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HomeMy WebLinkAboutNS-1417REL/fm 3/27/78 ORDINANCE NO. NS-1417 AN ORDINANCE OF THE CITY OF SANTA ANAAMEND- ING SECTION 8-1156 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTIONS 8-1160 AND 8-1161 THERETO TO ADOPT THE UNIFORM HOUSING CODE, 1976 EDITION THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: That section 8-1156 of the Santa Aha Municipal Code, is hereby amended to read as follows: Sec. 8-1156. Adoption by reference. There is adopted by the City that certain Code known as the Uniform Housing Code, 1976 Edition, and the whole thereof, save and except such portions as are deleted by the amendments set forth in this article, of which said Code not less than three (3) copies have been and are on file in the Office of the Clerk of the Council of the City. The said Code is adopted and incorporated as fully as if set forth at length herein as provided for in Section 419 of the Charter of the City, and, subject to all amendments set forth in this article, shall be in effect within the City of Santa Ana from the effective date of this ordinance. Any provision of this article amending the "Housing Code" or "Uniform Housing Code" shall be construed as amending the said adopted Code, 1976 Edition, including such provisions enacted prior to the enactment of this ordinance and not thereafter repealed. The said adopted Code, 1976 Edition, as thus amended, together with all other provisions of this article, shall be known as the Housing Code of the City of Santa Ana. SECTION 2: That the Santa Aha Municipal Code, is hereby amended by adding a section, to be numbered 8-1160, which said section reads as follows: Sec. 8-1160. Authority (Section 201(a)). Section 201(a) of the Uniform Housing Code is amended to read as follows: Authority. The Building Official is hereby authorized and directed to administer and enforce all of the provisions of this Code and the Health Officer shall enforce those portions of the Code as they apply to sanitation, maintenance, ventilation, use or occupancy. SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 8-1161, which said section reads as follows: Sec. 8-1161. Right of entry (Section 201(b)). Section 201(b) of the Uniform Housing Code is amended to read as follows: Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Building Official, the Health Officer or their authorized representatives have reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises substandard as defined in Section 202 of this Code, the Building Official, the Health Officer or -1- ORDINANCE NO. NS-1417 PAGE TWO their authorized representatives may enter such build- ing or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official or the Health Officer by this code; provided that if such building or premises be occupied, they shall first present proper credentials and demand entry; and if such building or premises be unoccupied, they shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, the Health Officer or their authorized representatives shall have recourse to every remedy provided by law to secure entry. No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to properly permit entry therein by the Building Official, the Health Officer or their authorized representatives for the purpose of inspection and examination pursuant to this code. Any person vio- lating this sub-division shall be guilty of a misdemeanor. SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the de- cision 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 5: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED, this by the following vote: AYES: NOES: 17th day of April , 1978, ABSENT: ATTEST: FLORENCE I. MALON~ COUNCILMEN: Yamamoto, Garthe, Bricken, 0rtiz.'., Evans, Bricken, Ward COUNCIL~IEN: None COUNC ILME~i~ e ~ MAYOR APPROVED AS TO FORM: -2-