Loading...
5469ORDINANCE NO. 5469 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING IN THEIR ENTIRETY CHAPTERS 10.10 AND 10.12 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SOLID WASTE COLLECTION AND DISPOSAL AND SANITATION CHARGES THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Chapter 10.10 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "Chapter 10.10 WASTE COLLECTION AND DISPOSAL 10.10.010 DEFINITIONS. For purposes of this chapter, the following words, terms, phrases and their derivations shall have the meanings specified herein. .010 'Bulk containers' shall mean containers or bins having a capacity of approximately three cubic yards and furnished or supplied by the City or its Franchisee. .020 'City' shall mean the City of Anaheim. .030 'City Manager' shall mean the City Manager of the City of Anaheim, or his designated representative. .040 'City Solid Waste' shall mean any Solid Waste which was originally discarded by the first Generator thereof, prior to any processing, within the geographical limits of the City. .050 'Commercial Premises' shall mean any building or site in any zone of the City, other than Residential Premises, from which any business, service, non-profit, governmental, institutional, commercial or industrial activity is conducted including, without limitation, motels, hotels, recreational vehicle parks, restaurants, professional offices, clubhouses, places of entertainment, manufacturing plants, and private schools. .060 'Commercial Waste' shall means City Solid Waste generated, produced or discarded by or at Commercial Premises. i .070 'Compost' shall mean the product resulting from the controlled biological decomposition of organic wastes that are source -separated from the municipal Solid Waste stream. Compost waste consists of leaves, cuttings, trimmings, shrubs and grass. .080 'Construction and Demolition Waste' shall mean City Solid Waste generated, produced or discarded in connection with construction, demolition, landscaping, or general clean-up activities within the City including, without limitation, concrete, plaster, drywall, wood scraps, metals, dirt, rock and rubble. .090 'Franchisee' shall mean any person, persons, firm or corporation to whom a franchise has been granted by the City for the collection, processing, recycling and disposal of Solid Waste. .100 'Garbage' shall mean all animal and vegetable Refuse resulting from the preparation, handling or dispensing of food, including every accumulation of animal and vegetable matter that attends the preparation, consumption, decay, dealings in or storage of meats, fish, fruits, vegetables, tallow, bones or meat trimmings that are rejected as useless by the owner or producer thereof. .110 'Generator' shall mean any person who generates, produces or discards City Solid Waste. .120 'Hazardous Waste' shall mean (a) any waste which, by reason of its quality, concentration, composition, physical, chemical, or infectious characteristics may do either of the following: cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise mismanaged, or any waste which is defined or regulated as a Hazardous Waste, toxic substance, hazardous chemical substance or mixture, or asbestos under applicable law, as amended from time to time including, but not limited to: 91) the Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260-281, inclusive; (2) the Toxic Substances Control Act (15 U.S.C. Sections 2601 et seq.) and the regulations contained in 40 CFR Parts 761-766, inclusive; (3) Section 25117 of the California Health and Safety Code (West 1984 & Supp. 1991); (4) Section 40141 of the California Public Resources Code; and (5) future additional or substitute federal, state or local laws pertaining to the identification, treatment, storage or disposal of toxic substances or Hazardous Waste; and (b) radioactive materials which are source, special nuclear or by-product material as defined in the Atomic Energy Act of 2 I 1954 (42 U.S.C. Sections 2011, et seq.) and the regulations contained in 10 CFR Part 40. .130 'Medical Waste' shall mean waste capable of producing an infection or pertaining to or characterized by the presence of pathogens including, without limitation, certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing laboratories, mortuaries, taxidermists, veterinarians, veterinary hospitals and any waste which includes animal wastes or parts from slaughterhouses or rendering plants. .140 'Nuisance' shall mean anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or another condition specified in Section 3479 of the Civil Code of the State of California. .150 'Qualified Household Hazardous Waste' shall mean waste materials determined by the California Integrated Waste Management Board, or such governmental body as may succeed to its duties and powers under applicable law, or by the Department of Health Services, the Water Resources Control Board, or the Air Resources Board of the State of California to be: (1) Of a nature that they must be listed as hazardous in State statutes and regulations; or (2) Toxic/ignitable/corrosive/reactive; or (3) Carcinogenic/mutagenic/teratogenic; and which are discarded from households, as opposed to businesses. Qualified Household Hazardous Waste shall not include Hazardous Waste. .160 'Recoverable Materials' shall mean any item of Solid Waste which: (1) Is at least four (4) inches on one dimension and no larger than forty-eight (48) inches square; (2) Has a weight no greater than thirty (30) pounds; (3) Is uncontaminated in accordance with the specifications contained in the Franchise granted to the Franchisee; (4) Is separate from other Recyclable or non - Recyclable Materials, in accordance with the standards contained in the Franchise granted to the Franchisee; and 3 ri (5) Is unbagged or is bagged with less than 20% non -Recyclable Materials. .170 'Recyclable Materials' means any of the following materials, as described in the Franchise granted to a Franchisee, contained within a load of Source -Separated Single Family Recyclable Materials or Commercial Waste which are in such a state as to constitute Recoverable Materials: corrugated paper, newspaper, mixed paper, super mix paper, sorted office paper, sorted color ledger, sorted white ledger, computer print-out paper, aseptic packaging, aluminum cans, tin cans, HDPE natural, HDPE color, PET, other plastics, glass, greenwaste, wood waste, mixed metals, inerts, and any other type of recyclable waste so designated in the Franchise granted to any Franchisee. .180 'Recycle' or 'recycling' shall mean the process of collecting, sorting, cleansing, treating, and reconstituting or otherwise processing materials that are or would otherwise become Solid Waste and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace. .190 'Refuse' shall mean all non -recyclable Solid Waste, trash, Garbage, rubbish, offal, animal waste, and any other non -recyclable matter rejected as useless by the owner or producer thereof, whether combustible or non-combustible, except said term shall not include Hazardous Waste, Qualified Household Hazardous Waste or Medical Waste as defined in this chapter. .200 'Residential Premises' shall mean single-family dwellings and multiple -unit dwellings. .210 'Residential Waste' shall mean Solid Waste, including Recyclable Materials, originating from Residential Premises, except that Residential Waste shall not include Qualified Household Hazardous Waste. .220 'Residential Waste Container' shall mean a container having a capacity of either approximately 110 gallons or 60 gallons and furnished or supplied by the City or its Franchisee. Residential Waste Containers shall be colored black for Refuse material and green for recyclable material and such other combinations of containers and colors as deemed necessary by the City Manager. .230 'Self -Hauler' shall mean any person not engaged commercially in waste haulage who collects and hauls Residential Waste or Commercial Waste generated from residential, agricultural, commercial or industrial activities conducted solely by such person in quantities of less than five (5) tons per month. 4 I .240 'Solid Waste' shall mean all Garbage, Refuse, rubbish and other materials and substances discarded or rejected (or with respect to which the Generator pays for the disposal or removal thereof) as being spent, useless, worthless or in excess to the Generator thereof at the time of such discard or rejection and which are normally disposed of by or collected from residential, commercial, industrial, governmental and institutional establishments (including non -source -separated Qualified Household Hazardous Waste), which are acceptable at Class III landfills under applicable law, and which are originally discarded by the first Generator thereof and have not been previously processed. Solid Waste includes construction and demolition debris, yard waste and source -separated Recyclable Materials, but excludes dead animals. 10.10.020 SUPERVISION OF COLLECTIONS AND/OR FRANCHISEES .010 The City of Anaheim shall provide for the collection and disposal of City Solid Waste, including Refuse, Recyclable Materials and Compost, from residential, commercial and industrial establishments within the City either by granting a franchise to a public or private entity for such collection and disposal or by such other methods as the City Council may authorize. .020 The City and its duly authorized agents and employees, or Franchisee(s) and their duly authorized agents and employees, shall have the exclusive right to gather, collect and dispose of Solid Waste, including Refuse, Recyclable Materials and Compost, from all premises in the City in accordance with the provisions of this chapter; except that Self -Haulers as defined in this Chapter shall have the right, in a lawful manner, to dispose of any Solid Waste generated from their own activities. .030 Recyclable Materials which are placed within the public right-of-way or within a container furnished by the City or its Franchisee for collection purposes shall become the property of the City. It shall be unlawful for any person other than the employees or Franchisees of the City acting in the scope of their agency or employment to remove such material from the public right-of-way or container, or transport over the public streets of the City any recyclable material so removed. .040 The City Manager shall supervision of such collection and prescribe and establish the routes and such routes and/or days of collection changed, the City Manager shall give thereof to the public. 