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5250FOLLOWS: ORDINANCE NO. 5250 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 17.06.150 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO REPAIR OF EXISTING EXCAVATION OR FILL WHICH CONSTITUTES A MENACE. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Section 17.06.150 of Chapter 17.06 of Tizle li oz the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1117.06.150 REPAIR OF EXISTING EXCAVATION OR FILL WHICH CONSTITUTES A MENACE. "Whenever the City Engineer determines by inspection that any existing excavation or fill from any cause has become a menace to life or limb, or endangers property, or affects the safety, usability or stability of a public way, the owner of the property upon which such excavation or fill is located, or other person or agent in control of the property, upon receipt of notice in writing from the City Engineer so to do, shall, within thirty (30) calendar days from the date of such written notice, commence the repair or reconstruction of such excavation or fill so that it will conform to the requirements of this chapter, or otherwise repair reconstruct, strengthen or eliminate such excavation or fill in a manner satisfactory to the City Engineer so that it will no longer constitute a menace or danger as aforesaid. A shorter period of time may be specified by the City Engineer if an imminent or immediate hazard is found to exist." SECTION 2. 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 the maximum fine provided in the California Penal Code for misdemeanors, 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. 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 27th day of August , 1991. � t7 MAYOR ATTEST: CITY CLERK OF THE CITY OF ANAHEIM I:\DOCS\ORDRES\067EXCAV.14 OF THE CITY OF ANAHEIM Y 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. 5250 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 20th day of August, 1991, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 27th day of August, 1991, 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. 5250 on the 28th day of August, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of August, 1991. 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. 5250 and was published once in the Anaheim Bulletin on the 6th day of September, 1991. 1 CITY CLERK OF THE CITY OF ANAHEIM