HomeMy WebLinkAboutNS-2520 - Municipal Code Regarding the Public Works Agency Authority to Issue CitationsORDINANCE NO. NS-2520
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 1-18.2 OF THE SANTA ANA
MUNICIPAL CODE REGARDING THE PUBLIC WORKS
AGENCY AUTHORITY TO ISSUE CITATIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: The City Council hereby finds, determines and declares:
The Santa Ana Municipal Code provides general as well as specific
authority to the Public Works Agency to issue citations for violations of
various Chapters of the Santa Ana Municipal Code.
Santa Ana Municipal Code Section 1-18.2 provides the Public Works
Agency the specific authority to issue citations for violating specific
provisions of the Code.
c~
The Public Works Agency currently is responsible for the enforcement of
various sections of the Santa Ana Municipal Code.
Currently the Public Works Agency is responsible for enforcing sections 10-
26, 10-27, 10-71 and 10-100 (Crimes and Miscellaneous Law
Enforcement Provisions) section 18-17 (Health and Sanitation) sections
33-30, 33-60, 33-62, 33-152, 33-157, 33-162, and 33-192 (Streets,
Sidewalks and Public Works) section 36-45 and 36-46 (Traffic) of the
Santa Ana Municipal Code. However, Public Works does not currently
have the ability to issue citations pursuant to 1-18.2 for violating these
sections.
Providing the Public Works Agency the authority to issue citations for
violating sections of the Santa Ana Municipal Code they are responsible for
enforcing will supply additional resources to the City's enforcement efforts.
Section 1-18.2 identifies specific positions/titles within the Public Works
Agency t responsible for issuing citations for violations of specific sections
of the Santa Ana Municipal Code.
Over the years, positions/titles have been re-titled within the Public Works
Agency. When positions/titles are re-titled, the positions/titles that were
responsible for enforcing the code are eliminated.
]~) As part of a continuous improvement process, there is a need to update
Ordinance No. NS-2520
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section 1-18.2 to provide the Executive Director of the Public Works Agency
the authority to enforce the enumerated provisions of the code contained in
section 1-18.2 and the ability to delegate this enforcement authority to
Public Works Staff.
All provisions of the Santa Ana Municipal Code which are repeated herein
are repeated solely in order to comply with the provisions of section 418 of
the Charter of the City of Santa Ana. Any such restatement of existing
provisions of the Code is not intended, nor shall it be interpreted, as
constituting a new action or decision of the City Council, but rather such
provisions are repeated for tracking purposes only in conformance with the
Charter.
SECTION 3: That Section 1-18.2 of Article II of Chapter 1 of the Santa Aha
Municipal Code is hereby amended to read as follows (additions to existing code shown
in underline and deletions in strike-out):
Sec. 1-18.2. Public works --.c;_-.-tm..c.-:t agency authority to issue citations.
The executive director of public works agency or his designee, thc
ad ............... cc.":'.cc.~ mcncgcr, thc '--" ........... 4;....,... ~. ..... ; ...... ,..,
.,,~,........,..; ..... *"-- ,,_..." .... has the duty to enforce the provisions of sections 10-26, 10-27,
10-71 and 10-100, 16-1 through 16-4, 16-30, 16-31, 16-33 through 16-37.5, 16-
39, 16-48, 18-17,.~,,.~""'~ 36-148, of *~':~.,.... Code; *""..,...~:rv...... '~' "-*"- cf p...,.v"~":" '-'~'~"...., ...., *~'~., ...
'~"* .... ~ ....*~' ...... :"~""" cf """*~""" 33-30, 33-60, 33-62, 33-152, 33-157,
· ~ ,~ ,.~ tc ............ ~, ...................
33-162, 33-188, 33-189 through 33-19-1-2, 3645 36-46,_,,_""'~ !5 ~.8 v."~
cf ccct!cnc 39-26, 39-33 and 39-106 through 39-111, of thic Ccdc c.".d thc
· ~'"..,.. _....'""*" '".....,,,.......~"~ .... *~'".,,.. provisions of article IV of chapter 18 af this Code. The
Executive Director of the Public Works Agency or his designee ."-bc';c
................ ~...,.~,.,..,.., CFC :S 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 50, Title III, of part 2 of the
Penal Code of the State of California (commencing with Section 853.6
SECTION 3: 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
Ordinance No. NS-2520
Page 2 of 4
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 4: 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 6t._~.h day of January, 2003.
r~r' Pulidcl,
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Michael ~iglio'~ta I v
Deputy City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Alvarez, Bist, Christ),, Franklin, Garcia, Pulido,
Solorio (7)
Councilmembers: None (0)
Councilmembers: None (0)
Councilmembers: None (0)
Ordinance No. NS-2520
Page 3 of 4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-2520 to be the original ordinance adopted by the City
Council of the City of Santa Ana on January 6, 2003, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2520
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