5 have charge and disposal and shall days thereof. When are established or appropriate notice I .050 The City Manager may establish such procedures as may be deemed necessary for reporting of materials reduced, recycled or Composted by business establishments doing business within the City of Anaheim, to determine quantities of materials pertaining to the achievement of reduction and recycling goals of twenty-five percent by 1995 and fifty percent by 2000, as set forth in Section 41780 of the Government Code. 10.10.030 SPECIFICATIONS FOR SOLID WASTE CONTAINERS. .010 Solid Waste containers including, but not limited to, residential containers, bulk containers and recyclable material containers, shall be furnished by the City or its Franchisee, unless otherwise exempted or specifically approved by the City Manager. .020 Each container shall be kept in a clean and sanitary condition by the owner or person in charge of the premises which said container serves. .030 The combined weight of each Solid Waste container and the contents thereof shall not exceed 300 pounds, and contents shall not extend more than two feet above the level rim of the container. 10.10.040 PROCEDURES FOR THE HANDLING AND STORAGE OF CITY SOLID WASTE AND RECYCLABLE MATERIALS. City Solid Waste and Recyclable Materials shall be placed directly into Solid Waste and Recyclable Materials containers except as hereinafter provided: .010 Garbage shall first be drained and wrapped to eliminate odor, leakage and fly and rodent infestation before being placed in Solid Waste containers. .020 Waste and manure from animals, except that generated from farms or stables, shall first be placed in moisture resistant bags, securely sealed to prevent leakage, odor, and fly and rodent infestation, before being placed in Solid Waste containers. .030 Medical Waste shall be stored, transported and disposed of in accordance with Article 13 of the California Administrative Code, as the same may be amended from time to time. .040 Ashes and dust shall be placed in disposable bags securely sealed to prevent leakage before being placed in Solid Waste containers. .050 Grass clippings, cuttings, leaves and other smaller vegetation including shrubs, brush and tree C.1 trimmings cut into short lengths shall be placed in Solid Waste containers or other containers as specified by the City Manager. .060 Boxes and crates shall be dismantled or flattened. Boxes and crates constructed of Recyclable Materials shall be placed in a Solid Waste container designated for Recyclable Materials. .070 Construction and demolition waste or manure from farms and stables shall be stored in approved containers in a manner so as not to create a nuisance and at a location approved by the City Manager. .080 It shall be unlawful for a person occupying or having control of any premises to introduce Refuse, contaminated material or any materials which are not recyclable into a Solid Waste container designed for Recyclable Materials. .090 Every person occupying or having control of any premises shall insure that a sufficient number of Solid Waste and Recyclable Materials containers are available to properly store all waste and Recyclable Materials generated at said premises. .100 Hazardous Waste and Qualified Household Hazardous Waste shall not be placed and/or stored in Solid Waste containers but shall be disposed of as hereinafter specified and in accordance with Chapter 6.5 of Division 20 of the California Health and Safety Code, as the same may be amended from time to time. 10.10.050 PLACEMENT OF CONTAINERS FOR COLLECTION. .010 Every person occupying or having charge or control of any residence in the City of Anaheim shall place all Solid Waste, Recyclable Materials and Compost waste for collection at a curb, parkway, or alley adjacent to the premises, the exact location of which shall be approved by the City Manager. The City Manager may also approve alternate locations which are readily accessible for collection. .020 Residential Waste and Recyclable Materials shall be placed for collection at the prescribed location only between the hours of 4:00 p.m. of the day prior to collection and 7:00 a.m. of the day of collection. Containers shall be removed no later than 12:00 midnight the day of collection and shall be stored in an area screened from public view. .030 Persons utilizing bulk containers for residences, unless said containers are stored in an approved enclosure 7 accessible for collection, shall place such bulk containers for collection and remove them on a time schedule approved by the City Manager. .040 Persons in charge of commercial and industrial establishments shall place Solid Waste and Recyclable Materials for collection at a location determined and approved by the City Manager. .050 Persons in charge of commercial and industrial establishments shall place Solid Waste and Recyclable Materials for collection no earlier than closing time of the day prior to collection. Reusable containers shall be removed no later than 10:00 p.m. the day of collection and shall be stored in an area screened from public view. .060 Persons in charge of commercial and industrial establishments utilizing bulk containers shall, unless said containers are stored in an approved enclosure accessible for collection, place such containers for collection and remove same on a time schedule approved by the City Manager. 