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5855ORDINANCE NO. 5555 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING, REPEALING AND AMENDING VARIOUS SECTIONS AND SUBSECTIONS OF TITLES 10, 11 AND 12 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PUBLIC SERVICES AND UTILITIES, PUBLIC PROPERTY, AND STREETS AND SIDEWALKS, RESPECTIVELY WHEREAS, the City Council of the City of Anaheim desires to conform Titles 10, 11 and 12 of the Anaheim Municipal Code to changes in state law and previous amendments to the City Charter; and WHEREAS, the City Council desires to correct errors, delete unnecessary provisions, and otherwise update various provisions of the Anaheim Municipal Code. NOW, THEREFOR4, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 10.04.010 of Chapter 10.04 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: "10.04.010 PUBLIC LIBRARY ESTABLISHED. There is hereby established a public library in and for the City of Anaheim. Said library, including any branch libraries established by the City, shall collectively be referred to in Code as either the `public library' or `public libraries.' Said public libraries shall be under the jurisdiction of the City of Anaheim pursuant to its powers as a charter city." SECTION 2. "10.12.050 MANNER OF BILLING AND COLLECTION OF CHARGES; DEPOSIT MAY BE REQUIRED. .010 The sanitation charges fixed for any premises furnished with electricity service by the City may be collected with the charges and rates for electricity service furnished by the City to such premises. In such event, said charges may be billed upon the same bill as is prepared for charges for electricity service, and, if so billed, shall be due and payable 1 at the same time that such charges for electricity service are due and payable. In such event, the total amount due for the sanitation charges and for charges for electricity service shall be paid as a unit, and all of the provisions of Chapter 10.16 of this Code pertaining to the collection of charges for electricity service shall apply to the collection of any such total amount. .020 In the event that the City does not furnish electricity service but does furnish water service to any premises, then the sanitation charges for such premises may be collected with the charges and rates for water service furnished by the City to such premises. In such event, said charges may be billed upon the same bill as is prepared for charges for water service and, if so billed, shall be due and payable at the same time that such charges for water service are due and payable. In such event, the total amount due for the sanitation charges and for charges for such water service shall be paid as a unit, and all of the provisions of Chapter 10.16 of this Code pertaining to the collection of charges for water service shall apply to the collection of any such tptal amount. .030 In the event that the City furnishes neither electricity service nor water service to a premises occupied and in use for residential, commercial or industrial purposes, or in the event the sanitation charges are not billed with the charges for electricity service or water service furnished by the City to said premises, then the sanitation charges for such premises shall be billed separately and shall be due and payable to the City in an amount and at such time as established by resolution of the City Council. The sanitation charges imposed by this chapter shall not be imposed upon any premises or person as an incident of property ownership but shall be imposed only upon those premises furnished with electricity or water service by the City or upon premises otherwise being occupied and used as provided herein. .040 The City Council may establish by resolution an amount or amounts which any person, firm or corporation shall be required to deposit with the City prior to commencement or continuation of any sanitation services to insure collection of said charges." SECTION 3. That subsection .010 of Section 10.12.055 of Chapter 10.12 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: 2 ".010 A customer who believes his or her bill for sanitation services is in error must, within ten days after the date of mailing as shown on the bill, contact the Sanitation Management Assistant, either by telephone during regular business hours, or in writing at the Sanitation Division, P.O. Box 3222, Anaheim California 92803." SECTION 4. That subsection .020 of Section 10.16.010 of Chapter 10.16 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: ".020 `General Manager' is defined as the General Manager of the Public Utilities Department or his or her