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5197ORDINANCE NO. 5197 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF CHAPTER 17.06 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO GRADING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 17.06.281 of Chapter 17.06 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1117.06.281 DECISION OF CITY ENGINEER AS FINAL Any decision of the City Engineer made pursuant to this chapter, including but not limited to any decision concerning the issuance, issuance with conditions, denial, or revocation of any grading permit or the approval or denial of any grading plan, shall be final and conclusive." SECTION 2. That Section 17.06.290 of Chapter 17.06 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1117.06.290 CONDITIONAL EXCEPTIONS TO CHAPTER Conditional exceptions to the regulation contained in this chapter shall be permitted upon a finding by the City Engineer that exceptional or special circumstances apply to the property. Such exceptional or special circumstances shall include unusual size, shape or topography of the property, drainage problems, or the impracticability of employing a conforming grading plan, layout, or lot line positioning by reason of prior recorded subdivisions or characteristics of contiguous properties. Application for the waiver of any requirement of this chapter shall be filed with the City Engineer and shall be accompanied by a filing fee in such amount as established by resolution of the City Council. The City Engineer shall - 1 - hold a public hearing upon such application, notice of the time and place of such hearing shall be given by publication at least once in a newspaper of general circulation, circulated in the City of Anaheim, and mailing written notice thereof to all property owners shown on the latest equalized assessment roll as owning real property within 300 feet of the property which is the subject of the application at least 10 days before the hearing. The decision of the City Engineer shall be final and conclusive." SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license 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 5. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. - 2 - u THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 8th day of January 1991. Q/ Y R OF THE TY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM MES:kh 067GRADI.159 - 3 - i STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No.5197 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 18th day of December, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 8th day of January, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.5197 on the 9th day of January, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of January, 1991. -A,- S�z CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5197 and was published once in the Anaheim Bulletin on the 18th day of January, 1991. CITY CLERK OF THE CITY OF ANAHEIM