5855ORDINANCE NO. 5555
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING,
REPEALING AND AMENDING VARIOUS SECTIONS AND
SUBSECTIONS OF TITLES 10, 11 AND 12 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO PUBLIC
SERVICES AND UTILITIES, PUBLIC PROPERTY, AND
STREETS AND SIDEWALKS, RESPECTIVELY
WHEREAS, the City Council of the City of Anaheim
desires to conform Titles 10, 11 and 12 of the Anaheim Municipal
Code to changes in state law and previous amendments to the City
Charter; and
WHEREAS, the City Council desires to correct errors,
delete unnecessary provisions, and otherwise update various
provisions of the Anaheim Municipal Code.
NOW, THEREFOR4, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That Section 10.04.010 of Chapter 10.04 of Title 10 of
the Anaheim Municipal Code be, and the same is hereby, amended in
its entirety, to read as follows:
"10.04.010 PUBLIC LIBRARY ESTABLISHED.
There is hereby established a public library in and for the
City of Anaheim. Said library, including any branch libraries
established by the City, shall collectively be referred to in
Code as either the `public library' or `public libraries.' Said
public libraries shall be under the jurisdiction of the City of
Anaheim pursuant to its powers as a charter city."
SECTION 2.
"10.12.050 MANNER OF BILLING AND COLLECTION OF CHARGES;
DEPOSIT MAY BE REQUIRED.
.010 The sanitation charges fixed for any premises
furnished with electricity service by the City may be collected
with the charges and rates for electricity service furnished by
the City to such premises. In such event, said charges may be
billed upon the same bill as is prepared for charges for
electricity service, and, if so billed, shall be due and payable
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at the same time that such charges for electricity service are
due and payable. In such event, the total amount due for the
sanitation charges and for charges for electricity service shall
be paid as a unit, and all of the provisions of Chapter 10.16 of
this Code pertaining to the collection of charges for electricity
service shall apply to the collection of any such total amount.
.020 In the event that the City does not furnish
electricity service but does furnish water service to any
premises, then the sanitation charges for such premises may be
collected with the charges and rates for water service furnished
by the City to such premises. In such event, said charges may be
billed upon the same bill as is prepared for charges for water
service and, if so billed, shall be due and payable at the same
time that such charges for water service are due and payable. In
such event, the total amount due for the sanitation charges and
for charges for such water service shall be paid as a unit, and
all of the provisions of Chapter 10.16 of this Code pertaining to
the collection of charges for water service shall apply to the
collection of any such tptal amount.
.030 In the event that the City furnishes neither
electricity service nor water service to a premises occupied and
in use for residential, commercial or industrial purposes, or in
the event the sanitation charges are not billed with the charges
for electricity service or water service furnished by the City to
said premises, then the sanitation charges for such premises
shall be billed separately and shall be due and payable to the
City in an amount and at such time as established by resolution
of the City Council. The sanitation charges imposed by this
chapter shall not be imposed upon any premises or person as an
incident of property ownership but shall be imposed only upon
those premises furnished with electricity or water service by the
City or upon premises otherwise being occupied and used as
provided herein.
.040 The City Council may establish by resolution an
amount or amounts which any person, firm or corporation shall be
required to deposit with the City prior to commencement or
continuation of any sanitation services to insure collection of
said charges."
SECTION 3.
That subsection .010 of Section 10.12.055 of Chapter
10.12 of Title 10 of the Anaheim Municipal Code be, and the same
is hereby, amended in its entirety, to read as follows:
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".010 A customer who believes his or her bill for sanitation
services is in error must, within ten days after the date of
mailing as shown on the bill, contact the Sanitation Management
Assistant, either by telephone during regular business hours, or
in writing at the Sanitation Division, P.O. Box 3222, Anaheim
California 92803."
SECTION 4.
That subsection .020 of Section 10.16.010 of Chapter
10.16 of Title 10 of the Anaheim Municipal Code be, and the same
is hereby, amended in its entirety, to read as follows:
".020 `General Manager' is defined as the General Manager of
the Public Utilities Department or his or her designee."