designee." SECTION 5. That subsection .040 of Section 10.16.010 of Chapter 10.16 of Title 10 of the, Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: ".040 `Consumer' or `customer' means any person, whether owner, lessee or renter of real property, using electricity or water furnished by the City through meters or by contract." SECTION 6. That subsection .050 of Section 10.16.010 of Chapter 10.16 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: ".050 `Kilowatt hour' means the standard unit of measurement of electrical energy consumption." SECTION 7. That subsection .080 of Section 10.16.010 of Chapter 10.16 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: ".080 `Installation charge' means the charge made by the City as compensation for all labor and material furnished in making connection with any electric line or water main in the City, for electricity or water to be furnished to any consumer." 3 SECTION 8. That Section 10.16.030 of Chapter 10.16 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: "10.16.030 ENFORCEMENT. The General Manager is hereby directed to enforce the provisions of this chapter and the rates, rules and regulations of the Public Utilities Department. The General Manager is hereby authorized to delegate any of his or her powers under this chapter with the sole exception of the power to adopt and promulgate rules and regulations, which power may not be delegated." SECTION 9. That Section 10.16.050 of Chapter 10.16 of Title 1.0 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as'follows: "10.16.050 BOOKKEEPING; BILLING. Upon ascertaining the amount due the City for electricity and water furnished to the consumer, the Public Utilities Department shall render the consumer a bill for the amount due. The handing of a bill to such consumer in person, or the placing of the bill in an envelope addressed to the consumer at his or her last known address as furnished by the consumer to the Public Utilities Department, affixing the proper postage, and depositing the same in the course of transmission with the United States Postal Service, shall constitute `rendering a bill.'" SECTION 10. That Section 10.16.070 of Chapter 10.16 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: "10.16.070 AUTHORITY TO ENTER UPON PRIVATE PROPERTY TO ENFORCE CHAPTER. For the purpose of complying with or enforcing any of the provisions of this chapter, or for reading any meter or for installing, testing, changing, repairing, connection or disconnecting any electric or water meter or service, any designated employee of the City of Anaheim is authorized to enter 4 upon private property any day between the hours of seven a.m. and nine p.m." SECTION 11. That Section 10.16.080 of Chapter 10.16 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: "10.16.080 SILLS; WHERE AND HOW PAYABLE. All bills for electricity and water furnished by the City shall be payable at the office of Collections of the Finance Department or such other payment sites as may designated by the City. Payments shall be made by U.S. Mail, personal delivery or courier service, or by such telephonic, electronic, or other means as may be expressly provided or approved by the City. The City assumes no responsibility for payments made elsewhere or by other means." r SECTION 12. r That Section 10.16.260 of Chapter 10.16 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 13. That Section 10.16.350 of Chapter 10.16 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 14. That subsection .060 of Section 10.18.020 of Chapter 10.18 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: 11.060 `Consumer' or `customer' means any person, association, partnership, corporation, governmental agency or other entity supplied and billed for water service by the Department." SECTION 15. That subsection .090 of Section 10.18.020 of Chapter 10.18 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: 5 ".090 `General Manager' means the General Manager of the Department or his or her designee." SECTION 16. That subsection .020 of Section 10.18.030 of Chapter 10.18 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 17. That Section 10.16.050 of Chapter 10.18 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "10.18.050 WATER SHORTAGE PLAN IMPLEMENTATION. The Department shall monitor and evaluate the projected supply and demand for water by its Customers. In the event of a Water Shortage, the Department shall recommend to the City Council such Water Shortage Plan(s) as provided in this chapter which permit the Department to prudently plan for and supply water to its Customers. Upon finding that a Water Shortage