HomeMy WebLinkAboutNS-2957 - Amending Certain Sections of Chapter 8 of Santa Ana Municipal Code Including Section 8-7 (Violation and Penalty)...ORDINANCE NO. NS -2957
AN ORDINANCE AMENDING CERTAIN SECTIONS OF
CHAPTER 8 OF THE CITY OF SANTA ANA MUNICIPAL
CODE INCLUDING SECTION 8-7 (VIOLATION AND
PENALTY) AND 8-9 (REVOCATION AND APPEAL) AND
SECTIONS 8-1982, 8-1985, AND 8-1986 OF THE
FORECLOSURE REGISTRY PROGRAM
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City Council desires to protect the public health, safety and welfare of the
citizens of the City of Santa Ana and maintain a high quality of life for the
citizens of the City through the maintenance of structures and properties in
the City.
B. The Council has a vested interest in protecting neighborhoods against decay
caused by registrable property and concludes that it is in the best interests of
the health, safety, and welfare of its citizens and residents to impose
registration requirements of registrable property located within the City to
discourage registrable property owners and mortgagees from allowing their
properties to be abandoned, neglected or left unsupervised.
C. The City Council adopted Ordinance No. NS -2927 on October 17, 2017, to
establish a property registration process that identifies a contact person to
address safety and aesthetic concerns to minimize the negative impact and
conditions that occur as a result of vacancy, absentee ownership and the
foreclosure process.
D. The City Council finds that the implementation of the following clarifications
will assist the City in protecting neighborhoods from the negative impact and
conditions that occur as a result of vacancy, absentee ownership and lack of
compliance with existing City regulations and laws.
E. Recommended changes to Section 8-7 broaden the scope of the Certificate
of Occupancy approvals for any business and provides ability to revoke any
certificate of occupancy operating in violation of its approved use and be
addressed as a nuisance. This provides the language necessary to address
and properly abate any potential public nuisance.
Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and
the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review
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pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it
can be seen with certainty that there is no possibility that the project may have a
significant effect on the environment. As a result, a Notice of Exemption will be filed f
upon the adoption of this ordinance.
Section 3. The City hereby amends Section 8-7 of the Santa Ana Municipal
Code ("SAMC"), "Violation and penalty" as follows:
Sec. 8-7. - Violation and penalty.
(a) Except as otherwise provided in this chapter, any person violating any provision of
this chapter shall be punished as provided in section 1-8 of this Code, and in addition,
all procedures for the correction of illegal conditions shall apply.
(b) Each separate day or any portion thereof during which any violation of this chapter
occurs or continues shall be deemed to constitute a separate offense and, upon
conviction thereof, shall be punishable as herein provided.
(c) The issuance or granting of a permit, or approval based on plans, specifications or
other data shall not be deemed or construed to be a permit for, or an approval of, any
violation of any of the provisions of this chapter. Permits presuming to give authority to
violate or cancel the provisions of this chapter shall be invalid, except insofar as the
work or use which is authorized is lawful.
(d) The issuance or granting of a permit, approval or certificate of occupancy based on
submitted plans, specifications or other data shall not prevent the administrative
authority from:
(1) Thereafter requiring the correction of errors in such plans, specifications or
other data; or
2) Ordering cessation of construction, maintenance, operation, or occupancy
when it is in violation of this chapter or of any other ordinance; or
(3) Revoking any permit, approval or certificate of occupancy or completion when
issued in; or;
(4) Suspending or revoking any permit, approval, certificate of occupancy or
completion when issued on the basis of incorrect information supplied or in violation of
any section of this Code.
(e) Any business operated, conducted, or maintained contrary to the provisions of the
Santa Ana Municipal Code, shall be abated by the city through the removal of any and
all utilities to the property. In addition, it shall be declared to be unlawful and a public
nuisance, and the City may impose all additional criminal, civil, and administrative
penalties pursuant to applicable law. The cost of such abatement may be recovered by
the City as outlined in the provisions of this Code.
Section 4. The City hereby amends Section 8-9 of the Santa Ana Municipal
Code, 'Reserved" as follows:
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Sec. 8-9 — Revocation of permit, approval, certificate of occupancy or completion
and Appeal.
A. Revocation. The Executive Director of the Planning and Building Agency or
his/her designee may revoke a permit, approval, certificate of occupancy or
completion, after notice and opportunity to be heard by the grantee, upon his/her
determination that the permit, approval, certificate of occupancy or completion is
being exercised in a manner contrary to the regulations of this chapter which are
applicable to the use or activity permitted by such permit, approval, certificate of
occupancy or completion.
B. Appeal. Any applicant for a permit, approval, certificate of occupancy or
completion whose application is denied by the Executive Director of the Planning
and Building Agency, and any grantee whose permit, approval, certificate of
occupancy or completion is revoked by said Director, may, within ten (10) days
following such decision, appeal such decision pursuant to the provisions of
Chapter 3 of this Code.
Section 5. The City hereby amends Division 3 to Article 10 of Chapter 8 of the
SAMC, entitled "Registration and Maintenance of Abandoned and Defaulted Mortgage
Properties" to read as follows:
DIVISION 3. - REGISTRATION AND MAINTENANCE OF ABANDONED, VACANT,
AND/OR DEFAULTED MORTGAGE PROPERTIES
Sec. 8-1982. - Purpose.
It is the intent of the city council, through the adoption of this division, to establish a
mechanism to protect neighborhoods from becoming blighted through the lack of
maintenance and security of abandoned, defaulted and/or vacant properties; to
establish a property registration program for such properties, and to set forth guidelines
for the maintenance of such properties.
Section 6. The City hereby amends Section 8-1985., "Registration" as follows:
Sec. 8-1985. - Registration.
