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75B - PH - PREP ORD
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75B - PH - PREP ORD
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Last modified
5/3/2016 3:35:13 PM
Creation date
5/3/2016 3:32:20 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75B
Date
5/3/2016
Destruction Year
2021
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LS 34M52.16 <br />including the referral of a Notice of Violation and /or Notice and Order being referred to <br />the City Attorney's Office for legal action. <br />Sec. 8.1977. Appeals. <br />A. Any recipient of an administrative citation may contest that there was a violation <br />of the Santa Ana Municipal Code or that he or she is the responsible person by <br />completing a "request for hearing" form and returning it to the City within fifteen <br />(15) days from the date the administrative citation is served or deemed to have <br />been served as indicated in Section 1 -21 of this Code. Such "request for hearing" <br />forms shall be made available at no charge by the planning and building agency. <br />A failure to file a timely "request for hearing" shall be deemed a waiver of the <br />right to appeal the citation and to seek judicial review (SAMC section 1- 21.8). <br />B. A Property Owner may initiate an administrative appeal to the Executive Director <br />regarding the notices, violations, citations and /or fees that the Property Owner <br />has received in conjunction with a property inspection as performed under the <br />provisions of this program at set forth in Chapter 3 (Uniform Hearing and Appeal <br />Procedure). <br />Sec. 8 -1978. Penalty for violation. <br />Every violation of the provisions of this Division shall be deemed to be a misdemeanor <br />and, upon conviction thereof, shall be punishable as provided for in section 1 -8 of this <br />Code. Each day any violation of any said provision of this article shall continue shall <br />constitute a separate offense. In addition, the City may seek injunctive relief and civil <br />penalties in court for violations of this Division. The remedies provided for in this <br />Division shall be cumulative and not exclusive of any other remedies available under <br />any other federal, state or local laws. <br />Sec. 8 -1979. Relocation Costs. <br />If any lessee is displaced from a rental housing unit after an order to vacate issued by <br />the Executive Director because a violation is of such a nature that the immediate health <br />and safety of the lessee is endangered, the costs and expenses of relocating the lessee <br />from the unit are and shall be the responsibility of the owner to the extent required by <br />State law (Health & Safety 17975- 17975.10) and in accordance with the terms of the <br />lessee's rental agreement, if any. <br />Sec. 8.1980. Removal of Tax Benefit. <br />If, after a notice and order to repair has been issued, and the property owner fails to <br />correct the violation, the City may utilize any administrative or legal remedy available. <br />Further, the City intends to utilize the provisions of Section 24436.5 of the Revenue and <br />Taxation Code to encourage the elimination of substandard conditions in rental housing. <br />Said section provides for the disallowance for State income tax purposes of interest, <br />Ordinance No. NS -XXXX <br />Page 14 of 16 <br />75B -48 <br />
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