exists, the City Council may, by resolution, order implementation of such Water Shortage Plan(s) as provided in this chapter which it deems appropriate to address that Water Shortage. At any time during the Water Shortage Period, the City Council may discontinue any plan or may implement another plan as provided in this chapter. Upon a finding by the City Council that the Water Shortage no longer exists, any Water Shortage Plan then in effect shall terminate." SECTION 18. That subsection .045 of Section 10.19.030 of Chapter 10.19 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: ".045 `Consumer' or `customer' means any owner, lessee, or renter of real property using water supplied by the City through meters or by contract." SECTION 19. That subsection .060 of Section 10.20.020 of Chapter 10.20 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: N ".080 General Manager. The General Manager of the Public Utilities Department of the City of Anaheim or his or her designee." SECTION 20. That Section 10.20.050 of Chapter 10.20 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: . "10.20.050 PERMITS. Applications for permits shall be made to the General Manager containing such information as he or she shall require. Each application shall be accompanied by a fee which shall be established by the City Council on the basis of the cost incurred in enforcing the provisions of this chapter. Fifty percent of the fee shall be returned to the applicant should the permit be denied or if the permit is canceled within sixty days after issuance and no work haq been done. A permit shall remain in effect for one year from'date of issuance. Permits may be issued subject to any condition or requirement found by the General Manager to be necessary to accomplish the purposes of this chapter. The applicant shall comply with all terms and conditions of the permit issued. A permit may be canceled or the conditions amended by the General Manager if he or she determines that to proceed with the work would result in a public nuisance or the permit holder has violated the terms of the permit or this chapter." SECTION 21. That Section 10.20.060 of Chapter 10.20 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: 1110.20.060 COMPLETION OF THE WORK. The permittee shall notify the General Manager in writing upon completion of the work and no work shall be deemed to have been completed until such written notification has been received. A final inspection of the work shall be made by the General Manager and no permittee shall be deemed to have complied with this chapter or the permit until such inspection has been performed and all work thereon completed to the satisfaction of the General Manager." 7 SECTION 22. That Section 10.20.090 of Chapter 10.20 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: "10.20.090 IMMEDIATE ABATEMENT. If the General Manager finds that immediate action is necessary to prevent impairment of the ground water or a threat to the health or safety of the public, he or she may abate the nuisance without giving advance notice. Within twenty-four hours after initiating such abatement, the City Clerk shall give notice of a hearing before the City Council in the manner prescribed in Section 10.20.080." SECTION 23. That Section 10.20.120 of Chapter 10.20 of Title 10 of the Anaheim Municipal Cgde be, and the same is hereby, amended in its entirety, to read asrfollows: "10.20.120 STANDARDS. Standards for the construction, reconstruction or destruction of wells shall be the standards recommended in Chapter II of the State Department of Water Resources Bulletin No. 74, latest revision and any other requirements specified by the City of Anaheim. Standards for the construction, reconstruction or destruction of cathodic protection wells and electrical grounding wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74 and any other requirements specified by the City of Anaheim." SECTION 24. That Section 11.04.010 of Chapter 11.04 of Title 11 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: "11.04.010 ENTERING CITY PREMISES WHEN SAME SHUT OFF FROM PUBLIC PROHIBITED. It is unlawful for any person to enter upon or into any building, structure, room, yard, enclosure or.other property, or any portion or area thereof, which is owned, occupied or under the control of the City of Anaheim, at any time when such building, structure, room, yard, enclosure, or other property, or 9 portion or area thereof, is locked, barred, closed or otherwise shut off from the use of the public, except with the express consent of a representative of the City authorized to give such consent." SECTION 