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4963FOLLOWS: ORDINANCE NO. 4963 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 1.01.389.020, 14.32.189.050, 17.28.030.120 AND 17.28.130.030.032 OF CHAPTERS 1.01, 14.32 AND 17.28 OF TITLES 1, 14 AND 17, RESPECTIVELY, OF THE ANAHEIM MUNICIPAL CODE, NUNC PRO TUNC, RELATING TO CERTAIN ORDINANCES CONTAINING CLERICAL ERRORS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Section 1.01.389.020 of Chapter 1.01 of Title 1 of the Anaheim Municipal Code be, and the same is hereby, amended, nunc pro tunc, to read as follows: 11.020 Nothing in this section is intended to or shall operate to change or shall have the effect of changing the status of the Code Enforcement Manager, Code Enforcement Officers, or other designated employees from public or miscellaneous employees of the City of Anaheim to an individual peace officer or safety member for purposes of retirement, Workers' Compensation or similar injury or death benefits, or any other employee benefits to which said officer or employee would not have been entitled to as a public employee prior to adoption of this section." SECTION 2. That Section 14.32.189.050 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code as adopted by Ordinance No. 4920 be, and the same is hereby, amended and renumbered, nunc pro tunc, to read as follows: ".070 Beach Boulevard, on both sides." SECTION 3. That Section 17.28.030.120 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended, nunc pro tunc, to read as follows: ".120 'Flood' or flooding' means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. (3) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition." SECTION 4. That Section 17.28.130.030.032 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended, nunc pro tunc, to read as follows: ".032 New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated above, in feet, the depth number specified on the FIRM above the highest adjacent grade. If there is no depth number on the FIRM, the lowest floor, including basement, shall be elevated two (2) feet above the highest adjacent grade. Nonresidential structures may meet the standards in Section 17.28.130.030.033. Upon completion of the structure, a registered professional engineer shall certify the elevation and provide the certification to the official set forth in Section 17.28.120.030." 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. -2- SECTION 6. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, 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 7. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby 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 27th day of September, 11.988. MAYOR OF THE CITY OF NAY.EIM ATTEST: CITY CLERK OF HE CITY OF ANAHEIM JWF:fm 2721L 090788 -3- 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. 4963 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 20th day of September, 1988, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 27th day of September, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4963 on the 28th day of September, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of September, 1988. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4963 and was published once in the Anaheim Bulletin on the 7th day of October, 1988. CITY CLERK OF HE CITY OF ANAHEIM