10.10.060 FREQUENCY OF SOLID WASTE COLLECTION. Solid Waste collections shall be made as follows: .010 Single-family dwellings, duplexes, triplexes, and apartments of four or fewer units shall receive one Solid Waste collection of Refuse per week and not less than one Solid Waste collection of recyclable material every two weeks. .020 Apartment complexes of five or more units shall use bulk containers provided by the City or its Franchisee, unless otherwise approved by the City Manager. Apartment complexes of fewer than five units, condominium complexes and mobile home parks may use bulk containers provided by the City or its Franchisee. Any such complex or park using bulk containers shall receive one of the classes of services specified in subparagraph .050 hereof, as determined appropriate by the City Manager. .030 Every person occupying or having control of any residence within such complexes or parks shall place Recyclable Materials in such bulk containers as the City Manager may specify. .040 Collection shall be made from a maximum of one City -approved Solid Waste container from commercial and industrial establishments once per week. Establishments requiring collection of more than one container per week shall use bulk containers supplied by the City or its Franchisee. Such establishments using bulk containers I shall receive one of the classes of services specified in subparagraph .050 hereof, as determined appropriate by the City Manager. .050 The following levels of collection are available to those premises utilizing bulk containers: Class A — One collection per week of one or more bulk containers. Class B — Two collections per week of one or more bulk containers. Class C — Three collections per week of one or more bulk containers. Class D — Four collections per week of one or more bulk containers. Class E — Five collections per week of one or more bulk containers. Class F — Six collections per week of one or more bulk containers. Class G — Special services which are provided at construction -demolition sites, farms, stables, and those establishments at which regular Solid Waste collection is made impractical by virtue of the character or quantity of the Solid Waste, shall be collected at a frequency established by the City Manager. 10.10.070 PROCEDURES FOR THE DISPOSAL OF HAZARDOUS AND QUALIFIED HOUSEHOLD HAZARDOUS WASTE. Every person occupying or having charge of any residential premises in the City shall, at least once every ninety days unless more frequent disposal is required, dispose of all Hazardous Waste and Qualified Household Hazardous Waste which has accumulated at such premises. Hazardous Waste and Qualified Household Hazardous Waste shall not be placed for regular collection but shall be disposed of as hereinafter specified or in a lawful manner in accordance with Chapter 6.5 of the California Health and Safety Code. .010 Group 1 materials such as caustics, toxics, acids, chemicals, paints, and liquids shall be disposed of by the owner or possessor thereof only at an approved Class 1 disposal site. The waste must be in its original container and labeled clearly. The containers must be sound and not leaking. Glass containers must be protected from breakage. 9 I .020 Radioactive materials shall be disposed of by the owner or possessor thereof under the supervision of the Orange County Health Department. .030 Explosives or highly flammable material, including small arms ammunition, war souvenirs, or black powder shall be disposed of by, or under the supervision of, the City Fire Department. .040 Abandoned, inoperative or dismantled vehicles or major component parts thereof shall be disposed of as specified in Chapter 6.80 of this Code. .050 Dead animals shall be disposed of by, or under the supervision of, the Orange County Animal Shelter. 