25. That Section 11.04.050 of Chapter 11.04 of Title 11 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 26. That Section 11.04.100 of Chapter 11.04 of Title 11 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: "11.04.100 TRESPASSING TO WETLAND HABITATS. .010 It is unlawful for any person to enter into or remain upon any property desigryated a wetlands habitat. .020 This section shall not apply to: .0201 Any authorized employee or agent of the City of Anaheim or owner of property located within the wetlands habitat. .0202 Any person holding a permit to enter the wetlands habitat issued by the Director of the Community Services Department or his or her designee, which permits shall be issued solely for educational or research purposes. .0203 Any person who enters a wetlands habitat upon, and remains upon, a designated public trail within a wetlands habitat when using the public trail for its intended purpose." SECTION 27. That Section 11.08.010 of Chapter 11.08 of Title 11 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: "11.08.010 SPITTING ON PUBLIC PROPERTY PROHIBITED. It shall be unlawful for any person to spit from the mouth any saliva, tobacco juice or expectorant upon any sidewalk, curb, stairway or entrance thereto, or upon the floor of any public Gi hall within the City of Anaheim, or to eject from the nose, throat or lungs any phlegm or expectorant upon any sidewalk, curb, stairway or entrance thereto or upon the floor of any public hall within the City of Anaheim. Any violation of this section shall be an infraction." SECTION 28. That Section 11.08.020 of Chapter 11.08 of Title 11 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 29. That Section 12.04.010 of Chapter 12.04 of Title 12 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: "12.04.010 DATUM PLANE AND BENCH MARKS ESTABLISHED. For the purpose of (establishing and designing the official grades of the streets, alleys and sewers of the City of Anaheim, the North American Vertical Datum of 1988 (NAVD88) is hereby declared to be the `Datum Plane' of the City of Anaheim. The City of Anaheim has established, and maintains, a network of bench marks throughout the City which are to be used for purposes of vertical control." SECTION 30. That Chapter 12.08 of Title 12 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 31. That subsection .010 of Section 12.12.020 of Chapter 12.12 of Title 12 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: ".010 Application for a permit shall be made in writing to the Director. The application shall describe with specificity the location of the proposed excavation or obstruction. A detailed plan of the proposed work shall be included, except in the case of the operation and maintenance of existing facilities. The application shall identify the authority by which the applicant is entitled to locate facilities in the public street. The application shall be signed by the applicant or the authorized agent of the applicant." 10 SECTION 32. That existing Chapter 12.16 of Title 12 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety; and that new Chapter 12.16 be, and the same is hereby, added to Title 12 of the Anaheim Municipal Code to read as follows: "12.16.010 IRRIGATION DITCHES ACROSS OR ALONG STREET, HIGHWAY OR OTHER PUBLIC RIGHT-OF-WAY; PERMISSION REQUIRED. It shall be unlawful for any person or persons to dig or cause to be constructed, for irrigation purposes, any ditch, across any street, sidewalk, highway or public right-of-way within the City of Anaheim, or to construct or maintain any irrigating ditch along any street, sidewalk, highway or public right-of-way within the City of Anaheim unless permission to construct or maintain said ditch is first obtained from the Director of Public Works. 12.16.020 WORKING ON VE$rTrCLES ON ANY STREET OR SIDEWALK. It is unlawful for any person, firm or corporation to repair, lubricate, paint, prepare for painting, add to, alter or overhaul any vehicle upon any street, highway, alley, public way or sidewalk within the City of Anaheim; provided, however, that it shall not be unlawful to make emergency roadside repairs upon any such vehicle. The term `add to,' as used in this chapter, shall include within its meaning, the installation of seat covers and the fastening and/or installation of any accessory to a vehicle." SECTION 33. That existing Chapter 12.20 of Title 12 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety; and that new Chapter 12.20 be, and the same is hereby, added to Title 12 of the Anaheim Municipal Code to read as follows: "Chapter 12.20 UNDER CONSTRUCTION OR REPAIR - BARRIERS 12.20.010 `BARRIER' DEFINED; STANDARDS. .010 The word `barrier' as used in this chapter shall be deemed to include any traffic cone, high level warning device, barricade, flashing arrow board or any other material or device 11 placed, extended or stretched across any portion of any public street, highway, avenue, alley, sidewalk or other public right- of-way. .020 Any barrier authorized, erected or maintained pursuant to this chapter shall be plainly visible in the daytime and shall be illuminated at night with flashing yellow beacons or other approved devices as necessary to provide visibility of such barrier. 