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51944 ORDINANCE NO. 5194 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .020 OF SECTION 18.96.039 OF CHAPTER 18.96 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING ORDINANCE NO. 5086, NUNC PRO TUNC. FOLLOWS: THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That subsection .020 of Section 18.96.039 of Chapter 18.96 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Deck Landscape Requirements. Landscaping of deck areas shall consist of grass, ground cover, and planter boxes, irrigated and drained, and conforming to the provisions of Section 18.96.033.050 of this Code. Said irrigation facilities shall at a minimum consist of hose bibs placed within 50 feet of each planted area. All trees shall be of a size of not less than fifteen (15) gallons and shrubs a minimum of five (5) gallons at time of planting. Plants and trees that produce flowers or fruit shall not be placed where said flowers or fruit will cause a nuisance or hazard to pedestrians." SECTION 2. That Ordinance No. 5086 be, and the same is hereby, amended, nunc pro tunc, by amending Section 3 thereof, in its entirety, to read as follows: "That new subsection .047 be, and the same is hereby, added to Section 18.32.050 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code to read as follows: 1.047 Deck -type housing as defined in Section 18.01.090, subject to compliance with Chapter 18.96 hereof."' 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 A 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 18th day of December, 1990. OR OF TTM -CIT OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No.5194 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 11th day of December, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 18th day of December, 1990, 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.5194 on the 19th day of December, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 19th day of December, 1990. 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. 5194 and was published once in the Anaheim Bulletin on the 28th day of December, 1990. CITY CLERK OF THE CITY OF ANAHEIM