5197ORDINANCE NO. 5197
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS SECTIONS OF CHAPTER 17.06 OF TITLE 17
OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO
GRADING.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1.
That Section 17.06.281 of Chapter 17.06 of Title 17 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
1117.06.281 DECISION OF CITY ENGINEER AS FINAL
Any decision of the City Engineer made pursuant
to this chapter, including but not limited to
any decision concerning the issuance, issuance
with conditions, denial, or revocation of any
grading permit or the approval or denial of any
grading plan, shall be final and conclusive."
SECTION 2.
That Section 17.06.290 of Chapter 17.06 of Title 17 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
1117.06.290 CONDITIONAL EXCEPTIONS TO CHAPTER
Conditional exceptions to the regulation
contained in this chapter shall be permitted
upon a finding by the City Engineer that
exceptional or special circumstances apply to
the property. Such exceptional or special
circumstances shall include unusual size,
shape or topography of the property, drainage
problems, or the impracticability of employing
a conforming grading plan, layout, or lot line
positioning by reason of prior recorded
subdivisions or characteristics of contiguous
properties.
Application for the waiver of any requirement
of this chapter shall be filed with the City
Engineer and shall be accompanied by a filing
fee in such amount as established by resolution
of the City Council. The City Engineer shall
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hold a public hearing upon such application,
notice of the time and place of such hearing
shall be given by publication at least once in
a newspaper of general circulation, circulated
in the City of Anaheim, and mailing written
notice 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. The decision
of the City Engineer shall be final and
conclusive."
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
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.
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u
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 8th day of January
1991.
Q/
Y R OF THE TY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
MES:kh
067GRADI.159
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i
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No.5197 was introduced at a regular meeting of the City
Council of the City of Anaheim, held on the 18th day of December, 1990, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 8th 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.5197 on the 9th day of January, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 9th day of January, 1991.
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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. 5197 and was published once in
the Anaheim Bulletin on the 18th day of January, 1991.
CITY CLERK OF THE CITY OF ANAHEIM