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(SFE CorNci[ ORDINANCE NO. 9 y
AN ORDINANCE OF THE CITY OF ANAHEIM TO ADD
Mts. moyr 49,*) CHAPTER 6.99 TO THE ANAHEIM MUNICIPAL CODE TO
IMPOSE THE COSTS OF CRIMINAL INVESTIGATIONS
UPON PERSONS WHO COMMIT CRIMINAL ACTS.
WHEREAS, the City of Anaheim expends millions of dollars
yearly in the investigation, prevention, and prosecution of
criminal activities; and
WHEREAS, the City's costs of policing these activities is
presently generally paid by the taxpayers of the City; and
WHEREAS, the criminal justice system, due to the
uncertainties inherent therein, is inadequate to adequately
suppress criminal activity or to reimburse the City for the City's
expenditures in the investigation, prevention and prosecution of
criminal activities; and
WHEREAS, the shifting of the burden of the City's costs
in the investigation, prevention, and prosecution of criminal
activities from the general taxpayer to the persons who commit
criminal acts is both fair and equitable; and
WHEREAS, the shifting of those costs is necessary and
desirable to further deter persons from such criminal acts; and
WHEREAS, this ordinance is adopted pursuant to both the
City of Anaheim's police and taxing powers pursuant to the Charter
of the City of Anaheim and the California Constitution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Chapter 6.99 be added to Title 6 of the Anaheim
Municipal Code to read as follows:
"CHAPTER 6.99
COSTS OF CRIMINAL LAW ENFORCEMENT
SECTION 6.99.010 GENERALLY
The costs of the City of
Anaheim incurred in the investigation, apprehension,
and prosecution of criminal acts are hereby imposed
upon and shall constitute an obligation of the person,
persons, or entities (hereinafter 'person') who
undertake and commit said criminal acts.
SECTION 6.99.020 CRIMINAL ACTS DEFINED
The term 'criminal acts' as
used in this Chapter include but are not limited to any
act, or failure to act, which act or failure
constitutes an infraction, misdemeanor, or felony under
any ordinance of the City of Anaheim or any other city
or county, the laws of California or any state, or the
laws of the United States or any other state or
country, where said criminal act is investigated,
prosecuted or otherwise enforced, in whole or in part,
by employees or agents of the City of Anaheim,
including instances where employees or agents of the
City of Anaheim cooperate with other law enforcement
agencies.
SECTION 6.99.030 CONVICTIONS NOT REQUIRED
It is the intention of this
Chapter that the person or persons who commit criminal
acts bear the costs imposed by this Chapter whether or
not criminal charges are filed or prosecuted. Neither
the failure to file criminal charges, the dismissal of
criminal charges, nor the acquittal of a person of
criminal charges shall relieve the person of the
obligations imposed by this Chapter.
SECTION 6.99.040 JOINT AND SEVERAL OBLIGATION
The obligations imposed by
this Chapter shall be the joint and several obligation
of all persons who conspire to commit or aid and abet
any criminal act.
SECTION 6.99.050 COSTS DEFINED
The obligations imposed by
this Chapter shall include all costs of the City of
Anaheim incurred in the investigation and prosecution
of criminal acts and the apprehension of persons who
commit criminal acts including but not limited to wages
paid to City personnel (including the City's 'burden'
for employee benefits), the costs of City equipment
used, the cost of medical and other experts and
consultants, and an additional amount to cover costs of
administration. The cost of administration shall be
determined on an annual basis as a percentage of the
wages by the department head and added to the costs of
the particular investigation or proceeding.
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SECTION 6.99.060 COMPUTATION OF COSTS
Each department head shall
compute all of the costs imposed by this Chapter and
shall forward a 'notice to bill' to the Director of
Finance for collection purposes. The City Manager
shall promulgate rules necessary or desirable to
implement this Chapter and to coordinate the
computation of costs when multiple City departments are
affected or involved. The Department of Finance shall
prepare and forward an invoice for the costs imposed by
this Chapter to the person or persons liable therefor.
SECTION 6.99.070 CHALLENGE TO INVOICE
Any person who receives an
invoice for charges imposed by this Chapter who
disputes the calculation of those charges may after
payment under protest, within thirty (30) days of
receipt of the invoice, appeal the determination or
calculation, by filing a written notice of appeal with
the Finance Department. Upon receipt of a notice of
appeal, the City shall appoint a hearing officer to
consider the challenge to the invoice. The hearing
officer shall fix a time and place for a hearing on the
challenge and give written notice to the appellant. A
rebuttable presumption shall exist that the
calculations in the invoice is correct and that the
burden of proof on the issues at the hearing shall be
upon the appellant. The hearing officer shall render a
decision on the matter within ten (10) days of the
close of the hearing by mailing a copy of the decision
to the appellant and filing the original with the City
Clerk.
The City Clerk shall make a
copy of the decision available to each member of the
City Council. An appellant aggrieved by the decision
of the hearing officer, a member of the City Council,
or the City Manager may appeal the decision of the
hearing officer by filing a written notice of appeal to
the City Council within ten (10) days from the date the
decision is deposited in the mail to the appellant.
The City Clerk shall give
notice in writing to the appellant of the hearing de
novo before the City Council or its hearing officer.
The rebuttable presumption that the invoice is correct
shall exist and the burden of proof shall be upon the
appellant subject to the provisions of Section 1.12.100
(Rehearings). The determination of the City Council
shall be final and conclusive.
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SECTION 6.99.080 DEPOSIT IN GENERAL FUND
All monies received pursuant
to this Chapter shall be deposited in the General Fund.
SECTION 6.99.090 APPLICATION TO PENDING MATTERS
The obligations imposed by
this Chapter shall apply to all pending and future CITY
activities including costs of the City incurred on or
after the effective date of this Chapter in matters
pending prior to the effective date of the Chapter."
SECTION 2.
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 3. 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 day of
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
MES : f m
2667L
072988
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