Santa Ana Municipal Code § 21-93 Enforcement; duty to examine all places of business

It shall be the duty of the collector or his or her designated agents to enforce all of the provisions of this Chapter and the chief of police, the chief building official, the chief fire official, and the city attorney shall render such assistance in the enforcement thereof as may from time to time be required by the collector. The collector in the exercise of the duties imposed hereunder and acting through his or her deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to assure compliance with the provisions of this Chapter.

(Ord. No. NS-1922, § 1, 7-20-87)

(a) Whenever any person charged with the duty of enforcing this Chapter shall have cause to re-examine, re-inspect, re-investigate, or re-visit a place of business for purposes of enforcing any portion of the business license tax code or to collect any sum owed pursuant to this Chapter, a separate inspection/ collection service fee shall be applicable in the amount as specified by resolution of the city council.

(b) In the case of a re-examination, re-inspection, re-investigation, or re-visitation of any local place of business pursuant to a violation of this Chapter or noncompliance with the business license tax code, a reasonable period of time shall be given to the responsible party to correct the violation or to come into satisfactory compliance with the requirements of this Chapter. If the violation or noncompliance necessitating the re-examination, re-inspection, re-investigation, or re-visitation of any local place of business is remedied prior to the expiration of the correction period no inspection/collection service fee shall be imposed.

(c) Whenever the collection of the unpaid balance of any business license tax or other amount subject to the enforcement and collection requirements of this Chapter is sought by transfer to a collection agency, or any other method of assignment not inconsistent with the provisions of this Chapter, a transfer service fee in the amount as specified by resolution of the city council shall also apply.

(d) The collector and his or her authorized agents charged with the duty of enforcing this Chapter, may waive the application of the inspection/collection service fee or any other service fee elsewhere established pursuant to the provisions of this Chapter, in connection with any satisfactory agreement entered into in accordance with Section 21-83.1, or any compromise of claim, or any agreement or settlement entered into pursuant to a court approved stipulation, or for other good cause shown.

(Ord. No. NS-2841, § 6, 2-4-13)

The collector and all of his or her duly authorized assistants and any police officer shall have the power and authority to enter during business hours, free of any charge, and at such other times as may be reasonable following due process of law, any place of business required to be licensed herein and demand a display of the required business license tax receipt. Failure to exhibit said license receipt upon demand therefor shall be punishable as specified hereinafter:

(a) Any person not having such license tax receipt theretofore issued on the display in a conspicuous place on the premises pursuant to Section 21-70 shall be deemed guilty of a criminal infraction.

(b) Any licensee whose license is delinquent and unissued and/or any licensee who has been placed on notice of a suspended license by personal service, or served notice through the United States mail, or by a notice conspicuously posted upon the premises, and who has not applied for, or who is not undergoing the process of a hearing or appeal pursuant to Sections 21-41 or 21-86 of this Chapter or Chapter 3 of this Code shall be deemed guilty of a criminal infraction.

(c) Any person having been previously placed on notice of violation by personal service, or served notice through the United States mail, or by a notice conspicuously posted upon the premises, and who has not paid said business license tax or applied for exemption therefrom and who has not applied for, or who is not undergoing the process of a hearing or appeal pursuant to Sections 21-41 or 21-86 of this Chapter or Chapter 3 of this Code shall be deemed guilty of a criminal infraction.

(d) Any person having been previously placed on notice of revocation by personal service, or served notice through the United States mail, or by a notice conspicuously posted upon the premises, and who has not applied for, or who is not undergoing the process of a hearing or appeal pursuant to Section 21-41 or 21-86 of this Chapter or Chapter 3 of this Code shall be deemed guilty of a misdemeanor.

(e) Any person having such license tax receipt theretofore issued in his or her possession or under his or her control, who willfully fails to exhibit the same on demand as provided for herein, shall be guilty of a misdemeanor.

(Ord. No. NS-1922, § 1, 7-20-87)

It shall be the duty of the collector to maintain a list of all delinquent business taxes that are payable under this Chapter, and upon the same having attained the maximum penalty permitted under this Chapter of one hundred (100) per cent of the license tax due and upon the same coming to his or her knowledge, he or she shall give notice to the licensee of suspension and thereafter act to collect the same in his or her discretion, by suit or otherwise.

(Ord. No. NS-1922, § 1, 7-20-87)

It shall be the duty of the collector to cause a notice of violation to be served on any person found to be in violation of this Chapter and thereafter to cause a complaint to be filed and/or a citation issued to any person found to be in continuing violation of any provisions of this Chapter.

(Ord. No. NS-1922, § 1, 7-20-87)