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RES-2008-114RESOLUTION NO. 2008- 114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES RELATING TO THE APPEAL OF ANY ADVERSE DETERMINATION OR ACTION UNDER CHAPTERS 10.08 AND 10.09 OF THE ANAHEIM MUNICIPAL CODE WHEREAS, Section .100 of Chapter 10.08 of the Anaheim Municipal Code provides for regulations and standards relating to discharge of fats, oils and grease "FOG to sewer facilities and specifies the appropriate discharge requirements for food service establishments "FSEs ")in the City of Anaheim; and WHEREAS, Chapter 10.09, "National Pollution Discharge Elimination System" "NPDES establishes a water quality enforcement program providing for the prohibition on illicit connections and prohibited discharges to the storm drain system; and WHEREAS, subsection .170 of Section .100 of Chapter 10.08 of the Anaheim Municipal Code provides that the City Council shall establish by separate Resolution an administrative hearing fee for an appeal of any adverse determination or action made pursuant to Chapter 10.08 of the Anaheim Municipal Code; and WHEREAS, subsection .010 of Section .060 of Chapter 10.09 of the Anaheim Municipal Code provides that the City Council shall establish, by separate Resolution, an administrative hearing fee for an appeal of any of the following actions: a notice of noncompliance, an administrative compliance order, a notice of legal nonconforming connection, an invoice for costs, or an adverse determination or action made pursuant to Chapter 10.09 of the Anaheim Municipal Code. WHEREAS, the fees are proposed at a reasonable level to recover the cost of processing an administrative appeal hearing and the fees established do not exceed the estimated reasonable costs of processing such appeals in connection therewith. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that an administrative hearing fee of One Hundred Fifty Dollars ($150.00) is hereby established for, and shall accompany, the filing of any appeal by any FSE or person in connection with the appeal of any adverse determination or action made pursuant to Chapter 10.08 of the Anaheim Municipal Code. AND BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that an administrative hearing fee of One Hundred Fifty Dollars ($150.00) is hereby established for, and shall accompany, the filing of any appeal in connection with the appeal of any notice of noncompliance, an administrative compliance order, a notice of legal nonconforming connection, an invoice for costs or an adverse determination or action made pursuant to Chapter 10.09 of the Anaheim Municipal Code. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24thday of June 2008 by the following roll -call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSTAIN: NONE ABSENT: NONE ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 68505.1 /bmorley CITY OF AHEIM MAYOR OF THE CIT NAHEIM