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5195A ORDINANCE NO. 5195 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 17.06.090 AND 17.06.100 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO ENGINEERING GEOLOGICAL REPORTS AND SOIL ENGINEERING REPORTS THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: Section 1. That Section 17.06.090 of Chapter 17.06 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended, in its entirety, to read as follows: 1117.06.090 ENGINEERING GEOLOGICAL REPORTS In the interest of public safety and welfare, the applicant shall provide to the City Engineer a thorough engineering geological investigation and report based on the grading plan. The report shall be performed by a licensed Engineering Geologist. Two copies of the complete and final report shall be submitted to the City Engineer. The City Engineer may, upon review of the geological report, require such additional information as the City Engineer deems necessary." Section 2. That Section 17.06.100 of Chapter 17.06 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended to read as follows: 1117.06.100 SOIL ENGINEERING REPORTS a) In the interest of public safety and welfare, the applicant shall submit to the City Engineer a thorough preliminary soils report based on the grading plan. b) The preliminary soils report may be waived, in writing, by the City Engineer if the City Engineer determines that, due to the knowledge the City has regarding the soils qualities of the soils of the subdivisions, no preliminary analysis is necessary. c) The soils investigation shall be undertaken by a civil engineer registered in this state, who shall recommend any corrective action which is necessary to prevent structural damage to each structure proposed to be constructed in all areas where soils problems exist. r d) If the preliminary soil report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required. d) The subdivision or portion thereof may be approved where soils problems exist if it is determined that the recommended action is likely to prevent structural damage to each structure to be constructed. Any building permit may be conditioned upon completion of the recommended corrective action." 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 8th day of January, 1991. A R F T I Y N I ATTEST: C4YCLEMOF THE CITY OF ANAHEIM MES:kh 3798L 071890 -2- A 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.5195 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.5195 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. CI'If 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. 5195 and was published once in the Anaheim Bulletin on the 18th day of January, 1991. z>� CITY CLERK OF THE CITY OF ANAHEIM