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HomeMy WebLinkAboutNS-1774 - Amending Section of the Santa Ana Municipal Code, Repealing and Adding Section to Provide for Enforcement by Santa Ana Fire Department ...P-~L: adg 3/19/85 ORDINANCE NO. NS- 1774 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 1-18 OF THE SANTA ANA MUNICIPAL CODE, REPEALING SECTION 14-47, AND ADDING SECTION 18-1, TO PROVIDE FOR ENFORCEMENT BY THE SANTA ANA FIRE DEPARTMENT OF THE STATE LAW PROVISIONS REGULATING UNDERGROUND STORAGE OF HAZARDOUS MATERIALS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 1-18 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 1-18. Fire department authority to issue citations. Fire Department personnel have the duty to enforce the following provisions: (1) but not adopted The provisions of Chapter 14 of this Code, including, limited to the provisions of the Uniform Fire Code as and amended by Article I of said chapter; and (2) The provisions of Division 11 (commencing with Section 12000) and Division 12 (commencing with Section 13000) of the Health and Safety Code of the State of California and the reg- ulations adopted by the State Fire Marshal pursuant to said divisions; and (3) The provisions of Chapter 6.7 25280) of Division 20 of the Health and of California and Section 24800 of said as it pertains to said Chapter 6.7; (commencing with Section Safety Code of the State Health and Safety Code and are 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 California (commencing with Section 853.6). ORDINANCE NO. NS- 1774 PAGE TWO SECTION 2: That Section 14-47 of the Santa Ana Municipal Code is hereby repealed. SECTION 3: That the Santa Ana Municipal Code amended by adding a Section, to be numbered 18-1, section reads as follows: is hereby which said Sec. 18-1. Underground storage of hazardous materials. Pursuant to Section 25283 of the Health and Safety Code of the State of California, the City of Santa Ana assumes responsi- bility for the implementation of Chapter 6.7 (commencing with Section 25280) of Division 20 of the said Health and Safety Code and designates the Santa Ana Fire Department as the local agency responsible for administering and enforcing said Chapter. The Fire Chief is authorized to establish rules and regulations as necessary or convenient for such administration and enforcement. SECTION 4: In adopting this Ordinance, it is the intent of the City Council of the City of Santa Ana to terminate any exemption from the provisions of Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code of the State of California which the City of Santa Ana may have obtained pursuant to Section 25299.1(a) of said Health and Safety Code. SECTION 5: Each person who submits an application for a permit to operate an underground storage tank or to renew or amend such a permit shall pay a fee consisting of a city fee and a State surcharge determined as follows: (a) Until otherwise established by resolution of the city council, the city fee shall be as follows: 1. Original Application/Plan Check - Tank Inspection Flammable Liquid - 1-3 tanks $75.00 Each additional tank 25.00 Hazardous Chemicals, per tank 75.00 ORDINANCE NO. NS-1774 PAGE THREE 2. Tank Removal 1 to 3 tanks $25.00 Each additional tank 10.00 Field Inspection - first 3 hours 50.00 Each additional hour or 25.00 fraction thereof Annual Permit/I~spection Flammable Liquids 1-3 tanks 45.00 Each additional tank 15.00 Hazardous Chemicals - 75.00 first tank Each additional tank 25.00 Inspection(s) Resulting from leaks or Unauthorized Discharge. First 3 hours Each additional hour or fraction thereof 50.00 25.00 (b) The State surcharge shall be equal to the amount determined annually by the State Legislature pursuant to Section 25287(b) of the Health and Safety Code of the State of California. 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 or 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 uncon- stitutional. ORDINANCE NO. NS- 1774 PAGE FOUR SECTION 7: 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 9f the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any cash deposit in lieu thereof, re- quired to be posted, filed or deposit pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ATTEST: ADOPTED this 20th day of May , 1985 Daniel E. Griset Mayor Janic% C. Guy Clerk of the Council COUN CI LMEMBE RS: Griset Aye Acosta Aye Hart Aye Johnson Aye Luxembourger ~ McGuigan. Aye Young ~ APPROVED AS TO FORM: City At torT~