SECTION 5.
That subsection .040 of Section 10.16.010 of Chapter
10.16 of Title 10 of the, Anaheim Municipal Code be, and the same
is hereby, amended in its entirety, to read as follows:
".040 `Consumer' or `customer' means any person, whether
owner, lessee or renter of real property, using electricity or
water furnished by the City through meters or by contract."
SECTION 6.
That subsection .050 of Section 10.16.010 of Chapter
10.16 of Title 10 of the Anaheim Municipal Code be, and the same
is hereby, amended in its entirety, to read as follows:
".050 `Kilowatt hour' means the standard unit of measurement
of electrical energy consumption."
SECTION 7.
That subsection .080 of Section 10.16.010 of Chapter
10.16 of Title 10 of the Anaheim Municipal Code be, and the same
is hereby, amended in its entirety, to read as follows:
".080 `Installation charge' means the charge made by the City
as compensation for all labor and material furnished in making
connection with any electric line or water main in the City, for
electricity or water to be furnished to any consumer."
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SECTION 8.
That Section 10.16.030 of Chapter 10.16 of Title 10 of
the Anaheim Municipal Code be, and the same is hereby, amended in
its entirety, to read as follows:
"10.16.030 ENFORCEMENT.
The General Manager is hereby directed to enforce the
provisions of this chapter and the rates, rules and regulations
of the Public Utilities Department. The General Manager is
hereby authorized to delegate any of his or her powers under this
chapter with the sole exception of the power to adopt and
promulgate rules and regulations, which power may not be
delegated."
SECTION 9.
That Section 10.16.050 of Chapter 10.16 of Title 1.0 of
the Anaheim Municipal Code be, and the same is hereby, amended in
its entirety, to read as'follows:
"10.16.050 BOOKKEEPING; BILLING.
Upon ascertaining the amount due the City for electricity
and water furnished to the consumer, the Public Utilities
Department shall render the consumer a bill for the amount due.
The handing of a bill to such consumer in person, or the placing
of the bill in an envelope addressed to the consumer at his or
her last known address as furnished by the consumer to the Public
Utilities Department, affixing the proper postage, and depositing
the same in the course of transmission with the United States
Postal Service, shall constitute `rendering a bill.'"
SECTION 10.
That Section 10.16.070 of Chapter 10.16 of Title 10 of
the Anaheim Municipal Code be, and the same is hereby, amended in
its entirety, to read as follows:
"10.16.070 AUTHORITY TO ENTER UPON PRIVATE PROPERTY TO
ENFORCE CHAPTER.
For the purpose of complying with or enforcing any of the
provisions of this chapter, or for reading any meter or for
installing, testing, changing, repairing, connection or
disconnecting any electric or water meter or service, any
designated employee of the City of Anaheim is authorized to enter
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upon private property any day between the hours of seven a.m. and
nine p.m."
SECTION 11.
That Section 10.16.080 of Chapter 10.16 of Title 10 of
the Anaheim Municipal Code be, and the same is hereby, amended in
its entirety, to read as follows:
"10.16.080 SILLS; WHERE AND HOW PAYABLE.
All bills for electricity and water furnished by the City
shall be payable at the office of Collections of the Finance
Department or such other payment sites as may designated by the
City. Payments shall be made by U.S. Mail, personal delivery or
courier service, or by such telephonic, electronic, or other
means as may be expressly provided or approved by the City. The
City assumes no responsibility for payments made elsewhere or by
other means."
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SECTION 12. r
That Section 10.16.260 of Chapter 10.16 of Title 10 of
the Anaheim Municipal Code be, and the same is hereby, repealed
in its entirety.
SECTION 13.
That Section 10.16.350 of Chapter 10.16 of Title 10 of
the Anaheim Municipal Code be, and the same is hereby, repealed
in its entirety.
SECTION 14.
