Santa Ana Municipal Code § 1-10 Same—Administrative provisions

The ordinances embraced in the following chapters and sections shall constitute and be designated the "Santa Ana Municipal Code" and may be so cited.

Charter reference— Authority to codify ordinances, § 419.

State Law reference— For authority of cities to adopt codes by reference, procedure for adoption and amending, see §§ 50022.1—50022.8, Gov. Code.

The provisions of this Code and all proceedings under it are to be construed to effect its objects and to promote justice.

In the construction of this Code, and of all ordinances, the following rules shall obtain, unless the context clearly indicates otherwise:

State. The words "the state" or "this state" shall mean the State of California.

County. The words "the county" or "this county" shall mean the County of Orange, in the State of California.

City. The words "the city" or "this city" shall be construed as if the words "of Santa Ana, California" followed it and shall extend to and include its several departments, commissions, agencies, officers, agents and employees.

Amendments. Whenever a reference is made to any portion of this Code, or to any ordinance of this city, the reference applies to all amendments and additions thereto.

City council. Whenever the words "city council" or "the council" are used, they shall mean the city council of the City of Santa Ana.

City officials, boards, or commissions, etc. Whenever reference is made to officials, boards, commissions or other such bodies by title only, i.e., "clerk of the council," "personnel board," etc., they shall refer to the officials, boards, commissions, etc., of the City of Santa Ana. Whenever a power is granted to, or a duty is imposed upon a public officer, or employee, the power may be exercised, or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise.

Code. Wherever reference is made herein to "the Code" or "this Code," e.g., in section 1-8 providing a penalty for violation of the Code, it shall include any secondary Code adopted by reference the same as though such secondary Code had been set forth in full in this Code of Ordinances.

Computation of time. Whenever a notice is required to be given or an act to be done, a certain length of time before any proceedings shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Goods includes wares and merchandise.

Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any specific provision of the Code imposes greater restrictions upon the subject matter than the general provisions imposed by this Code or any secondary Code adopted by reference, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

Numbering system. The number to the left of the hyphen shall refer to the chapter number, and the number to the right of the hyphen shall refer to the section within the chapter.

Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

Operate includes carry on, keep, conduct or maintain.

Or, and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, co-partnerships of the whole or of a part of such building or land, or a person having an interest in community property as a member, or former member, of the community.

Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships, co-partnerships and bodies politic and corporate as well as to individuals, including the officers of such associations, corporations, etc.

Personal property includes every species of property except real property.

Sale includes any exchange or barter.

Shall, may. "Shall" is mandatory and "may" is permissive.

Street [1] includes all highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in the English language unless it is expressly provided otherwise.

(Code 1952, §§ 1300, 1304—1306, 1309—1317, 1319—1326)

Charter reference— For rules of construction of terms used in the charter, see § 1502.

Footnotes:

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Cross reference— Definition of "streets and other public property in the city" as used in the punishment provisions, § 1-9; definition of "streets" for zoning purposes, § 41-154; definition for CATV purposes, § 15-250.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be the titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted.

(Code 1952, § 1301)

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed.

The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declare unconstitutional, invalid, illegal or unenforceable for any reason, by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity, illegality or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

All ordinances passed subsequent to passage of this Code which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions may be excluded from said Code by omission from reprinted pages.

Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section _____ of the Santa Ana Municipal Code, is hereby amended to read as follows: …" The new provisions shall then be set out in full as desired.

In the event a new section not heretofore existing in the Code, is to be added, the following language shall be used: "That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered _____, which said section reads as follows: …" The new section shall then be set out in full as desired.

All sections, articles, chapters or provisions desired to be repealed must be specifically repealed by section, article or chapter number, as the case may be.

Charter reference— For requirement that amendatory ordinances set forth the new section in full, see § 418.

Cross reference— For explanation of the numbering system, see the Preface.

It shall be unlawful for any person, firm or corporation in the city to change or amend by additions or deletions, any portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Santa Ana to be misrepresented thereby.

