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HomeMy WebLinkAboutNS-1655ORDINANCE NO. NS-1655 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE V, CONSISTING OF SECTIONS 39-80 THROUGH 39-83, TO CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE AND REPEALING ARTICLE VII, CONSISTING OF SECTIONS 35-200 THROUGH 35-203, OF CHAPTER 35, TO RELOCATE AND REVISE THE PROVISIONS FOR A SANITATION SERVICES USERS CHARGE REL:jd 7/16/82 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding an article, to be numbered V, of sections numbered 39-80 through 39-83, to consisting chapter 39 thereof, which said article reads as follows: ARTICLE V. SANITATION SERVICES USERS CHARGE Sec. 39-80. Purpose The purpose of this article is to provide a charge for use of sewer maintenance and street sweeping services provided by the City, and it is not intended either as a general revenue measure or as a regulation. Sec. 39-81. Establishment of service charge. The City shall make a monthly charge to each res- idential, commercial, industrial, manufacturing or other unit which is located within any sewer district or district serviced by a public sewer for the maintenance and improve- ment of the sewage collection system and for street cleaning services. Such charge shall be in such amount as set by resolution of the City Council. Sec. 39-82. Persons obligated. The customer of record or occupant of each place or premises shall be liable for payment of all charges as set forth in this article. Should the customer of record or occupant of any place or premises fail to pay all such charges before such sum becomes delinquent, as provided in section 39-23 of this Chapter, then in either of such events the property owner of record of such place or premises shall be liable for the payment of all such charges. I ORDINANCE NO. NS-1655 Page two Sec. 39-83. Payment of bills and penalties. (a) Date payment due. Bills for the charges made pursuant to this article, and penalties, if any, are due and payable at the department of finance in the City Hall on the date of billing and become delinquent fifteen (15) days after the date of such billing. (b) Penalties. A penalty of ten (10) percent shall be assessed on all unpaid 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 de- posited with the United States Postal Service, properly addressed with prepaid postage affixed thereto. SECTION 2: That Article VII of Chapter 35 of the Santa Ana Municipal Code, and Sections 35-200 through 35- 203 therein, are hereby repealed. SECTION 3: Ail charges, penalties, and lia- bilities incurred pursuant to former Article VII of Chapter 35 of the Santa Ana Municipal Code prior to the effective date of this ordinance shall be deemed charges, penalties and liabilities incurred pursuant to Article V of Chapter 39 of the said Code thereafter. SECTION 4: Ail revenues collected pursuant to former Article VII of Chapter 35 of the Santa Ana Municipal Code prior to the effective date of this ordinance shall be deemed revenues collected pursuant to Article V of Chapter 39 of the said Code thereafter. SECTION 5: In the event that a resolution of the City Council setting the amount of the service charge pursuant to Section 39-81 of the Santa Ana Municipal Code has not been adopted as of the effective date of this or- dinance, the service charge set by former Section 35-201 of the said Code, as it read immediately prior to such effective date, shall continue in effect until the adoption of such resolution. SECTION 6: 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. ORDINANCE NO. NS- 1655 Page three 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 unconstititutional. ADOPTED this by the following vote: 1st day of November , 1982 ATTEST: COUNCILMEMBERS: Bricken A_~? Luxembourger _A~en__t Acosta A.yg~- Serrato ~ye___. Griset Ayes_ Markel A_~ McGuigan Aye APPROVED AS TO FORM: City Attorney