12.20.020 CONSTRUCTION TRAFFIC CONTROL. .010 Any detour caused by construction on any City street or other public right-of-way, except emergency repairs by utility companies, shall require a detour plan approved by the City, in addition to the permit required by Chapter 12.12 hereof, prior to construction. `Detour` shall be defined as the closure of any part of the public right-of-way to vehicular or pedestrian travel. r 1 .020 The minimum traffic delineation of any detour shall conform to the State of California `Standard Specification, July 1995' (or such later edition as approved by the City), the California Department of Transportation `Manual of Traffic Control for Construction and Maintenance Work Zones, 1996 Edition,' (or such later edition as approved by the City), and the "Work Area Traffic Control Handbook' published by Building News Services, 1996 Edition (or such later edition as approved by the City). Where any City inspector, transportation engineer, or police officer finds unusual conditions, he or she may specify such additional requirements as may be reasonably necessary to protect the public health, safety or general welfare, and the contractor, installer or entity conducting construction or repair activities shall be responsible for complying with such requirements. .030 The City may restrict the use of, or close, any right- of-way whenever persons authorized by the City consider such restriction of use or closure reasonably necessary for either: .0301 the protection of the public; or .0302 the protection of such right-of-way or adjacent area from damage during storms or during construction, repair or maintenance operations. .040 In order to notify the public that a City street or other public right-of-way is closed or the use thereof restricted, the City may require any contractor or utility company to: 12 .0401 erect suitable barriers or obstructions upon such right-of-way; .0402 post warnings and notices of the condition of any such highway; .0403 post signs for the direction of traffic upon such right-of-way, or to or upon any other right-of-way or detour open to public travel; .0404 place warning devices on such right-of-way; and/or .0405 assign personnel to warn, detour or direct traffic on such right-of-way. 12.20.030 DRIVING ON STREETS UNDER CONSTRUCTION OR REPAIR WHEN BLOCKED BY BARRIERS PROHIBITED. It shall be unlawfW� for any person, firm or corporation to drive or operate any automobile, motorcycle, bicycle, or other vehicle over or upon any public street, avenue, alley, sidewalk or any public highway, or any portion thereof, within the City of Anaheim, on which the work of grading, paving, constructing or repairing is being or has been done, or is then in progress and which is effectively guarded or protected by barriers in such a manner as to indicate that traffic is excluded therefrom. 12.20.040 UNAUTHORIZED REMOVAL OF OFFICIAL BARRIERS PROHIBITED. It shall be unlawful for any person, firm or corporation to remove or cause to be removed any barrier or any portion of any barrier erected or maintained by the City, or any barrier lawfully erected or maintained by any private contractor or utility company pursuant to this chapter, without the knowledge and consent of the City's Field Engineer or any of his or her inspectors. 12.20.050 OBEDIENCE TO TRAFFIC -CONTROL DEVICES. It shall be unlawful for any person to fail to obey any detour sign or device, or other official traffic -control sign, or any access limitation imposed by any barrier or other traffic - control device, unless otherwise directed by a police officer." SECTION 34. That existing Chapter 12.24 of Title 12 of the Anaheim Municipal Code be, and the same is hereby, repealed in its. 13 entirety; and that new Chapter 12.24 be, and the same is hereby, added to Title 12 of the Anaheim Municipal Code to read as follows: "Chapter 12.24 CONSTRUCTION OF SIDEWALKS, DRIVEWAYS, RAMPS, CURBS AND GUTTERS 12.24.010 PUBLIC AND PRIVATE CONSTRUCTION TO CONFORM TO DOCUMENTS ON FILE WITH CITY ENGINEER. All public and private sidewalks, driveways, ramps, curbs and gutters which may be hereafter constructed in the City of Anaheim shall be in accordance with the requirements on file in the office of the Director of Public Works. 