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 ($1,000.00) 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 his or her discretion, be prosecuted by the city attorney and cited by the issuing officer as an infraction. Each day any violation of any provision of this Code shall continue shall constitute a separate offense.

As an alternative enforcement method, violations of this Code may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9. Use of sections 1-21.1 through 1-21.9 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.

(Code 1952, § 1200; Ord. No. NS-1799, § 1, 10-14-85; Ord. No. NS-2423, § 2, 4-17-00; Ord. No. NS-2674, § 2, 2-7-05; Ord. No. NS-2876, § 3, 3-13-15; Ord. No. NS-2882, § 3, 9-1-15)

Editor's note— Ord. No. NS-2882, § 3, adopted September 1, 2015, amended § 1-8 to read as set out herein. Previously § 1-8 was titled "Violations—General penalties; continuing violations; fines; alternative enforcement."

Charter reference— For authority, see § 420; similar punishment for violating charter, § 1501.

State Law reference— For authority to make and enforce local, police, sanitary and other regulations not in conflict with general laws, see § 11, art. 11, Const.

Persons confined in the city jail under a final judgment of imprisonment for violation of any ordinance may be required by the chief of police to perform labor on the streets or other public property or works within the city.

For the purposes of this section the phrase "streets or other public property or works within the city" shall include, among other things, clerical and menial labor in the city jail, or in any camp maintained for the labor of such persons on the streets or other public property or works within the city.

(Code 1952, §§ 1202, 1203)

The violation of any administrative provisions of this Code by any officer or employee of the city may be deemed a failure to perform the duties under, or to observe the rules and regulations of the department, office or board, within the meaning of the civil service ordinances and rules and regulations of the city.

(Code 1952, § 1204)

This Code shall refer only to the omission or commission of acts within the territorial limits of the city and to that territory outside of the city over which the city has jurisdiction or control by virtue of the constitution, or any law, or by reason of ownership or control of property.

(Code 1952, § 1302)

Whenever in this Code any act or omission is made unlawful, the permitting, suffering, or concealing such act or omission shall each constitute a separate offense.

(Code 1952, § 1303)

(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.

(b) Recovery of attorneys' fees authorized. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its reasonable attorneys' fees, provided that the city elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the judicial action or administrative proceeding. A judicial action includes, but is not limited to, any civil or criminal action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. "Abatement" shall include any action taken by the city to cause or otherwise obtain compliance with this municipal code or other codes, as specified herein, even if the violation is ultimately corrected by the violator. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this section.

(Code 1952, § 1201; Ord. No. NS-2876, § 4, 3-13-15)

Editor's note— Ord. No. NS-2876, § 4, adopted March 13, 2015, amended the title of § 1-13 to read as set out herein. Previously § 1-13 was titled "Same—Abatement as nuisance."

Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified, or by deposit thereof in the United States mail, in a scaled envelope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

(Code 1952, § 1307)

Proof of giving any notice may be made by the certificate of any officer or employee of the city, or by affidavit of any person over the age of eighteen (18) years, which shows service in conformity with this Code, or other provisions of law applicable to the subject matter concerned.

(Code 1952, § 1308)

Any person arrested for violation of a city ordinance and imprisoned pending trial, and any person sentenced to imprisonment for a violation of a city ordinance shall be imprisoned in the county jail of Orange County.

(Code 1952, § 3805; Ord. No. NS-192, § 1, 7-2-56)

(a) Except as otherwise provided herein, conviction (including pleas of guilty and nolo contendere) of an applicant, if an individual, or any officer or director or ten (10) percent shareholder of a corporation, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, of a felony or of a misdemeanor involving moral turpitude or any activity related to the business or occupation for which the license or permit is sought, shall be prima facie disqualification of an application for the following city licenses or permits:

(1) Bingo;

(2) Public dancing;

(3) Peep show;

(4) Massage establishment; massage technician;

(5) Pawnbrokers, secondhand dealers;

(6) Charitable solicitation;

(7) Pool and billiard games;

(8) Companies and individuals engaged in operating vehicles for hire, including, but not limited to taxicabs and ambulances;

(9) Figure model; figure model studio.

