HomeMy WebLinkAboutORD-21-92 Add New Ch 2.80 Enforcement of Municipal Code by Designated City Employees & FeesORDINANCE NO. 21-
92 AN ORDINANCE OP THE CITY COUNCIL OF
THE CITY OF ORANGE ADDING A NEW CHAPTER 2.
80 TO THE ORANGE MUNICIPAL CODE PROVIDING
POR ENFORCEMENT OP THE ORANGE MUNICIPAL CODE
BY DESIGNATED CITY EMPLOYEES AND ESTABLISHING
A REINSPECT ION FEE TO BE CHARGED VIOLATORS
WHO FAIL OR REFUSE TO CORRECT VIOLATIONS OP
SAID
CODE.WHEREAS, the City Council of the city of Orange has found
and determined that the cost to the City of subsequent
inspections related to Code violations that are not corrected is
significant and should not in fairness be borne by the general
taxpaying public, but rather, should be borne by the violators who
create the need for such reinspect ions by their failure or refusal
to comply with City Ordinances;
and WHEREAS, the City Council wishes to clarify the procedures
for investing City employees with arrest/citation authority
and establish separate administrative provisions for code
enforcement in the Orange Municipal
Code.NOW, THEREFORE, the City Council of the City of Orange
does ordain as
follows:SECTION
I A new Chapter 2.80 is hereby added to the Orange Municipal
Code to read as
follows:Chapter 2.
80 Enforcement of the Orange Municipal
Code 2.80.010. Code Enforcement Personnel. The City Manager,
Police Chief, Fire Chief, Director of Community Development, Director
of Public Works, and Director of Community services are
authorized to designate, by written designation or by job description,
City employees under their supervision who shall have the
responsi-bility and authority to enforce designated provisions of
the Orange Municipal Code. Such personnel as are so designated
shall have the power and authority, pursuant to California Penal
Code Section 836.5 and this Chapter to investigate violations of
said provisions, to arrest persons and to prepare, issue and
deliver to any such arrested person written notice to appear in court
and to release such person from custody upon receiving that person'
s written promise to appear in court, or to issue citations in
lieu of such arrest, for any violation or violations of said
provi-sions. Nothing in this section is intended to or shall have
the effect of changing the status of any employees so designated
to that of a peace officer or safety employee for purposes
of retirement, Workers' Compensation or similar injury or
death benefits, or any other employee benefits to which said officer
employee would not have been entitled to prior to adoption of
this section or prior to that employee's designation under this
section.
2.80.020 Reinspection Fee. There is hereby imposed upon each
person who receives a notice of violation, or citation, for
violation of any of the applicable provisions of this Code, who
fail or refuse to comply with the applicable section(s) of this
Code within the time and in the manner specified in such notice
of violation or citation, a reinspection fee for each compliance
inspection conducted by City personnel after verification of the
failure or refusal to comply. Such fee shall be in the amount of
40.00 or such other amount as set by resolution of the city
Council from time to time. Any fees imposed hereunder shall be
separate and apart from any fines, fees or other penalties
imposed for the applicable violation.
SECTION II: SEVERABILITY
The City Council of the City of Orange hereby declares that
each provision of this Ordinance is severable and that should any
section, paragraph, sentence or word of this Ordinance, hereby
adopted, be declared for any reason to be invalid, the remaining
portions of this Ordinance shall remain in full force and effect.
SECTION III: SAVINGS CLAUSE
Neither the adoption of this Ordinance nor the repeal hereby of
any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinance which violations were
committed prior to the effective date hereof, nor be construed as
a waver of any fee, fine or penalty or the penal provisions
applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION IV:
A summary of this Ordinance shall be published and a
certified copy of the full text of this Ordinance shall be posted
in the Office of the City Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be
adopted. A summary of this Ordinance shall also be pUblished
once within fifteen (15) days after this Ordinance's passage in
the Orange City News, a newspaper of general circulation,
pUblished, and circulated in the City of Orange. The city Clerk
shall post in the Office of the City Clerk a certified copy of
the full text of such adopted Ordinance along with the names of
those City Council members voting for and against the Ordinance
Ord No. 21-92
in accordance with Government Code Section 36933. This Ordinance
shall take effect thirty (30) days from and after the date of itsfinalpassage.
Adopted this 18th day of Au list 1992.
ATTEST:
MARILYN J. JENSEN, CMC. BY:
City Clerk of the City of Orange
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange,California, do hereby certify that the foregoing Ordinance was
introduced at the regular meeting of the City Council held on
the 11 th day of August , 1992, and thereafter at the
regular meeting of said City Council duly held on the 18th dayofAugust , 1992, was duly passed and adopted by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
NONE
STEINER, BARRERA, MAYOR BEYER, COONTZ,
SPURGEON
NONE
NONE
BY:
MARILYN J. JENSEN, CMC. ,
City Clerk of the City of Orange
ATHCART, CMC.,
lerk of the City of Orange
RDH:dg 3-Ord 21-