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5009FOLLOWS: ORDINANCE NO. 5009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING AND AMENDING CERTAIN SECTIONS OF CHAPTERS 17.04 AND 17.06 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO GRADING THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That new Section 17.04.115 be, and the same is hereby, added to Chapter 17.04 of Title 17 of the Anaheim Municipal Code to read as follows: "17.04.115 _NOTICE AND HEARING 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 at least ten (10) days before the hearing by either (1) 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, or (2) by both the posting of such notice on and off the site in the area where the project is located and by publication of such notice at least once in a newspaper of general circulation published and circulated in the City. 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 17.04.160 be, and the same is hereby, amended to read as follows: "17.04.160 APPEALS .010 Any person aggrieved by any decision of the City Engineer may appeal such decision to the City Council by filing a notice of appeal with, and paying the required filing fee to, the City Clerk. Such notice of appeal and fee shall be filed within ten (10) days following the date of such decision by the City Engineer. The filing fee referred to in this section shall be an amount as established by resolution of the City Council. .020 Upon timely receipt of such appeal and filing fee, the City Clerk shall immediately forward such appeal to the City Council which shall hold a public hearing thereon not more than forty days following the date of appeal. Notice of such hearing shall be given in the same manner as provided in Section 17.04.115. The City Council shall have the discretion to grant or deny the appeal or modify the decision of the City Engineer. The decision of the City Council shall be final. SECTION 3. That Section 17.04.170 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "17.04.170 EXPIRATION AND EXTENSION OF PERMITS Every permit issued hereunder shall expire at the end of sixty (60) days following the estimated date of completion as set forth in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the City Engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the City Engineer such an extension is necessary, he may grant additional time for the completion of the work." SECTION 4. That new Section 17.06.047 be, and the same is hereby, added to Chapter 17.06 of Title 17 of the Anaheim Municipal Code to read as follows: "17.06.047 NOTICE AND HEARING 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 iven at least ten (10) days before the hearing by either g(I) 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, or (2) by both the posting of such notice on and off the site in the area 032089 2 where the project is located and by publication of such notice at least once in a newspaper of general circulation published and circulated in the City. 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 5. That Section 17.06.281 be, and the same is hereby, amended to read as follows: "17.06.281 APPEALS .010 Any person aggrieved by any decision of the City Engineer may appeal such decision to the City Council by filing a notice of appeal with, and paying the required filing fee to, the City Clerk. Such notice of appeal and fee shall be filed within ten (10) days following the date of such decision by the City Engineer. The filing fee referred to in this section shall be an amount as established by resolution of the City Council. .020 Upon timely receipt of such appeal and filing fee, the City Clerk shall immediately forward such appeal to the City Council which shall hold a public hearing thereon not more than forty days following the date of appeal. Notice of such hearing shall be given in the same manner as provided in Section 17.06.047. The City Council shall have the discretion to grant or deny the appeal or modify the decision of the City Engineer. The decision of the City Council shall be final. .030 The City Council may at its discretion appoint a Special Board of Appeals composed of the following: one member qualified in the field of geology; one registered Civil Engineer experienced in tract grading design; one registered Civil Engineer experienced in soil mechanics and foundation engineering; one engineering contractor possessing a valid contractor's license issued by the State of California and one other person. Such Board of Appeals, or any part thereof, may be used by the City Council at its discretion to assist the Council in its determination of any appeal before it." 032089 3 SECTION 6. That Section 17.06.260 of Chapter 17.06 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "17.06.260 PERMIT EXPIRATION -RENEWAL Every permit issued under the provisions of this chapter shall expire at the end of sixty (60) days following the estimated date of completion as set forth in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the City Engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If, in the opinion of the City Engineer, such an extension is necessary, he may be granted additional time for the completion of the work." SECTION 7. 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 8. 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. 032089 4 THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 11th day of April, 1989. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:lm 2942L 032089 5 CLERK 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. 5009 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 4th day of April, 1989, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 11th day of April, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood 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. 5009 on the 12th day of April, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of April, 1989. 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 Ordinance No. 5009 and was published once in the Anaheim Bulletin on the 21st day of April, 1989. CITY CLERK OF THP: CITY OF ANAHEIM