(b) The city licensing authority, however, may disregard such conviction if it is found and determined by such licensing authority that mitigating circumstances exist. In making such determination, the city licensing authority shall consider the following factors:

(1) The type of license or permit for which the person is applying;

(2) The nature and seriousness of the offense;

(3) The circumstances surrounding the conviction;

(4) The length of time elapsed since the conviction;

(5) The age of the person at the time of the conviction;

(6) The presence or absence of rehabilitation or efforts at rehabilitation;

(7) Contributing social or environmental conditions.

(c) The city licensing authority shall give notice of disqualification to an applicant disqualified under this provision. Such notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application and shall specify the reason or reasons for disqualification, including, but not by way of limitation, the conviction or convictions deemed disqualifying by the licensing authority. An applicant who is disqualified for a city license or permit may appeal such determination of disqualification pursuant to the uniform hearing and appeal procedure set forth in Chapter 3 of this Code.

(d) Pursuant to Sections 11105 and 13300 of the Penal Code of the State of California, the following officers of the city are hereby authorized to have access to and utilize state summary criminal history information and local summary criminal history information:

(1) City manager;

(2) Assistant city manager;

(3) Chief of police;

(4) City attorney;

(5) Members of the city council;

(6) Hearing officers appointed by the city council.

(e) The provisions of this section shall supplement those provisions of the Code requiring the licenses and permits set forth in subsection (a) of this section.

(Ord. No. NS-1357, § 1, 5-24-77; Ord. No. NS-1437, § 1, 8-21-78)

Fire department personnel have the duty to enforce the following provisions:

(1) The provisions of Chapter 14 of this Code, including, but not limited to the provisions of the Uniform Fire Code as adopted 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 regulations adopted by the state fire marshal pursuant to said divisions;

(3) The provisions of Chapter 6.7 (commencing with section 25280) of Division 20 of the Health and Safety Code of the State of California and Section 24800 of said Health and Safety Code as it pertains to said Chapter 6.7; and

(4) The provisions of Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code of the State of California and Section 24800 of said Health and Safety Code as it pertains to said Chapter 6.95;

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 of California (commencing with Section 853.6).

(Ord. No. NS-1689, § 1, 7-5-83; Ord. No. NS-1727, § 3, 4-16-84; Ord. No. NS-1774, § 1, 5-20-85; Ord. No. NS-1857, § 2, 7-21-86)

Note— Ord. No. NS-1412, § 1, amended this Code by adding provisions designated as § 1-18 which provisions were redesignated by the city as § 1-20 inasmuch as § 1-18 had already been added to the Code by Ord. No. NS-1380, enacted Jan. 16, 1978.

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, 10, 16-18, 21, 26, 36, 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 shall also have the duty to enforce permit parking districts established by the city. 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).

(Ord. No. NS-1689, § 2, 7-5-83; Ord. No. NS-2133, § 2, 7-15-91; Ord. No. NS-2212, § 5, 1-18-94; Ord. No. NS-2241, § 2, 10-5-94; Ord. No. NS-2251, § 4, 6-5-95; Ord. No. NS-2294, § 2, 11-18-96; Ord. No. NS-2440, § 3, 9-5-00; Ord. No. NS-2655, § 2, 7-6-04; Ord. No. NS-2701, § 9, 11-7-05; Ord. No. NS-2901, § 2, 6-21-16)

The executive director of public works agency or his designee 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, 33-30, 33-60, 33-62, 33-152, 33-157, 33-162, 33-188, 33-189 through 33-192, 36-45, 36-46, 39-24, and 39-106 through 39-111, chapter 17 and provisions of article IV of chapter 18 of this Code. The executive director of the public works agency or his designee is 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 of California (commencing with Section 853.6).