12.24.020 PERMIT REQUIRED. Before commencing ognstruction within rights-of-way, streets, alleys or easements, every person, firm or corporation shall obtain a permit pursuant to the provisions of Chapter 12.12. 12.24.030 DEFECTS; NOT ACCEPTED BY NEGLIGENT INSPECTION. No work will be considered as accepted which work is defective in its construction or which fails to conform in all respects to any of the requirements applicable to such work which requirements are on file in the Office of the Director of Public Works regardless of whether any inspector of the -City connected with the work fails to observe, point out, or reject said defect or deficiency during construction, and the contractor shall be required to correct any such defective or nonconforming work whenever discovered, before the work shall be deemed finally accepted. 12.24.040 DISTURBING MONUMENTS, BENCHMARKS OR STAKES IN PATH OF WORK. The contractor shall not disturb any monuments, benchmarks or stakes found on the line of the improvements until ordered by the Director of Public Works or his or her designee, and he shall bear the expense of resetting any monuments, benchmarks or stakes which may be disturbed without orders. Any monuments, benchmarks or stakes which are disturbed by work performed by the contractor shall be reestablished and the corresponding survey documentation shall be submitted to the Department of Public Works. 14 12.24.050 REJECTED WORK; REMOVAL AND REPLACEMENT. In case the contractor shall neglect or refuse, after written notice, to remove or replace any rejected work or materials, they shall be removed and replaced by order of the City Engineer at the contractor's expense. 12.24.060 FINAL INSPECTION; NOTICE; CERTIFICATE. The contractor shall notify the Director of Public Works when the contractor desires a final inspection of the work. Upon such notification the Director shall arrange to make the necessary examination to determine if the work is in compliance with the required specifications. If the work is determined to be in compliance, the Director of Public Works shall issue a Notice of Completion for work performed under a Public Works Construction Contract. Under a Right -of -Way Construction Permit, the Director of Public Works shall release the security pursuant to Section 12.12.060 of ,this Code. In the event the work is found not to be in compliance with the required specifications, the Director of Public Works shall notify the contractor of the deficiencies and direct the contractor to make the necessary corrections. 12.24.070 CURB -CUTS AND DRIVEWAYS; WHEN DIRECTOR MAY ORDER ALTERATION; NOTICE TO PROPERTY OWNER; VIOLATION; APPEAL When any curb -cut or driveway within the City of Anaheim has been abandoned and is no longer in use, and in any case where the use, convenience and necessity of the public require, the Director of Public Works shall have authority to order the owner or agent in charge of property adjacent to which curb -cuts are maintained to alter the curb -cut in such manner as he shall find reasonably necessary. .010 Notice of Alteration Order. Whenever the Director of Public Works shall determine that a curb -cut or driveway has been abandoned, or shall determine that the use, convenience and necessity of the public require an alteration, the Director shall serve a written notice on the owner or agent in charge of the adjacent property and shall post a conspicuous notice on the property notifying the owner or agent in charge that an alteration of the curb -cut is required, and such notice shall specify the time in which the owner or agent shall comply with such requirement, which time shall be not less than twenty days from the date of said notice.. 