1. Adopt an ordinance amending the Santa Ana Municipal Code for additional remedies for Code Enforcement violations.

Transcription

1 L6191 CITY COUNCIL MEETING DATE: CLERIC OF COUNCIL USE ONLY: FEBRUARY 17, 2015 TITLE: ORDINANCE AND RESOLUTION REGARDING CODE ENFORCEMENT REMEDIES AND ADMINISTRATIVE FINES RELATING TO CODE VIOLATIONS STRATEGIC PLAN NO. 1, 3, 4, 5) As Recommended As Amended Ordinance on 1st Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For CONTINUED TO f0ULTii l9 7 CITY MANAGER 1. Adopt an ordinance amending the Santa Ana Municipal Code for additional remedies for Code Enforcement violations. 2. Adopt a resolution adjusting administrative fines imposed for violations of the Santa Ana Municipal Code. DISCUSSION The Santa Ana Municipal Code ( SAMC) provides that violations of the code may be criminally prosecuted as misdemeanors, punishable by fine and /or imprisonment, or infractions. For the following reasons, the proposed ordinance and resolution are recommended to approve additional administrative and civil enforcement tools for use by the City's Community Preservation inspectors to address SAMC violations. PROJECT ANALYSIS The Community Preservation Division for the City of Santa Ana's Planning & Building Agency seeks supplemental enforcement tools already used by other cities in California, to further safeguard and promote the health and safety of the Santa Ana community. Community Preservation inspectors are tasked with inspecting, analyzing, and enforcing SAMC violations to ensure compliance. The proposed Ordinance and Resolution address the following: 50A -1

2 Adopt an ordinance amending the Santa Ana Municipal Code and adopt Resolution adjusting administrative fines February 17, 2015 Page 2 1. Administrative Fines Currently, Community Preservation inspectors may issue administrative fines for SAMC violations in amounts not exceeding $ 100, $ 200, $ 500 or $ 1, 000 depending on the type and number of violations. These escalating fees, although useful, have not shown to discourage repeat or continuing SAMC violations in certain situations. The proposed Resolution would adopt different fines for different municipal code violations as similar to the City of Los Angeles. The proposed Resolution establishes administrative fines for building code and land use violations in the following amounts: ( a) not to exceed 1, 000 for the first violation, ( b) not to exceed $ 2, 500 for the second violation; and ( c) not to exceed $ 5, 000 for the third violation and all subsequent violations. Examples of building code and land use violations: a business operating in a residential zone; a vacant building being used as a banquet hall on weekends; a building that is unsafe due to general dilapidation and lack of maintenance; a building that is unsafe for habitation due to extensive work done without permits. All other administrative fines for SAMC violations deemed to be misdemeanors, will be in the following amounts: ( a) not to exceed $ 100 for the first violation, ( b) not to exceed $ 500 for the second violation; and ( c) not to exceed $ 1, 000 for the third violation and all subsequent violations. Violations codified as infractions only are in the following amounts not to exceed (a) $ 100; ( b) $ 200; and ( c) $ 500. The City of Santa Ana is a charter city and as such, it has control over its municipal affairs. The imposition of fines is considered a municipal affair. Accordingly, the City Council has the authority as a charter city to approve the imposition of fines recommended in the proposed Resolution. 2. Civil Penalties & Attorneys' Fees The Community Preservation Division routinely recommends cases to the City Attorney' s Office for civil prosecution. At present, successful civil litigation results in a temporary restraining order and /or a preliminary injunction to stop a nuisance. Amending the SAMC to allow for civil penalties and attorneys' fees in those actions for SAMC violations, will help deter continuing violations or nuisances and will allow the City to recover the cost of professional services provided by the City Attorney' s Office spent litigating civil cases. Other California cities, including the City of San Diego, seek civil penalties as part of the enforcement process. 3. Disconnection of Utilities Due to Violation of Certificate of Occupancy code provision All businesses are required to have a certificate of occupancy, which confirms that the business is operating in compliance with all codes. If a business does not have a 50A -2

3 Adopt an ordinance amending the Santa Ana Municipal Code and adopt Resolution adjusting administrative fines February 17, 2015 Page 3 certificate of occupancy, or is not operating in accordance with the certificate of occupancy, this ordinance confirms the City's ability to disconnect the utilities to such business until compliance with the certificate of occupancy requirements is obtained. Noncompliant businesses pose a threat to the health and safety, and well being of the public and to the business owners' and employees because they are operating in violation of the SAMC; example, an auto parts store operating as an auto repair shop without the proper inspection and certificate of occupancy. Although the SAMC currently allows for the disconnection of utilities in relation to a certificate of occupancy, the proposed Ordinance confirms and reinforces the Community Preservation Division' s enforcement efforts on this point. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 1 Community Safety, Goal No. 3 Economic Development, Goal No. 4 Government Financial Stability, and Goal No. 5 Community Health, Livability, Engagement and Sustainability. FISCAL IMPACT Approval of the proposed ordinance will increase the City' s ability to recover enforcement costs related to Santa Ana Municipal Code violations and the proposed resolution will increase the administrative fines collected as a result of those violations. If approved, the increase in revenue for the General Fund will create a beneficial impact for the City; however, the amount of revenue will vary from year to year depending on the number of code violations and how they are enforced. r Vince C. Frego o, AICP Interim Director bmelplanning & Building Agency City of Santa Ana Sonia R. Carvalho City Attorney City of Santa Ana Exhibits: 1. Ordinance 2. Resolution y 1 J