(Ord. No. NS-1689, § 3, 7-5-83; Ord. No. NS-2207, § 1, 11-1-93; Ord. No. NS-2328, § 27, 7-21-97; Ord. No. NS-2414, § 7, 12-20-99; Ord. No. NS-2440, § 4, 9-5-00; Ord. No. NS-2520, § 3, 1-6-03; Ord. No. NS-2670, § 3, 11-15-04; Ord. No. NS-2720, § 4, 8-7-06; Ord. No. NS-2921, § 10, 8-1-17)

The director of recreation, parks and community services and park rangers employed within the department of recreation, parks and community services have the duty to enforce the provisions of Chapter 31 and Article VIII of Chapter 10 of this Code where the director has maintenance responsibility, 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 such 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, such 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 of California (commencing with Section 853.6).

(Ord. No. NS-1689, § 4, 7-5-83; Ord. No. NS-2160, § 2, 8-3-92)

The executive director of the community development agency or designee has the duty to enforce the following provisions of this Code: sections 10-26, 10-27, 10-100, 10-141, 10-142, 16-1—16-6, 26-6, 36-130—36-138, and 41-1020—41-1040. The executive director of the community development agency or designee is 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, the executive director of the community development agency or designee 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).

(Ord. No. NS-2644, § 2, 3-15-04)

Editor's note— Ord. No. NS-2644, § 2, adopted March 15, 2004, amended § 1-18.4 in its entirety to read as herein set out. Formerly, § 1-18.4 pertained to downtown development manager authority to issue citations and derived from Ord. No. NS-2179, § 1, adopted December 7, 1992.

(a) Limitations on action. Any action or proceeding to attack, review, set aside, void or annul any decision made pursuant to this Code relating to any right or entitlement allowed or authorized by this Code, including, but not limited to, conditional use permits, variances, minor exception, code compliance certificate, certificates of appropriateness, interpretations of the planning manager, and each and every other permit, entitlement, revocation, or grant allowed or authorized by this Code, and decisions to change a district classification, or use or development regulation, or concerning any of the proceedings, acts, or determinations taken, done, or made prior to such decision, or to determine the reasonableness, legality, or validity of any condition attached thereto shall not be maintained by any person unless the action or proceeding is commenced within ninety (90) days and the board or final decision-maker is served within one hundred twenty (120) days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of the decision or of the proceedings, acts, or determinations. Provided, however, that challenges to determinations made pursuant to the California Subdivision Map Act shall be governed by the provisions of Government Code § 65499.37, as it may be amended from time to time.

(b) Exhaustion of administrative remedies. Nothing in this section shall relieve a person desiring to attack, review, set aside, void, or annul any decision or the proceedings, acts, or determinations taken, done, or made prior to such decision from their obligation to exhaust their administrative remedies prior to commencing any action or proceeding.

(c) Limitations on issues. In an action or proceeding to attack, review, set aside, void or annul a finding, determination, or decision made pursuant to this title at a properly noticed public hearing, the issues raised shall be limited to those raised in the public hearing or in written correspondence delivered to the city prior to, or at, the public hearing, except where the court finds either of the following:

(1) The issue could not have been raised at the public hearing by persons exercising reasonable diligence;

(2) The body conducting the public hearing prevented the issue from being raised at the public hearing.

These limitations shall apply only if the public notice issued pursuant to this title contains substantially the notice set forth in Government Code § 65009(B)(2), or in any successor section enacted after the effective date of this section.

(d) Notice of determination. Notice of the decision-maker's decision and its written findings shall be mailed by first class mail, postage prepaid and including a copy of an affidavit or certificate of mailing, to the applicant and any interested person. Such notice shall include direct notice that the time within which judicial review of the decision must be sought is governed by Civil Procedure Code § 1094.6.

(e) Cost of preparation. The actual cost of preparing the record, including, but not limited to, exhibits and transcripts, shall be borne by the person requesting the record. No written request for a record of proceedings shall be deemed filed with the city unless and until such person has deposited with the city the estimated cost of preparation thereof, as determined by the officer responsible for such preparation, with the difference, if any, from actual costs to be paid or refunded at the time of delivery of the record to such person.

