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16-30, 16-31, 16-33 through 16-37.5, 16-39, 16-48, 18-17, 36-148, 33-30, 33-60, 33-62, 33-152, 33-157, 33-162, 33-188, 33-189 through 33-192, 36-45, 36-46, 39-24, and 39- 106 through 39-111, chapter 17 and provisions of article IV of chapter 18 of this Code. The executive director of the public works agency or his designee is authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of said provisions in their presence. In any case in which a person is arrested pursuant to this section and the person arrested does not demand to be taken before a magistrate, said officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5C, Title III, of part 2 of the Penal Code of the State of California (commencing with Section 853.6). SECTION 11. Section 16-38 of the Santa Ana Municipal Code is hereby amended such that it reads in its entirety as follows: Sec. 16-38. - Service charges (a) Owners and/or occupants of any improved parcel of real property in the city, as shown on the latest county assessment roll, except any parcel receiving bin or roll -off service exclusively, shall pay to the city a solid waste collection service charge (refuse service charge) in such amounts, at such times, and in such manner as shall be established by resolution of the city council. Such refuse service charge is imposed to provide for the continuing availability of curbside service, and shall be due and payable in accordance with the terms of said resolution regardless of actual use thereof or of any interruptions or delays in such service, except to the extent reductions or refunds may be specifically authorized or directed by the executive director of public works or his/her designee or by the executive director of finance and management services or his/her designee. (b) For purposes of administrative convenience the city council may establish billing units for payment of the said service charge consisting of one (1) or more occupancies within one (1) or more parcels. The said total refuse service charge reflecting the number of billable units shall be billed as provided in Section 39-20 of this Code as part of the city's regular consolidated municipal utility services account/billing statement, but shall be listed as a separate line item on the municipal utility services account/billing statement. (c) A penalty of ten (10) percent shall be assessed on all unpaid refuse service charge bills thirty (30) days after the billing date. No penalty, however, will accrue until thirty (30) days after the date that the bill has been presented in accordance with section 39-20 of this Code. (d) The said refuse service charge and any penalties accrued for failure to make timely payment therefore shall be a civil debt owing to the city. Ordinance No. NS -2921 Page 53 of 57