A. Each beneficiary and trustee, who holds a deed of trust on a property located within
the city, shall perform an inspection of the property that is security for the deed of
trust upon default by the trustor prior to recording a notice of default or similar
instrument with the Orange County Recorder's Office, and must comply with Civil
Code section 2923.5, as amended from time to time.
B. If such inspection shows that the property is abandoned, the owner, beneficiary or
trustee shall, within ten (10) days of the inspection, register the property with the
city's code enforcement division on forms provided by the city.
C. If the property is occupied but distressed, the trustee and beneficiary or a designee
shall inspect the property on a monthly basis until:
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1. The trustor or another party remedies the default; or
2. The property is found to be vacant or shows evidence of vacancy, deemed
abandoned and registered subject to subsection B.
D. The registration required pursuant to subsection B. shall contain the identity of the
beneficiary and trustee, the direct mailing address (no postal box address), email
address and phone number of the beneficiary and trustee and, in the case of a
corporate or out of area beneficiary or trustee, the local property management
company, if any, responsible for the security, maintenance and marketing of the
property in question.
E. The registration pursuant to subsection B. shall be renewed annually.
F. This section shall also apply to properties that have been the subject of a foreclosure
sale wherein title has been transferred to the beneficiary of a deed of trust involved
in the foreclosure, and to any properties transferred under a deed in lieu of
foreclosure.
G. Properties subject to this chapter shall remain subject to the annual registration
requirement, security and maintenance standards of this division as long as they
remain vacant and/or abandoned.
H. Any person, partnership, association, corporation, fiduciary or other legal entity that
has registered a property under this chapter must make a written report to the city's
code enforcement division of any change of information contained in the registration
within ten (10) days of the change.
I. If the mortgage on a registrable property is sold or transferred, the new mortgagee
is subject to all the terms of this article and within five (5) days of the transfer must
register the property and pay a registration fee in accordance with this article. Any
previous unpaid annual registration fees are the responsibility of the new mortgagee
or trustee and are due and payable with their initial registration.
J. If the mortgagee owner of a foreclosed real property sells or transfers the property
to a non -arm's length related person or entity, the transferee is subject to all the
terms of this article and within five (5) days of the transfer must register the property
and pay a registration fee in accordance with this article. Any previous unpaid
annual registration fees are the responsibility of the new registrable property owner
and are due and payable with their initial registration.
K. As long as the property is registrable it shall be inspected by the mortgagee, or
designee, monthly. If an inspection shows a change in the property's occupancy
status the mortgagee shall, within ten (10) days of that inspection, update the
occupancy status of the property registration.
L. Mortgagees who have existing registerable property on the effective date of the
ordinance from which this section is derived have thirty (30) calendar days from the
effective date to register the property with the City, or its designee, on forms or
other manner as directed, and indicate whether the property is vacant or occupied.
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Section 7. The City hereby amends Section 8-1986., "Maintenance
requirements" as follows:
Sec. 8-1986. - Maintenance requirements.
It is declared a public nuisance for any person, partnership, association,
corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or
manages any abandoned property to cause, permit, or maintain any property condition
contrary to any provision of this chapter. The following maintenance standards shall
apply to any registrable property:
A. Any registrable property shall be maintained in compliance with the requirements
of this chapter and Code Chapters 16, Chapter 41, the Uniform Code for the
Abatement of Dangerous Buildings, International Property Maintenance Code
and California Health and Safety Code section 17920.3.
B. Registrable property shall be kept free of weeds, dry brush, dead vegetation,
excessive foliage growth, trash, junk, debris, building materials, any
accumulation of newspaper, circular flyers, notices (except those required by
federal, state or local law), discarded personal items including but not limited to,
furniture, clothing, large and small appliances, printed material or any other
items that give the appearance that the property is abandoned.
C. Registrable property shall be maintained free of graffiti, tagging or similar
marking in accordance with Article IV of Chapter 10 of this Code. Any removal
or painting over of graffiti shall be with an exterior grade paint that matches the
color of the exterior of the structure.
D. Visible front and side yards shall be landscaped and maintained to the
neighborhood standard. Landscaping includes, but is not limited to, grass,
ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or
bark or artificial turf/sod designed specifically for residential installation and
standards listed in section 41-609 "Landscape", and abide by the planning and
public works division landscape standards. Landscaping does not include
weeds, gravel, broken concrete, asphalt, plastic sheeting, mulch, indoor -
outdoor carpet or any similar material.
E. Pools and spas shall be kept in working order so that water remains clear and
free of pollutants, mosquito larvae, and debris, or alternatively shall be drained
and kept dry. In either case, properties with pools and/or spas must comply with
the minimum security fencing requirements set forth in Article XIII of this
chapter and minimum state standards, whichever is more restrictive.
F. Adherence to this section does not relieve the beneficiary/trustee or property
owner of obligations set forth in any covenants conditions and restrictions
and/or homeowner's association rules and regulations which may apply to the
property.
G. An enforcement official may allow exceptions to the maintenance standards set
forth in this section for registrable property that is under construction and/or
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repair, that is diligently pursued for at least three (3) business days per week,
and is undertaken in compliance with all applicable laws including but not limited
to city permitting requirements.
Section 8. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 9. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this 20th day of November, 2018.
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By:Ui/.�
Lisa Storck
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
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Councilmembers Benavides Martinez, Pulido, Sarmiento.
Solorio, Tinalero. Villegas (7)
Councilmembers None (0)
Councilmembers None (0)
Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -2957 to be the original ordinance adopted by the City
Council of the City of Santa Ana on November 20, 2018, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date: t f I 2,71 8 o -`;'D, N z
Maria D. Huizar
Clerk of the Council LJ
City of Santa Ana
Ordinance No. NS -2957
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