(Ord. No. NS-1391, § 1, 11-21-77; Ord. No. NS-1569, 3-16-81; Ord. No. NS-1676, § 1, 4-4-83; Ord. No. NS-2373, § 9, 12-7-98)

(a) In any prosecution for violation of section 41-1301 against the registered owner of a motor vehicle or vessel, proof that the particular vehicle or vessel described in the complaint was in violation of such section, together with proof that the defendant named in the complaint was at the time the registered owner of the vehicle or vessel, shall constitute prima facie evidence that the registered owner of the vehicle or vessel was the person who placed the vehicle or vessel at the point, where, and for the time during which, the violation occurred. The foregoing provisions shall apply only when the notice procedure as established by California Vehicle Code Section 40200 et seq., as the same now reads or may hereafter be amended, is complied with.

(b) Any charge under section 41-1301 shall be dismissed when the person charged has made a bona fide sale or transfer of the vehicle or vessel and has delivered possession thereof to the purchaser and has complied with the requirements of subdivision (a) or (b) of Section 5602 or subdivisions (a) or (b) of Section 9905 of the California Vehicle Code prior to the date of the alleged violation and has advised the court of the name and address of the purchaser, and of the date of sale.

(Ord. No. NS-1412, § 1, 4-17-78; Ord. No. NS-2152, § 1, 12-2-91)

Editor's note— Ord. No. NS-1412, § 1, amended this Code by adding provisions designated as § 1-18 which provisions were redesignated by the city as § 1-20 inasmuch as § 1-18 had already been added to the Code by Ord. No. NS-1380, enacted Jan. 16, 1978.

(a) Responsible person. A responsible person is any of the following:

(1) A person who causes a Code violation to occur.

(2) A person who maintains or allows a Code violation to continue, by his or her action or failure to act.

(3) A person whose agent, employee, or independent contractor causes a Code violation by its action or failure to act.

(4) A person who is the owner of, and/or a person who is a lessee or sub lessee with the current right of possession of, real property where a property-related Code violation occurs.

(5) A person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities of such premises.

For the purposes of this section "person" includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.

(b) Enforcement officer. Any police officer or city employee or agent of the city designated by the director of any city department which has the authority and responsibility to enforce provisions as set forth in sections 1-18 through 1-18.4 and section 5.2 of this Code.

(Ord. No. NS-2423, § 3, 4-17-00; Ord. No. NS-2484, § 2, 12-3-01)

The procedures established in this section may be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the Municipal Code. The use of the administrative citation in place of other remedies shall be at the sole discretion of the enforcement officer. Issuance of an administrative citation shall not be deemed a waiver of any other enforcement remedies found within this Code.

(Ord. No. NS-2423, § 3, 4-17-00)

(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.

(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.

(Ord. No. NS-2423, § 3, 4-17-00; Ord. No. NS-2845, § 3, 7-1-13)

If an administrative citation is issued for a violation which is continuing and pertains to building, plumbing, electrical, or other similar structural or zoning issues and which does not create an immediate danger to health and safety, a reasonable period of time shall be given to the responsible party to correct the violation. If the violation is remedied prior to the expiration of the correction period no fine shall be imposed.

(Ord. No. NS-2423, § 3, 4-17-00)

Each administrative citation shall contain the following information:

(1) Date, approximate time, and address or definite description of the location where the violation(s) was observed;

(2) The Code sections or conditions violated and a description of the violation(s);

(3) The amount of the fine for the violation(s);

(4) An explanation of how the fine shall be paid and the time period by which it shall be paid;

(5) Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;

(6) The name and signature of the enforcement officer issuing the citation; and

(7) If the violation is one which is continuing, an order to correct the violation and an explanation of the consequences for failing to correct the violation.

(Ord. No. NS-2423, § 3, 4-17-00)

In any case where an administrative citation is issued:

(1) Personal service. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.

(2) Service of citation by mail. If the enforcement officer is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned.

(Ord. No. NS-2423, § 3, 4-17-00)

Upon receipt of a citation, the responsible person must do the following:

(1) Pay the fine to the city within fifteen (15) days from the date of the citation. All fines assessed shall be payable to the Santa Ana Finance Department. Payment of a fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the city.