15 .020 Violation. If the alteration as required by the Director of Public Works is not complied with within the time specified in the notice, the owner or agent of the property shall be deemed in violation of this chapter, and each day that the curb -cut or driveway is maintained without alteration, after the time set forth in the notice, shall constitute a separate and distinct violation of this chapter. .030 Appeal. Any owner or agent in charge of property who has been notified by the Director of Public Works to alter a curb -cut may appeal from the order of the Director to the City Council of the City of Anaheim by filing a written notice of appeal, specifying the grounds for such appeal, with the City Clerk of the City of Anaheim within ten days after the notice of alteration order has been served on such person, or after property has been posted. No appeal shall be heard by the City Council unless the notice of appeal is filed within the time herein specified; provided, however, the City Council may request a review on its own motion. Where an appeal has been filed as hereinabove set forth, c>r a review has been requested by the City Council, no party shall be deemed in violation of this chapter until such time as the City Council has determined the controversy and the owner or agent is allowed a reasonable time thereafter to comply with such alteration order." SECTION 35. That Section 12.28.020 of Chapter 12.28 of Title 12 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: 1112.28.020 PROVISION FOR CEMENT SIDEWALKS, CURBS AND GUTTERS PRIOR TO FINAL APPROVAL BY BUILDING INSPECTOR; HOW PROVISION MAY BE MADE; EXCEPTION FOR HARDSHIP. The Building Inspector shall deny final approval and acceptance or final public utility connections to any building or dwelling until said curbs, gutters and sidewalks exist or are constructed, or their construction is guaranteed by cash deposited with the City of Anaheim in a sum equal to the estimated cost of the improvement. In the event said owner, lessee or agent shall furnish all labor and materials and shall construct or cause to be constructed said curbs, gutters and sidewalks in accordance with the specifications of the City of Anaheim, he shall be entitled to a return of said sum so deposited, after final approval of said materials and work by the Director of Public Works, and the expiration of the time for the filing of liens for materials furnished or labor performed in 16 connection therewith. If unnecessary hardships or results inconsistent with the general purpose of this chapter result through the strict and literal interpretation and enforcement thereof in relation to properties which, because of size, shape, location or other special circumstances might be unreasonably or inconsistently affected by the provisions of this chapter, the City Council may, on application of the owner or owners of such property, waive the provisions of this chapter." SECTION 36. That Section 12.29.030 of Chapter 12.29 of Title 12 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: "12.29.030 REPAIR BY CITY; PAYMENT OF COST BY PROPERTY OWNER. If following notification by the appropriate City department, the property owner fails to correct the condition within the time specified in the notice, the City may repair the sidewalk and take all other necessary actions to correct the condition. The property owner shall pay for the cost of such repair; the calculations of the Director of Public Works as to the cost of such repair work undertaken by the City under the provisions of this chapter shall be final and conclusive." SECTION 37. PENALTY. Except as may otherwise be expressly provided herein, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370. SECTION 38. SEVERABILITY The City Council of the City of Anaheim declares that should any section, paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be invalid, it is the intent of the Council this 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 39. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal or amendment 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 thereof, 17 nor be construed as a waiver of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The provisions of the 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 appro Viaand adopted by the City Council of the City of Anaheim this t day of 1 2003. MAYOR OF THE CI OF ANAHEIM WC :LERK dF THE CITY OF ANAHEIM 48156.4 r r 18 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5855 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 15th day of April, 2003, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 29th day of April, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle, Tait NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None CItY CLERK6F TI-Iff CITY OF ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 8, 2003 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: May 8, 2003 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp 00 3/G Proof of Publication of SUMMARY PUBLICATION 5855 ANQ AN ORDINANCE OF THE OF ANAHEIM ��� KM SSE SECTIONS SUBSECTIONS t1F TRLES 11 12T Tg4G TO PUBLIG &ERV AND LMLITIE IC PROP cc' S AND RE ECIT LY This ordinance pukes the following changes to e>ustng provislono of Titles 1% 11 and 12 ofthe Anaheim Municipal Code: 1. Amends Secton 