That subsection .060 of Section 10.18.020 of Chapter
10.18 of Title 10 of the Anaheim Municipal Code be, and the same
is hereby, amended in its entirety, to read as follows:
11.060 `Consumer' or `customer' means any person, association,
partnership, corporation, governmental agency or other entity
supplied and billed for water service by the Department."
SECTION 15.
That subsection .090 of Section 10.18.020 of Chapter
10.18 of Title 10 of the Anaheim Municipal Code be, and the same
is hereby, amended in its entirety, to read as follows:
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".090 `General Manager' means the General Manager of the
Department or his or her designee."
SECTION 16.
That subsection .020 of Section 10.18.030 of Chapter
10.18 of Title 10 of the Anaheim Municipal Code be, and the same
is hereby, repealed in its entirety.
SECTION 17.
That Section 10.16.050 of Chapter 10.18 of Title 10 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"10.18.050 WATER SHORTAGE PLAN IMPLEMENTATION.
The Department shall monitor and evaluate the projected
supply and demand for water by its Customers. In the event of a
Water Shortage, the Department shall recommend to the City
Council such Water Shortage Plan(s) as provided in this chapter
which permit the Department to prudently plan for and supply
water to its Customers. Upon finding that a Water Shortage
exists, the City Council may, by resolution, order implementation
of such Water Shortage Plan(s) as provided in this chapter which
it deems appropriate to address that Water Shortage. At any time
during the Water Shortage Period, the City Council may
discontinue any plan or may implement another plan as provided in
this chapter. Upon a finding by the City Council that the Water
Shortage no longer exists, any Water Shortage Plan then in effect
shall terminate."
SECTION 18.
That subsection .045 of Section 10.19.030 of Chapter
10.19 of Title 10 of the Anaheim Municipal Code be, and the same
is hereby, amended in its entirety, to read as follows:
".045 `Consumer' or `customer' means any owner, lessee, or
renter of real property using water supplied by the City through
meters or by contract."
SECTION 19.
That subsection .060 of Section 10.20.020 of Chapter
10.20 of Title 10 of the Anaheim Municipal Code be, and the same
is hereby, amended in its entirety, to read as follows:
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".080 General Manager. The General Manager of the Public
Utilities Department of the City of Anaheim or his or her
designee."
SECTION 20.
That Section 10.20.050 of Chapter 10.20 of Title 10 of
the Anaheim Municipal Code be, and the same is hereby, amended in
its entirety, to read as follows: .
"10.20.050 PERMITS.
Applications for permits shall be made to the General
Manager containing such information as he or she shall require.
Each application shall be accompanied by a fee which shall be
established by the City Council on the basis of the cost incurred
in enforcing the provisions of this chapter. Fifty percent of the
fee shall be returned to the applicant should the permit be
denied or if the permit is canceled within sixty days after
issuance and no work haq been done. A permit shall remain in
effect for one year from'date of issuance.
Permits may be issued subject to any condition or
requirement found by the General Manager to be necessary to
accomplish the purposes of this chapter. The applicant shall
comply with all terms and conditions of the permit issued.
A permit may be canceled or the conditions amended by the
General Manager if he or she determines that to proceed with the
work would result in a public nuisance or the permit holder has
violated the terms of the permit or this chapter."
SECTION 21.
That Section 10.20.060 of Chapter 10.20 of Title 10 of
the Anaheim Municipal Code be, and the same is hereby, amended in
its entirety, to read as follows:
1110.20.060 COMPLETION OF THE WORK.
The permittee shall notify the General Manager in writing
upon completion of the work and no work shall be deemed to have
been completed until such written notification has been received.
A final inspection of the work shall be made by the General
Manager and no permittee shall be deemed to have complied with
this chapter or the permit until such inspection has been
performed and all work thereon completed to the satisfaction of
the General Manager."
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SECTION 22.
That Section 10.20.090 of Chapter 10.20 of Title 10 of
the Anaheim Municipal Code be, and the same is hereby, amended in
its entirety, to read as follows:
"10.20.090 IMMEDIATE ABATEMENT.
