The URL can be used to link to this page

Home My WebLink AboutNS-2440 - Amending Sections Of Santa Ana Municipal Code to Prohibit the Unauthorized Painting of Public Streets or Curbs127 ORDINANCE NO. NS-2440 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 36-148, 1-18.1 AND 1- 18.2 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT THE UNAUTHORIZED PAINTING OF PUBLIC STREETS OR CURBS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The City of Santa Ana has received complaints of private individuals harassing or misleading residents to pay for the painting of street address numbers on curb surfaces. B. To address this problem, the City Council desires to grant contracts to authorized contractors for the painting of street address numbers on curb surfaces. C. Pursuant to section 1300 of the Charter of the City of Santa Ana, the City Council has the power on behalf of the City to make contracts for the painting of street addresses on curb surfaces. D. The City Council desires to prohibit all individuals not authorized by contract with the City from painting any public street or curb surfaces. E. The City Council desires to grant authority to issue citations to the Planning and Building Agency and the Public Works Agency to enforce section 36-148 of the Santa Ana Municipal Code. SECTION 2: Section 36-148 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 36-148. Unauthorized painting of curbs. No person, unless authorized by contract with this city, shall paint any public street or curb surfaces. SECTION 3: Section 1-18.1 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 1-18.1. Planning and building agency authority to issue citations. Ordinance No. NS-2440 Page 1 of 3 128 The executive director of the planning and building agency, the planning manager, the building safety manager, community preservation inspectors, code enforcement inspectors, senior building inspectors, and building inspectors have the duty to enforce the following provisions of this Code: Chapter 8, sections 10-2, 10-8, 10-16, 10-19, 10- 26, 10-27, 10-64, 10-70, 10-71, 10-89, 10-97, 10-98, 10-100, 10-140, 10-141, 10-142, 10-143, 10-150, 10-151, 10-177, 10-197, 10-203, 10-209, 10-221 through 10-238; sections 16-1, 16-2, 16-3, 16-4, 16-6, 16-34, 16-35, 16-46 through 16-60; Chapter 17; sections 18-17, 18-39, 18-40, 18-352, 18-400 through 18-420; Chapter 21; Chapter 26; section 36-148; sections 36-700 through 36-720; and Chapter 41. The above listed officers and employees also have the duty to enforce sections 27551, 27671 and 27672 of the Health and Safety Code of the State of California with respect to sales of food from vehicles. The above-listed officers and employees 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, Part 2 of the Penal Code of the State of California (commencing with Section 853.5). SECTION 4: Section 1-18.2 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 1-18.2. Public works department authority to issue citations. The director of public works, the administrative services manager, the enterprise coordinator, the environmental control supervisor, the maintenance services manager and all sanitation inspectors have the duty to enforce the provisions of sections 16-1 through 16-4, 16-30, 16-31, 16-33 through 16-37.5, 16-39, 16-48, and 36-148 of this Code; the director of public works, the maintenance services manager and the tree maintenance supervisor have the duty to enforce the provisions of sections 33-188, 33- 189 through 33-191 and 16-48 of this Code; and the director of public works, the water resources manager, the utility inspector and the water meter repairers have the duty to enforce the provisions of sections 39-26, 39-33 and 39-106 through 39-111 of this Code and the director of public works, the engineering services manager, senior civil engineer, associate engineers, assistant engineers and the construction inspectors have the duty to enforce the provisions of article IV of chapter 18 of this Code. The above-listed officers and employees 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 5 C, Title III, of Part 2 of the Penal Code of the State of California (commencing with Section 853.6). Ordinance No. NS-2440 Page 2 of 3 129 SECTION 5: All parties that contrect with the City to paint street address numbers on curb surfaces must procure a business license from the City pursuant to section 21-5 of the Santa Ana Municipal Code. However, such parties will not be required to comply with licensing requirements that apply to peddlers, solicitors and pushcarts as specified in sections 21-107, 21-108 and 21-109 of the Code. SECTION 6: If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The city council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. ADOPTED this 5th day of September , 2000. Patricia E. Healy Clerk of the Council COUNCILMEMBERS: Pulido Aye Lutz Aye Bist Aye Christy Aye Franklin Aye McGuigan Aye aoreno Absent APPROVED AS TO FORM: Joseph W. Fletcher C~ty~Att°rney A bert Y. M~ratsuchi D, eputy City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2440 to be the original ordinance adopted by the City Council of the City of Sant~'~-'~n ~~4, z-p~; and that said ordinance was published in accordance with th~ Charter of the City of Santa Ana. Date: ~5'lerk ofi~eCouncil _ v ( j City of Santa Ana L_/ Ordinance No. NS-2440 Page 3 of 3