4 y' 1 I

5 SMS 02/ 17/ 15 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 1 AND CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE REGARDING CODE ENFORCEMENT PROVISIONS, INCLUDING CIVIL PENALTIES, RECOVERY OF ATTORNEYS' FEES, AND REMOVAL OF UTILITIES. FOLLOWS: THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS Section 1. and declares as follows: The City Council of the City of Santa Ana hereby finds, determines A. The Community Preservation Division for the City of Santa Ana' s Planning Building Agency seeks supplemental enforcement tools already used by other cities in California, to further safeguard and promote the health and safety of the Santa Ana community. Community Preservation inspectors are tasked with inspecting, analyzing, and enforcing Santa Ana Municipal Code ( SAMC) violations to ensure compliance. The proposed Ordinance provides additional enforcement tools to aid in SAMC violation enforcement, including: ( 1) Civil Penalties, ( 2) Attorney' s Fees and ( 3) the Disconnection of utilities. B. These additions are requested for various reasons. The Community Preservation Division routinely recommends cases to the City Attorney' s Office for civil prosecution. At present, successful civil litigation results in a temporary restraining order and /or a preliminary injunction to stop a nuisance. Amending the SAMC to allow for civil penalties and attorneys' fees in those actions for code violations, will help deter continuing violations or nuisances and will allow the City to recover the cost of professional services provided by the City Attorney's Office spent litigating civil cases. Additionally, all businesses are required to have a certificate of occupancy that confirms that the business is operating in compliance with the SAMC. If a business does not have a certificate of occupancy, or is not operating in accordance with the certificate of occupancy, this ordinance confirms the City' s ability to disconnect the utilities to such businesses until compliance with the certificate of occupancy requirements is obtained. Non - compliant businesses pose a threat to the health and safety, and well being of the public and to the business owner and its employees due to those violations of the SAMC or other applicable codes. 1m

6 C. This ordinance came before the City Council of the City of Santa on February 17, D. The Request for Council Action for this ordinance dated February 17, 2015, and duly signed by the City Manager, shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements. E. 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 City Charter. 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 2. Pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061( b)( 3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. As a result, a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 1-8 of Chapter 1 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec enforcement Violations general penalties; continuing violations; fines; alternative a) Criminal Violations. Unless otherwise specifically stated in this Code, it shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of this Code and where no specific penalty is provided therefor in this Code, the violation of any provision of this Code shall be punished by a fine not exceeding one thousand dollars ($ 1, ) or imprisonment for a term not exceeding six ( 6) months or by both such fine and imprisonment. However, any such violation constituting a misdemeanor under this Code may, at the discretion of the city attorney, be prosecuted as an infraction. Each day any violation of any provision of this Code shall constitute a separate offense. b) Administrative Violations. As an alter^^+ ^ ^ ^ F^ ^ re +_ oa In addition to any other remedy provided by this Code, violations of this Code may be addressed through the use of an administrative citation as set forth in sections through Use of sections through shall not prevent the use of other methods of enforcement or abatement as provided by this Code. Such methods include but are not limited to criminal and civil actions. y (I M

7 c) Civil Violations Injunctions and Civil Penalties. ii) As part of a civil action filed to enforce provisions of this Code a Section 4. Section 1-13 of Chapter 1 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec Same Abatement as Nuisance; special assessment; attorneys' fees a) Public Nuisance Abatement In addition to the penalties provided in this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code, uniform or adopted codes or any provision of State or Federal law that may be enforced by the city, shall be deemed a public nuisance and may be, by this city, summarily abated as such by filing criminal or civil actions, and each day such condition continues shall be regarded as a new and separate offense. Section 5. amended to read as follows: Section 8-95 of Chapter 8 of the Santa Ana Municipal Code is hereby Sec Certificate of occupancy ( Chapter 1, Division II, Section 111). Chapter 1, Division II, Section of the building code is amended to read as follows: 50A -7

8 I Chapter 1, Division II, Section Certificate of Occupancy 1) Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits under Section 105, 2 2) No alteration to an existing building which changes the floor area of the building or which changes the means of egress from the building shall be made until the building official has issued a certificate of occupancy therefor as provided herein. 3) No change of occupant within a building or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Exception: Group R, Divisions 2 and 3, and Group U Occupancies. 4) Code violations - Disconnection of utilities i) No building or structure shall be occupied, nor shall a iv) A building, er structure, or business whose elestrisa 4n utilities have been disconnected be shall not have the utilities reconnected with- --- elestrlcal sen G until an inspection has been made by the city's buildinc official and the building official has determined that the building lees not oonstitute an e-balld. complies with this code. code, 4 y ll m

