540816
ORDINANCE NO. 5408
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SUBSECTIONS 18.21.040.060 AND 18.61.040.060
TO SECTIONS 18.21.040 AND 18.61.040,
RESPECTIVELY, OF CHAPTERS 18.21 AND 18.61 OF
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING (REMEDIATION OPERATIONS
PURSUANT TO STIPULATED JUDGMENT).
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That new subsection .060 be, and the same is hereby,
added to Section 18.21.040 of Chapter 18.21 of Title 18 of the
Anaheim Municipal Code to read as follows:
11.060 Scrap metal salvage and shredding, automobile
dismantling, and used auto parts businesses pursuant to
a stipulated judgment approved by the City Council and
ordered by the Orange County Superior Court, with
operation of the businesses authorized solely for the
purpose of remediation of toxic and/or hazardous
materials and/or waste on the subject property, and
expressly contingent upon continued compliance with the
stipulated judgment and the requirements of any and all
regulatory agencies with jurisdiction on such matters.
Termination of the use shall be pursuant to the terms
of the stipulated judgment and shall not be pursuant to
the provisions of this Title."
SECTION 2.
That new subsection .060 be, and the same is hereby,
added to Section 18.61.040 of Chapter 18.61 of Title 18 of the
Anaheim Municipal Code to read as follows:
11.060 Scrap metal salvage and shredding, automobile
dismantling, and used auto parts businesses pursuant to
a stipulated judgment approved by the City Council and
ordered by the Orange County Superior Court, with
operation of the businesses authorized solely for the
purpose of remediation of toxic and/or hazardous
materials and/or waste on the subject property, and
expressly contingent upon continued compliance with the
stipulated judgment and the requirements of any and all
regulatory agencies with jurisdiction on such matters.
Termination of the use shall be pursuant to the terms
of the stipulated judgment and shall not be pursuant to
the provisions of this Title."
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.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 30th day of November ,
1993.
MAYOR OF THE CITY OF AHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
- 2 -
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. 5408 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 16th day
of November, 1993, and that the same was duly passed and adopted at a regular meeting of said City Council
held on the 30th day of November, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5408 on the 1st
day of December, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this
1st day of December, 1993.
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. 5408 and was published once in the Anaheim Bulletin on the 9th day of December, 1993.
CITY CLERK OF THE CITY OF ANAHEIM