If the General Manager finds that immediate action is
necessary to prevent impairment of the ground water or a threat
to the health or safety of the public, he or she may abate the
nuisance without giving advance notice. Within twenty-four hours
after initiating such abatement, the City Clerk shall give notice
of a hearing before the City Council in the manner prescribed in
Section 10.20.080."
SECTION 23.
That Section 10.20.120 of Chapter 10.20 of Title 10 of
the Anaheim Municipal Cgde be, and the same is hereby, amended in
its entirety, to read asrfollows:
"10.20.120 STANDARDS.
Standards for the construction, reconstruction or
destruction of wells shall be the standards recommended in
Chapter II of the State Department of Water Resources Bulletin
No. 74, latest revision and any other requirements specified by
the City of Anaheim. Standards for the construction,
reconstruction or destruction of cathodic protection wells and
electrical grounding wells shall be the standards recommended in
the State Department of Water Resources Bulletin No. 74 and any
other requirements specified by the City of Anaheim."
SECTION 24.
That Section 11.04.010 of Chapter 11.04 of Title 11 of
the Anaheim Municipal Code be, and the same is hereby, amended in
its entirety, to read as follows:
"11.04.010 ENTERING CITY PREMISES WHEN SAME SHUT OFF FROM PUBLIC
PROHIBITED.
It is unlawful for any person to enter upon or into any
building, structure, room, yard, enclosure or.other property, or
any portion or area thereof, which is owned, occupied or under
the control of the City of Anaheim, at any time when such
building, structure, room, yard, enclosure, or other property, or
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portion or area thereof, is locked, barred, closed or otherwise
shut off from the use of the public, except with the express
consent of a representative of the City authorized to give such
consent."
SECTION 25.
That Section 11.04.050 of Chapter 11.04 of Title 11 of
the Anaheim Municipal Code be, and the same is hereby, repealed.
SECTION 26.
That Section 11.04.100 of Chapter 11.04 of Title 11 of
the Anaheim Municipal Code be, and the same is hereby, amended in
its entirety, to read as follows:
"11.04.100 TRESPASSING TO WETLAND HABITATS.
.010 It is unlawful for any person to enter into or remain
upon any property desigryated a wetlands habitat.
.020 This section shall not apply to:
.0201 Any authorized employee or agent of the City
of Anaheim or owner of property located within the wetlands
habitat.
.0202 Any person holding a permit to enter the
wetlands habitat issued by the Director of the Community Services
Department or his or her designee, which permits shall be issued
solely for educational or research purposes.
.0203 Any person who enters a wetlands habitat
upon, and remains upon, a designated public trail within a
wetlands habitat when using the public trail for its intended
purpose."
SECTION 27.
That Section 11.08.010 of Chapter 11.08 of Title 11 of
the Anaheim Municipal Code be, and the same is hereby, amended in
its entirety, to read as follows:
"11.08.010 SPITTING ON PUBLIC PROPERTY PROHIBITED.
It shall be unlawful for any person to spit from the mouth
any saliva, tobacco juice or expectorant upon any sidewalk, curb,
stairway or entrance thereto, or upon the floor of any public
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hall within the City of Anaheim, or to eject from the nose,
throat or lungs any phlegm or expectorant upon any sidewalk,
curb, stairway or entrance thereto or upon the floor of any
public hall within the City of Anaheim. Any violation of this
section shall be an infraction."
SECTION 28.
That Section 11.08.020 of Chapter 11.08 of Title 11 of
the Anaheim Municipal Code be, and the same is hereby, repealed
in its entirety.
SECTION 29.
That Section 12.04.010 of Chapter 12.04 of Title 12 of
the Anaheim Municipal Code be, and the same is hereby, amended in
its entirety, to read as follows:
"12.04.010 DATUM PLANE AND BENCH MARKS ESTABLISHED.