9 v) a separate and distinct violation of this code provision. Section 6. 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 7. 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 8. This ordinance shall become effective thirty days after its adoption by the City Council. ADOPTED this day of 2015 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia. R. C alhoty nrn By. Sand f M. Schwarzmann Sen or Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: y

10 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that 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 Charier of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50A -10

11 SMS 02/ RESOLUTION NO XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING ADMINISTRATIVE FINES FOR VIOLATING PROVISIONS OF THE SANTA ANA MUNICIPAL CODE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. and declares as follows: The City Council of the City of Santa Ana hereby finds, determines A. California Government Code Section authorizes the City to make violations of the Santa Ana Municipal Code ( SAMC) subject to an administrative fine and penalty. B. Santa Ana Municipal Code Sections 1-21 through set forth the administrative citation process, which provides for notice of the violation and the opportunity to contest the citation. If the citation is continuing and pertains to building, plumbing, electrical, or other similar structural or zoning issues, and does not create an immediate danger to health and safety, the responsible person is provided sufficient time to correct the violation before a fine is imposed. C. Santa Ana Municipal Code Section ( a) authorizes the City Council to establish by resolution the amounts of fines associated with administrative citations. Section 2. The City Council hereby establishes the following fine amounts for administrative citations for violations of the SAMC: The amounts of administrative fines shall be assessed as listed below: A. Building Code Violations posing imminent hazard to health & safety. For violations regarding improvements to, or the use of, buildings, structures, or land found in local, state, or federal codes, including, but not limited to, the California Health and Safety Code ( "H &S "); the California Building Standards Code ( "CBSC ") codified in Title 24 of the California Code of Regulations; the California Building Code ( CBC "); the California Residential Code ( "CRC'); the California Fire Code ( "CFC "); the California Electrical Code ( "CEC "); the California Plumbing Code ( "CPC'); the California Mechanical Code ( "CMC "); the Uniform Housing Code ( "UHC "); the Uniform Code for the Abatement of Dangerous Buildings ( "UCADB "); and the International Property Maintenance 50A -11 Resolution No XXX Page 1 of 4

12 Code ( " IPMC"), these unlawful conditions shall be subject to administrative fines in the following amounts: ADMINISTRATIVE FINE PER DAY OF VIOLATION SAMC Violation First Second Violation Violation Third Violation and All Subsequent Violations Within 1 Year of the First Violation of the Same Code Provision Structural Not to exceed Not to exceed Not to exceed violations 1, 000 2, 500 5, 000 B, B, Land Land Use Use Violations. Violations. For For violations violations of of the the Santa Santa Ana Ana Municipal Municipal Code Code Chapters Chapters and and 41, 41, involving involving the the unauthorized unauthorized use use of of buildings, buildings, structures, structures, or or land, land, these these unlawful unlawful conditions conditions shall shall be be subject subject to to administrative administrative fines fines in in the the following following amounts: amounts: SAMC FF ADMINISTRATIVE FINE PER DAY OF VIOLATION Violation First Second Violation Violation Third Violation and All Subsequent Violations Within 1 Year of the First Violation of the Same Code Provision Zoning Not to exceed Not to exceed Not to exceed violations 1, 000 2, 500 5, 000 C. C. All All other other administrative administrative fines fines for for violations violations designated designated as as misdemeanors misdemeanors that that are are not not referenced referenced in in subsections subsections ( ( A) A) or or ( ( B) B) above, above, shall shall be be assessed assessed in in the the following following amounts: amounts: AA fine fine not not exceeding exceeding one one hundred hundred dollars dollars ($ ($ ) 00) for for aa first first violation; violation; AA fine fine not not exceeding exceeding five five hundred hundred dollars dollars ($ ($ ) 00) for for aa second second violation violation of of the the same same code code provision provision within within one one year year from from the the date date of of the the first first violation; violation; and and AA fine fine not not exceeding exceeding one one thousand thousand dollars dollars ($ ($ 1, 1, ) 00) for for each each additional additional violation violation of of the the same same code code provision provision within within one one year year from from date date of of the the first first violation. violation. 50A 50A Resolution Resolution No. No XXX XXX Page Page 22 of of 44

13 D. Notwithstanding the foregoing, administrative citation fines for violations designated as infractions and for which fine amounts are not specifically stated, shall be assessed in the following amounts: 1. A fine not exceeding one hundred dollars ($ ) for a first violation; 2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same code provision within one year from the date of the first violation; and 3. A fine not exceeding five hundred dollars ($ ) for each additional violation of the same code provision within one year from the date of the first violation. Section 3. This Resolution shall take effect on the effective date of Ordinance No. NS -XXX, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2015 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney/) By : Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: 50A -13 Resolution No, XXX Page 3 of 4

14 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D, HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date; Clerk of the Council City of Santa Ana 50A -14 Resolution No XXX Page 4 of 4