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FULL PACKET_2017-07-05
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FULL PACKET_2017-07-05
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City Clerk
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Agenda Packet
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Clerk of the Council
Date
7/5/2017
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Sec. 18-621. - Violation and enforcement. <br />A. Violation/enforcement <br />Each and every violation of this article shall constitute a separate violation and shall <br />be subject to all remedies and enforcement measures authorized by this Code. <br />Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive <br />relief, revocation of the collective's registration, revocation of the certificate of occupancy <br />for the location, disgorgement and payment to the City of any and all monies unlawfully <br />obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or <br />remedy available at law or equity. The City may also pursue any and all remedies and <br />actions available and applicable under local and state laws for any violations committed by <br />the collective and persons related or associated with the collective. <br />B. Suspension or revocation. <br />When the Chief of Police finds that any person holding a regulatory safety permit <br />under the provisions of Chapter 18 has violated the provisions of this chapter or is found <br />guilty of conduct which would form the basis of denial of the regulatory safety permit as set <br />forth in Article XIII of Chapter 18, s/he may revoke or suspend the permit. No such <br />revocation shall become effective until the regulatory safety permit holder has been <br />notified in writing by certified mail of the right to appeal the revocation decision pursuant to <br />the provisions or Chapter 3 of this Code. If a timely appeal is filed, the revocation shall be <br />effective only upon decision of the City Council. Otherwise, the revocation shall become <br />effective after the timely appeal period has passed. <br />Section 10: Section 18-622 of Article XIII of Chapter 18 of the Santa Ana Municipal Code <br />is hereby added to read in full as follows: <br />Sec. 18.622. — Transfer of Ownership. <br />A. Upon the transfer of any interest in a collective/cooperative, the regulatory safety permit <br />shall be null and void. Any person, firm or entity desiring to own or operate the <br />collective/cooperative shall make a new application. Prior to or concurrent with the <br />submission of said application the transferee shall obtain all required business licenses, <br />post all required security deposits, acquire all necessary, certificates, permits or other <br />licenses allowing the doing of any act which the person paying or holding the same would <br />not otherwise be entitled to do; and any permit, license, variance or other instrument of <br />approval or evidence that any conditions exist as required by any other section of this <br />Code or by any statute or code provisions of the state must first be obtained or complied <br />with before the doing of any act or thing for which it is required. A fee as established by <br />resolution of the City Council shall be payable for each such application involving transfer <br />of any interest in an existing collective/cooperative. The provisions of section 18-617.1 and <br />18-617.2 of this chapter shall apply to any person, firm, or entity applying for a regulatory <br />safety permit for premises previously used as such establishment. <br />B. Any such transfer of any interest in an existing collective/cooperative or any application <br />for an extension or expansion of the building or other place of business of the <br />Ordinance No. NS-XXXX <br />Page 10 <br />11B-12 <br />
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