For the purpose of (establishing and designing the official
grades of the streets, alleys and sewers of the City of Anaheim,
the North American Vertical Datum of 1988 (NAVD88) is hereby
declared to be the `Datum Plane' of the City of Anaheim. The
City of Anaheim has established, and maintains, a network of
bench marks throughout the City which are to be used for purposes
of vertical control."
SECTION 30.
That Chapter 12.08 of Title 12 of the Anaheim Municipal
Code be, and the same is hereby, repealed in its entirety.
SECTION 31.
That subsection .010 of Section 12.12.020 of Chapter
12.12 of Title 12 of the Anaheim Municipal Code be, and the same
is hereby, amended in its entirety, to read as follows:
".010 Application for a permit shall be made in writing
to the Director. The application shall describe with specificity
the location of the proposed excavation or obstruction. A
detailed plan of the proposed work shall be included, except in
the case of the operation and maintenance of existing facilities.
The application shall identify the authority by which the
applicant is entitled to locate facilities in the public street.
The application shall be signed by the applicant or the
authorized agent of the applicant."
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SECTION 32.
That existing Chapter 12.16 of Title 12 of the Anaheim
Municipal Code be, and the same is hereby, repealed in its
entirety; and that new Chapter 12.16 be, and the same is hereby,
added to Title 12 of the Anaheim Municipal Code to read as
follows:
"12.16.010 IRRIGATION DITCHES ACROSS OR ALONG STREET, HIGHWAY OR
OTHER PUBLIC RIGHT-OF-WAY; PERMISSION REQUIRED.
It shall be unlawful for any person or persons to dig or cause to
be constructed, for irrigation purposes, any ditch, across any
street, sidewalk, highway or public right-of-way within the City
of Anaheim, or to construct or maintain any irrigating ditch
along any street, sidewalk, highway or public right-of-way within
the City of Anaheim unless permission to construct or maintain
said ditch is first obtained from the Director of Public Works.
12.16.020 WORKING ON VE$rTrCLES ON ANY STREET OR SIDEWALK.
It is unlawful for any person, firm or corporation to repair,
lubricate, paint, prepare for painting, add to, alter or overhaul
any vehicle upon any street, highway, alley, public way or
sidewalk within the City of Anaheim; provided, however, that it
shall not be unlawful to make emergency roadside repairs upon any
such vehicle.
The term `add to,' as used in this chapter, shall include within
its meaning, the installation of seat covers and the fastening
and/or installation of any accessory to a vehicle."
SECTION 33.
That existing Chapter 12.20 of Title 12 of the Anaheim
Municipal Code be, and the same is hereby, repealed in its
entirety; and that new Chapter 12.20 be, and the same is hereby,
added to Title 12 of the Anaheim Municipal Code to read as
follows:
"Chapter 12.20
UNDER CONSTRUCTION OR REPAIR - BARRIERS
12.20.010 `BARRIER' DEFINED; STANDARDS.
.010 The word `barrier' as used in this chapter shall be
deemed to include any traffic cone, high level warning device,
barricade, flashing arrow board or any other material or device
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placed, extended or stretched across any portion of any public
street, highway, avenue, alley, sidewalk or other public right-
of-way.
.020 Any barrier authorized, erected or maintained pursuant
to this chapter shall be plainly visible in the daytime and shall
be illuminated at night with flashing yellow beacons or other
approved devices as necessary to provide visibility of such
barrier.
12.20.020 CONSTRUCTION TRAFFIC CONTROL.
.010 Any detour caused by construction on any City street or
other public right-of-way, except emergency repairs by utility
companies, shall require a detour plan approved by the City, in
addition to the permit required by Chapter 12.12 hereof, prior to
construction. `Detour` shall be defined as the closure of any
part of the public right-of-way to vehicular or pedestrian
travel.
