PH - PREP - Laserfiche WebLink

Home Browse Search

LS 3.31.16 including the referral of a Notice of Violation and /or Notice and Order being referred to the City Attorney's Office for legal action. Sec. 8.1977. Appeals. A. Any recipient of an administrative citation may contest that there was a violation of the Santa Ana Municipal Code or that he or she is the responsible person by completing a "request for hearing" form and returning it to the City within fifteen (15) days from the date the administrative citation is served or deemed to have been served as indicated in Section 1 -21 of this Code. Such "request for hearing" forms shall be made available at no charge by the planning and building agency. A failure to file a timely "request for hearing" shall be deemed a waiver of the right to appeal the citation and to seek judicial review (SAMC section 1- 21.8). B. A Property Owner may initiate an administrative appeal to the Executive Director regarding the notices, violations, citations and /or fees that the Property Owner has received in conjunction with a property inspection as performed under the provisions of this program at set forth in Chapter 3 (Uniform Hearing and Appeal Procedure). Sec. 8 -1978. Penalty for violation. Every violation of the provisions of this Division shall be deemed to be a misdemeanor and, upon conviction thereof, shall be punishable as provided for in section 1 -8 of this Code. Each day any violation of any said provision of this article shall continue shall constitute a separate offense. In addition, the City may seek injunctive relief and civil penalties in court for violations of this Division. The remedies provided for in this Division shall be cumulative and not exclusive of any other remedies available under any other federal, state or local laws. Sec. 8 -1979. Relocation Costs. If any lessee is displaced from a rental housing unit after an order to vacate issued by the Executive Director because a violation is of such a nature that the immediate health and safety of the lessee is endangered, the costs and expenses of relocating the lessee from the unit are and shall be the responsibility of the owner to the extent required by State law (Health & Safety 17975 - 17975.10) and in accordance with the terms of the lessee's rental agreement, if any. Sec. 8 -1980. Removal of Tax Benefit. If, after a notice and order to repair has been issued, and the property owner fails to correct the violation, the City may utilize any administrative or legal remedy available. Further, the City intends to utilize the provisions of Section 24436.5 of the Revenue and Taxation Code to encourage the elimination of substandard conditions in rental housing. Said section provides for the disallowance for State income tax purposes of interest, Ordinance No. NS -XXXX Page 14 of 16 75B -26