4854FOLLOWS:
ORDINANCE NO. 4854
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 12.29 TO TITLE 12 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO SIDEWALKS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That new Chapter 12.29 of Title 12 of the Anaheim
Municipal Code be, and the same is hereby, added to read as
follows:
"CHAPTER 12.29
REPAIR OF SIDEWALKS - PROVISION
FOR ALLOCATION OF COST
12.29.010 DAMAGE CAUSED BY TREE ROOTS -
COST/REPAIR BY TREE OWNER
The owner of any property on which is
situated a tree which causes an adjacent City -owned
sidewalk to become cracked, uplifted or depressed due
to growth of roots or other material below or next to
the sidewalk shall be responsible for repair of the
damaged sidewalk and, if necessary, removal of the
tree.
12.29.020 NOTIFICATION BY CITY PERSONNEL
The City department responsible for
maintenance and repair of sidewalks, when aware of
such a condition, shall notify the property owner of
the requirement to repair the sidewalk, removal of
the roots or other cause of damage and, if necessary,
either removal of the tree or execution and
recordation of an unsubordinated covenant in a form
approved by the City Attorney indemnifying and
holding the City harmless from any injury or damage
caused by the tree including weakening of the tree
due to root removal.
12.29.030 REPAIR BY CITY - FEE
If following notification by the
appropriate City department, the property owner fails
to correct the condition within the time specified in
the notice, the City may repair the sidewalk and take
all other necessary actions to correct the
condition. The property owner shall pay for the cost
of repair by payment of a fee or fees established ��
from time to time by resolution of the City Council.
SECTION 2. 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.
SECTION 3. 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.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 28th day of July, 1987.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
* '0/
CITY CLERK OF HE CITY OF ANAHEIM
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1898L
070987
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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. 4854 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 21st day of July, 1987, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 28th day of July, 1987, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood 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. 4854 on the 28th day of July, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 28th day of July, 1987.
VF V ..�..
,CITY CLERK OF THEOCITY 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. 4854 and was published once in the
Anaheim Bulletin on the 7th day of August, 1987.
CITY CLERK