10.10.080 ENCLOSURES FOR SOLID WASTE CONTAINERS. .010 Solid waste and recyclables container enclosures shall be required for any construction, reconstruction or alteration of any multiple -family dwelling of five units or more or any commercial or industrial establishment within the City for which a building permit is required after the effective date of this Section. All such enclosures shall be constructed in accordance with specifications approved and on file with the City Manager and the Building Division. Required building permits shall not be issued until the City Manager has approved the size, design and location of said enclosures. .020 Enclosures shall be used solely for the storage of solid waste and recyclables containers and shall be maintained in a safe, clean and usable condition. .030 All multi -family residential (five or more units), commercial, industrial or institutional development projects referred to in this Section as 'projects') which utilize a centralized collection area for solid waste shall include an area or areas for the collection of recyclable materials (herein referred to as 'recyclables'). Such an area or areas shall be in addition to the space allocated for the collection of solid waste. .040 Prior to the issuance of a building permit for all new projects requiring a building permit, the proponent of the project shall obtain the review and approval of the Director of Maintenance or his designee of a plan depicting the recyclables collection area or areas for the project. The plan shall comply with the following provisions: (1) Location. Recyclables collection areas may be located either indoors or outdoors and may be included as part of the same enclosure where solid waste is collected. In no case shall any recyclables collection area be farther 10 A 10.10.080 from a dwelling unit or structure than the solid waste collection area which serves the same dwelling unit or structure. (2) Design. Collection areas which are outdoors shall be enclosed by a wall not less than five (5) feet in height. Additionally, an outdoor area shall be covered , or the recyclables collection containers shall have weatherproof lids. Enclosures and containers shall be readily accessible to residents or employees but shall be designed to discourage scavenging of materials. (3) Signage. Collection areas and containers shall be clearly labeled to indicate the type and condition of materials accepted. (4) Space Allocation based on an approved recycling plan. In lieu of having specific collection area space allocation tables or formulas, and to allow maximum flexibility, a recycling plan may be submitted by the applicant which details the recyclables collection system from the individual work stations to the final collection area and/or the size of interim and final collection areas (which must be minimum of 128 square feet) and type of materials collected. 10.10.090 TRANSPORTATION OF MEDICAL WASTE, HAZARDOUS WASTE OR QUALIFIED HOUSEHOLD HAZARDOUS WASTE. .010 Any vehicle used for the transportation of Medical Waste, Hazardous Waste or Qualified Household Hazardous Waste shall be so constructed as to prevent the loss, spillage, or leakage of its contents and in accordance with Chapter 6.5 of Division 20 of the California Health and Safety Code. .020 The amount of waste transported in a single load shall not exceed five gallons or fifty pounds. .030 The waste shall be segregated from passengers during transport. 10.10.100 EMERGENCIES. The City Manager may, at his discretion, issue limited or temporary permits to anyone to perform any of the services covered by this chapter during any period of emergency as determined by the City Manager. Any permit so issued shall be subject to such reasonable fees and conditions as the circumstances may warrant and as the parties involved may agree upon, provided that such fees received from, or paid to anyone under this section for any 11 i 10.10.080 period exceeding fifteen days shall require approval of the City Council. 10.10.110 ILLEGAL DISPOSAL OF SOLID WASTE, MEDICAL WASTE, HAZARDOUS WASTE OR QUALIFIED HOUSEHOLD HAZARDOUS WASTE. It shall be unlawful for any person to throw, place, scatter or deposit any Solid Waste, Medical Waste, Hazardous Waste or Qualified Household Hazardous Waste, in, upon, or below the land of another, or upon any public property or right-of-way, except as herein authorized, or to throw, place, scatter or deposit any said waste in, upon or below the surface of any premises in such a manner that the same is or may become decayed, putrid or a nuisance or may otherwise endanger the public health or safety. 10.10.120 FAILURE TO CORRECT AFTER NOTIFICATION. Any person who is the owner, tenant, lessee, or person in control of premises in the City of Anaheim, and who, after written notice of a violation from the City of Anaheim, wilfully fails or refuses to correct such violation of this chapter within the time specified n such written notice shall be guilty of an infraction. 10.10.130 ENFORCEMENT PROVISIONS. .010 The City Manager or his authorized representative shall have, upon the issuance of a judicial warrant or, in an emergency, upon probable cause, the authority to enter and inspect, at any reasonable time, any premises to investigate suspected or reported violations of this chapter. .020 The Code Enforcement Manager and Code Enforcement Officers shall have the duty and authority to enforce the provisions of this chapter pursuant to Section 1.01.389 of this Code. .030 Violation of Section 10.10.020.030, or transportation or disposal of waste in violation of Sections 10.10.070, 10.10.090 or 10.10.110 of this chapter is hereby declared to be a misdemeanor punishable as set forth in Section 1.01.370 of this Code. .040 Violation of any of the remaining provisions of this chapter is hereby declared to be an infraction punishable in accordance with the applicable provisions of the California Penal Code." 12 10.10.080 SECTION 2. That Chapter 10.12 of Title 10 of the Anaheim Municipal Code be amended in its entirety to read as follows: "Chapter 10.12 SANITATION CHARGES For purposes of this chapter, the term 'Sanitation Charges' shall include any fees and charges levied for Solid Waste collection, sewer system maintenance, and street cleaning services as established by this Code or by resolution of the City Council. 