10.04.010, toetmkhate the atererht ralerence to a repealed 1901 state shute which related to libraries in genwd fear aNlea. Anaheim was a gerieTd'tdw city untt 11165 when it became ttclharter city. 2. Amends Section 10.12.060 regardkp the cc ftioh of sanitation �q to e ry b«i oaf � anon charges In florpurrction with electric or waterb�ings and to prswidee 1. sanitation charges may bs 3. Amends Seaton 10.12.055 to reduce the monk)k of days within rid, a consumer may dopule a sanitation bill from twelve daylsto ten days to match the spo" period established for dbpu",olectric or water bR1s. 4. Amends subsection .020 of Section 10.16.000 to charge the poraorW pronoun refererrea to the Public Utilities General Manager from tlhe hraaculine gender to gender neubal. 5. Amends subsection .040 of Section 10.16.040 to add interchangeable rMNttions me of "consume and "customer" which terms are used Muctxrgea- bly throughout Chapter 10.16 of the Cods. 6. Amends sylipechon .050 of Section 10.16.0 10 to correct the definition of "kilowatt no ur" to refer to the amount of at ecMcal cohsurnlpMgrh rather than the amount of electrical work. 7. Amanda subsection .080 of Section 10.16.010 to correct typognpNGgd error by changing the WOW "is" to the word "as." 8. Amends Section 10.16.030 to changs. the peftorial pronoun reference to the Public UtilitiesCaaaeral Manager from the masculine gMntldt'tO 90der neutral. 9. Amanda Section 12.16.050 to delete reference 10 billing by poeActed, oortact gender rob nee, and change term "Post Office" to "P0*4111aY41sa " 10. Amende,56COW 10.16.070 to incresae the for access to privets property for purpnd tr see 61�y meter reading, testing or #tat the current "8:00 a.m. to 5:00 p.m.' to '7:00 a.m. ttl p.m." 11. Amends Section 10.16 080 concerning W utety bele iD and regalia payments to be made at locations approved by the and to add provision allowing payments io ba m�lMspllonic, ehifflanlc o' tMthrs to as may py pros ded or approved by the City. 12. Repeals Section 10.16.280 restricting hours til use of irrigation water. with ut meters which penalties are now set forth In, and ted 13. R s on 10.16.350 relating to peneties ler by-passing or tarnparkhg ipty tK by. P ection.498. 14. Amends>subsection .060 of Section 10.18.0120 to add the term "e tipmenele ro be defined and used inter:ehangeably with the term'custorrw.' 15. Amends subsection .090 of Section 10.18,It1W1p define Public 101111111111106 gonerallMerNow m Am Is lamed throughout chapter 10.18 irIo111tlaa'the GenauW MhhaWs designee. 16. Repeals subsection .020 of Section 40.18.0$0 which authorizes 0mugbt Enfon:emerk 0111ilers and Water Conservation Advisors hired by theJ* to lasso wkNrhM°ekeNone. 17. Amends section 10.18.050 m assess proWiproviding for Mll4ttra tsrtrhk>aton;ol Water SiotUge Plan after five years unless rwrs by resolulloo gt+the Cllr Council. 18. subsection .045 of Section 10.19.060 to add the left *0896umM" to dslintticn of "customer' which terms are used inter bly through" 911000K. 10.19. 19. Amands subsection .080 of Section 10.20.020 t0 d gs tat part"*Wicun refatencpe to to Publis'UtSties General Manager from the nummuline gender itLVii �f neutral. 20. Amends Section 10.20.050 to change the pwmp* pronoun rshfterlee 10 the Public Utetln Genera Wmt- ger from this masculine gender to gander noubad. 21. Amends Section 10.20.080 to charge the pers®nel pronoun reftAtAtste tha Public UWft$ General fsianegsr from the masculine gender to gender neutral. 22. Amends Section 10.20.090 to change the, parsenal pronoun ref mnt!I fo the Public UW469 General Manager from the masculine gender to gander neutral. 23. Amends section 10.20.120 to provide t 0th for well and dwtrudillm "I fMdude requirements established by the t ity in addition to standards establlehOd by the Stetha t MYbnwt of Water 1taes; 24. Amends Section 11.04.010 to provide that-kohat be unlawful to onlw artypublic fdroPMb', Ihthohtt consort by an aetrhoriaed City relNoeehAalive. when stlelh oo*orty Fres been 1001114d er cemwW4 l j ! to pnbfio uMara Foes. 25. $action 11:04.060 ga1n9 Presence orh tltR root' W any ixbadWnp or atrueture which provision is redundant � the pro Cor�lNrod in Section 111.04. 0. .....rt -i to Community 8en4eaa Deeia tmeat a(d 00for n eubeaction numbering to the MMWnda of the �1Citye rC3erk o1 A the City, the City Coouday of AYES Pringle, Coural Members ramp$, os,grld h�u�eers by '�er qh tyar jfi�IdYwalks, sidewalks, curbs and gutters shall be equal to eparty ovehtlr, ouch costs shall be in the Y d Ordnance No. 5865 VMtcth ordinance was L was duly passed and adopted at a regular t ofd iboon pro �el or rendshouldrhl�eied