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5884M ORDINANCE NO. 5884 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION .030 TO SECTIONS 18.26.020 AND 18.27.020 OF CHAPTERS 18.26 AND 18.27, RESPECTIVELY, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ANAHEIM COLONY HISTORIC DISTRICT. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That subsection .030 be, and the same is hereby, added to Section 18.26.020 of Chapter 18.26 of Title 18 of the Anaheim Municipal Code to read as follows: ".030 Notwithstanding the foregoing, the reconstruction of any legally -established multiple -family dwelling located within the Anaheim Colony Historic District (bounded by North, South, East and West Streets) that is damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casualty or act of God, or of a public enemy shall be permitted provided that: (i) the dwelling is made non -conforming by the adoption of an ordinance for reclassification to a less intense zone on or after August 26, 2003, (ii) the dwelling is constructed in conformance with development standards in the Zoning Code in effect on August 26, 2003, which were applicable to the property prior to reclassification to a less intense zone; (iii) the number of units shall not exceed the number of legally established units which existed on the effective date of said reclassification, (iv) reconstruction is in conformance with all applicable building codes and regulations, other than development standards as set forth above, in effect at the time of reconstruction, and (v) a complete application for a building permit to authorize reconstruction is filed with the Building Division within two years of the date of the event that caused the damage or destruction." SECTION 2. That subsection .030 be, and the same is hereby, added to Section 18.27.020 of Chapter 18.27 of Title 18 of the Anaheim Municipal Code to read as follows: ".030 Notwithstanding the foregoing, the reconstruction of any legally -established multiple -family dwelling located within the Anaheim Colony Historic District (bounded by North, South, East and West Streets) that is damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casualty or act of God, or of a public enemy shall be permitted provided that: (i) the dwelling is made non -conforming by the adoption of an ordinance for reclassification to a less intense zone on or after August 26, 2003, (ii) the dwelling M is constructed in conformance with development standards in the Zoning Code in effect on August 26, 2003, which were applicable to the property prior to reclassification to a less intense zone; (iii) the number of units shall not exceed the number of legally established units which existed on the effective date of said reclassification, (iv) reconstruction is in conformance with all applicable building codes and regulations, other than development standards as set forth above, in effect at the time of reconstruction, and (v) a complete application for a building permit to authorize reconstruction is filed with the Building Division within two years of the date of the event that caused the damage or destruction." 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 One Thousand Dollars ($1,000.00) 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. E THE FOREGOING ORDINANCE is approved adopted by e City Council of the City of Anaheim this 26 day of August, 2003. MAYOR OF THE OffY OF ANAHEIM ATTEST: TY CLERk OF THE CITY OF ANAHEIM 50283. 1 \SMANN/July 31, 2003 M 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. 5884 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 19th day of August, 2003, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 26th day of August, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, McCracken, Hernandez NOES: MAYOR/COUNCIL MEMBERS: None TEMP ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None CITY CLERK OF'THE CITY OF ANAHEIM (SEAL)