(2) If the violation was one which pertained to building, plumbing, electrical, or other similar structural or zoning issues and did not create an immediate danger to health and safety and was corrected within the time given no fine shall be imposed. If the responsible person fails to correct such violation all fines must be paid within fifteen (15) days of the correction date and subsequent administration citations may be issued for the same violation.

(Ord. No. NS-2423, § 3, 4-17-00)

(1) Time to file an appeal. Any recipient of an administrative citation may contest that there was a violation of the Santa Ana Municipal Code or that he or she is the responsible person by completing a "request for hearing" form and returning it to the city within fifteen (15) days from the date the administrative citation is served or deemed to have been served, together with an advanced deposit of the fine. Such "request for hearing" forms shall be made available at no charge by the planning and building agency. A failure to file a timely "request for hearing" shall be deemed a waiver of the right to appeal the citation and to seek judicial review.

(2) Return of deposit. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

(3) Hearing officer. The Santa Ana City Manager shall designate the hearing officer for the administrative citation hearing.

(4) Hearing procedure.

a. No hearing to contest an administrative citation before a hearing officer shall be held unless and until a timely "request for hearing" form has been completed and submitted, and, the fine has been deposited in advance.

b. After receipt of the "request for hearing" and fine deposit, a hearing before the hearing officer shall be set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the "request for hearing" is filed in accordance with the provisions of this section. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. The failure of any recipient of an administrative citation to appear at the hearing shall constitute a forfeiture of the fine and be a bar to judicial review of the hearing officer decision based upon a failure to exhaust administrative remedies.

c. The hearing officer shall only consider evidence that is relevant to whether the violation occurred and whether the responsible person has caused or maintained the violation of the municipal Code on the date(s) specified in the administrative citation.

d. The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

e. The administrative citation and any additional document submitted by the issuing officer/employee shall constitute prima facie evidence of the respective facts contained in those documents. Formal rules of evidence shall not apply.

f. Upon request, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the issuing officer/employee when issuing the citation. In addition, if the issuing officer/employee submits any additional written reports concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of said documentation also shall be served by mail on the person requesting the hearing.

g. The hearing officer may continue the hearing and request additional information from the issuing officer/employee or the recipient of the administrative citation prior to issuing a written decision.

(5) Hearing officer's decision. After considering all of the testimony and evidence submitted at the hearing, the hearing officer may immediately issue a verbal decision or may issue a written decision within ten (10) days of the hearing. The decision shall include the reasons for the decision and such decision shall be final. If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city. If the hearing officer determines that the administrative citation should be canceled and the fine was deposited with the city, then the city shall promptly refund the amount of the deposited fine.

(6) Collection of unpaid fines. Failure to pay the assessed administrative fine within fifteen (15) days or such other time limit set forth in the administrative citation, and/or has not been successfully challenged by a timely appeal as provided in section 1-21.9, this obligation shall constitute a special assessment and/or lien against the real property on which the violation occurred. The special assessment and/or lien shall be imposed pursuant to the procedure set forth in Chapter 17, Article III of this Code. Alternatively, the matter may be referred for collection, which includes but is not limited to the filing of a small claims court action.

(Ord. No. NS-2423, § 3, 4-17-00)

Any person who is aggrieved by the decision of the hearing officer may obtain judicial review of such decision by filing an appeal to be heard in the Superior Court of California, County of Orange within twenty (20) days of the decision or service thereof. Such appeal shall be filed in the Central Justice Center located at 700 Civic Center Drive, Santa Ana, California and shall be completed pursuant to California Government Code section 53069.4. The appeal filed with the court must also contain a proof of service showing a copy of the appeal was served upon "City of Santa Ana (Attention: City Attorney)." If the court finds in favor of the contestant the amount of the filing fee, not to exceed twenty-five ($25.00), as well as any fine deposit shall be paid to the contestant by the City of Santa Ana. No other fees or costs shall be paid unless ordered by the court.

(Ord. No. NS-2423, § 3, 4-17-00)