10.12.020 CITY COUNCIL TO SET SANITATION CHARGES. The City Council shall establish by resolution all sanitation charges which are billed and collected by the City of Anaheim for residential, commercial and industrial establishments. 10.12.030 PUBLIC UTILITIES DEPARTMENT TO COLLECT CHARGES. It shall be the duty of the Public Utilities Department of the City to collect all sanitation charges. 10.12.040 SANITATION FUND. There is hereby created a fund which shall be known as the Sanitation Fund. All money collected pursuant to the charges fixed by the City Council for use of the City's sanitation services, including Solid Waste collection, sewer system maintenance, and street cleaning shall be placed in said fund. Said fund shall be used only for such purposes as are permitted by law. 10.12.050 MANNER OF BILLING AND COLLECTION OF CHARGES—DEPOSIT MAY BE REQUIRED. .010 The sanitation charges fixed for any premises shall be collected with the charges and rates for electricity service furnished by the City to such premises. Said charges shall be billed upon the same bill as is prepared for charges for electricity service, and shall be due and payable at the same time that such charges for electricity service are due and payable. The total amount due for said 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. 13 a 10.10.080 .020 In the event that the City does not furnish electricity service to a premises but does furnish water service to such premises, then the sanitation charges for such premises shall be collected with the charges and rates for water service furnished by the City to such premises. In such event the charges shall be billed upon the same bill as is prepared for charges for water service and shall be due and payable at the same time that such charges for water service are due and payable. The amount due for the sanitation charges and for the 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 total amount. .030 In the event that the City furnishes neither electricity service nor water service to a premises, then the sanitation charges for such premises shall be due and payable to the Public Utilities Department in advance in an amount and for such a period as established by resolution of the City Council. .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 Public Utilities Department prior to commencement or continuation of any sanitation services to insure collection of said charges. 10.12.060 FAILURE TO PAY CHARGES—SUSPENSION OF SERVICE. In the event that any person, firm or corporation shall fail to pay any sanitation charge when the same becomes due, the City may, in addition to any other remedies it has, discontinue any of said services and facilities referred to in this chapter, and shall not resume the same to such person, firm or corporation until all delinquent charges together with any charges necessitated by resumption of such services and facilities and any required deposit, have been fully paid. 10.12.070 SEWER CONNECTION CHARGES—AREAS ANNEXED OR TO BE ANNEXED. The City Council shall establish from time to time, by resolution, the charges to be made for any and all connections with public sewerage system in areas annexed to, or otherwise having become a part of, the City of Anaheim from and after the first day of March, 1938. 14 I 10.10.080 10.12.080 SEWER CONSTRUCTION AND RECONSTRUCTION FUND. There is hereby created the Sewer Construction and Reconstruction Fund. All monies collected pursuant to the authority of Section 10.12.070 shall be placed in the Sewer Construction and Reconstruction Fund and shall only be used for the expansion, reconstruction and repair of the sanitary sewer system." 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 13th day of D ember, 1994. MAYO F THE C Y OF HEIM ATTEST• CITY CLERK OF THE CITY OF ANAHEIM 9124.2\EEGAN\November 29, 1994 15 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. 5469 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 6th day of December, 1994, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 13th day of December, 1994, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None COUNCIL VACANCY: COUNCILMEMBER: One AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5469 on the 13th day of December, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of December, 1994. 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. 5469 and was published once in the North Orange County News on the 22nd day of December, 1994. CITY CLERK OF THE CITY OF ANAHEIM