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5199i ORDINANCE NO. 5199 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 17.04.115 AND 17.06.047 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO NOTICE REQUIREMENTS FOR HEARINGS PERTAINING TO GRADING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 17.04.115 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "Prior to any decision by the City Engineer concerning the issuance or revocation of any grading permit, including any decision approving or denying any grading plan, such matter shall be set for a public hearing before the City Engineer. Notice of the time and place of said public hearing, including a general description of the location of the project, shall be given by publication at least once in a newspaper of general circulation, circulated in the City of Anaheim, and mailing written notices thereof to all property owners shown on the latest equalized assessment roll as owning real property within 300 feet of the property which is the subject of the application at least 10 days before the hearing. For purposes of conducting any hearings and making any decisions specified in this chapter, the term "City Engineer" as used in this chapter shall include any designated representative of the City Engineer." SECTION 2. That Section 17.06.047 of Chapter 17.06 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "Prior to any decision by the City Engineer concerning the issuance or revocation of any grading permit, including any decision approving or denying any grading plan, such matter shall be set for a public hearing before A the City Engineer. Notice of the time and place of said public hearing, including a general description of the location of the project, shall be given by publication at least once in a newspaper of general circulation, circulated in the City of Anaheim, and mailing written notices thereof to all property owners shown on the latest equalized assessment roll as owning real property within 300 feet of the property which is the subject of the application at least 10 days before the hearing. For purposes of conducting any hearings and making any decisions specified in the chapter, the term "City Engineer" as used in this chapter shall include any designated representative of the City Engineer." 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 Five Hundred Dollars ($500.00) 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 - 2 - A 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 15th day of January 3-991 . ATTEST: 4 '21 CITY CLERK OF THE CITY OF ANAHEIM MEG: db O67GRDNG.159 121990 - 3 - tom' YOR OF THE TY OF r AHEI i 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.5199 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 8th day of January, 1991, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 15th day of January, 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.5199 on the 16th day of January, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of January, 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. 519.9 and was published once in the Anaheim Bulletin on the 25th day of January, 1991. ��D � , " M, �_ � 1---1 �-�a CITY CLERK OF THE CITY OF ANAHEIM