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HomeMy WebLinkAbout11A - ORDINANCE - ADMIN FINES AND PENALTIESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: ORDINANCE SECOND READING: AMENDING THE SANTA ANA MUNICIPAL CODE TO ALLOW THE AMOUNT OF ADMINISTRATIVE FINES AND PENALTIES TO BE SET BY RESOLUTION s C MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15t Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER On June 17, 2013, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 5-0 (Pulido and Tinajero absent): ORDINANCE NO. NS-2845 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 1 OF THE SANTA ANA MUNICIPAL CODE REGARDING SETTING THE AMOUNT OF ADMINISTRATIVE CITATION FINES AND PENALTIES FISCAL IMPACT There is no fiscal impact associated with this action. aria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS-2845 11 A-1 11 A-2 Iss6/17/13 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 1 OF THE SANTA ANA MUNICIPAL CODE REGARDING SETTING THE AMOUNT OF ADMINISTRATIVE CITATION FINES AND PENALTIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. California Government Code section 53069.4 authorizes the City, by ordinance, to make any violation of any ordinance enacted by the City subject to an administrative fine or penalty; and B. Government Code section 53069.4 authorizes the City to establish by ordinance, procedures governing the imposition, enforcement, collection and administrative review of those administrative fines or penalties; and C. The City has determined that the issuance of administrative citations tends to benefit real property located in the City by increasing the likelihood that public nuisances will be removed, thereby enhancing and protecting the public health, safety and welfare of the community; and D. The City has decided to set the amount of administrative citation fines and penalties in line with California Government Code Section 36900, which establishes maximum limits for administrative fines and penalties. Section 2. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. Section 3. Section 1-21.3 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 1-21.3. Fines (a) The amount of fines for violating provisions of the code shall be established and amended by resolution of the City Council. The schedule may include escalating fine amounts for repeat code violations occurring within specified periods of time. 11 A-3 (b) Fines are due on the day specified in the administrative citation, or in the event of an appeal, as determined by the Hearing Officer. (c) The failure of any person to pay the civil fines assessed by an administrative citation may result in the matter being referred for collection which includes but is not limited to the filing of a small claims court action and/or a special assessment and/or lien on real property. Section 4. Any provision of the Code that is inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 5. 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. 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 6. This ordinance shall become effective thirty days after its adoption by the City Council. ADOPTED this day of 2013 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura Sheedy Assistant City Attorney 11 A-4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 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 11 A-5 11 A-6