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.020 The minimum traffic delineation of any detour shall
conform to the State of California `Standard Specification, July
1995' (or such later edition as approved by the City), the
California Department of Transportation `Manual of Traffic
Control for Construction and Maintenance Work Zones, 1996
Edition,' (or such later edition as approved by the City), and
the "Work Area Traffic Control Handbook' published by Building
News Services, 1996 Edition (or such later edition as approved by
the City). Where any City inspector, transportation engineer, or
police officer finds unusual conditions, he or she may specify
such additional requirements as may be reasonably necessary to
protect the public health, safety or general welfare, and the
contractor, installer or entity conducting construction or repair
activities shall be responsible for complying with such
requirements.
.030 The City may restrict the use of, or close, any right-
of-way whenever persons authorized by the City consider such
restriction of use or closure reasonably necessary for either:
.0301 the protection of the public; or
.0302 the protection of such right-of-way or
adjacent area from damage during storms or during construction,
repair or maintenance operations.
.040 In order to notify the public that a City street or
other public right-of-way is closed or the use thereof
restricted, the City may require any contractor or utility
company to:
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.0401 erect suitable barriers or obstructions upon
such right-of-way;
.0402 post warnings and notices of the condition of
any such highway;
.0403 post signs for the direction of traffic upon
such right-of-way, or to or upon any other right-of-way or detour
open to public travel;
.0404 place warning devices on such right-of-way;
and/or
.0405 assign personnel to warn, detour or direct
traffic on such right-of-way.
12.20.030 DRIVING ON STREETS UNDER CONSTRUCTION OR REPAIR WHEN
BLOCKED BY BARRIERS PROHIBITED.
It shall be unlawfW� for any person, firm or corporation to
drive or operate any automobile, motorcycle, bicycle, or other
vehicle over or upon any public street, avenue, alley, sidewalk
or any public highway, or any portion thereof, within the City of
Anaheim, on which the work of grading, paving, constructing or
repairing is being or has been done, or is then in progress and
which is effectively guarded or protected by barriers in such a
manner as to indicate that traffic is excluded therefrom.
12.20.040 UNAUTHORIZED REMOVAL OF OFFICIAL BARRIERS PROHIBITED.
It shall be unlawful for any person, firm or corporation to
remove or cause to be removed any barrier or any portion of any
barrier erected or maintained by the City, or any barrier
lawfully erected or maintained by any private contractor or
utility company pursuant to this chapter, without the knowledge
and consent of the City's Field Engineer or any of his or her
inspectors.
12.20.050 OBEDIENCE TO TRAFFIC -CONTROL DEVICES.
It shall be unlawful for any person to fail to obey any
detour sign or device, or other official traffic -control sign, or
any access limitation imposed by any barrier or other traffic -
control device, unless otherwise directed by a police officer."
SECTION 34.
That existing Chapter 12.24 of Title 12 of the Anaheim
Municipal Code be, and the same is hereby, repealed in its.
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entirety; and that new Chapter 12.24 be, and the same is hereby,
added to Title 12 of the Anaheim Municipal Code to read as
follows:
"Chapter 12.24
CONSTRUCTION OF SIDEWALKS, DRIVEWAYS,
RAMPS, CURBS AND GUTTERS
12.24.010 PUBLIC AND PRIVATE CONSTRUCTION TO CONFORM TO DOCUMENTS
ON FILE WITH CITY ENGINEER.
All public and private sidewalks, driveways, ramps, curbs
and gutters which may be hereafter constructed in the City of
Anaheim shall be in accordance with the requirements on file in
the office of the Director of Public Works.
12.24.020 PERMIT REQUIRED.
Before commencing ognstruction within rights-of-way,
streets, alleys or easements, every person, firm or corporation
shall obtain a permit pursuant to the provisions of Chapter
12.12.
12.24.030 DEFECTS; NOT ACCEPTED BY NEGLIGENT INSPECTION.
No work will be considered as accepted which work is
defective in its construction or which fails to conform in all
respects to any of the requirements applicable to such work which
requirements are on file in the Office of the Director of Public
Works regardless of whether any inspector of the -City connected
with the work fails to observe, point out, or reject said defect
or deficiency during construction, and the contractor shall be
required to correct any such defective or nonconforming work
whenever discovered, before the work shall be deemed finally
accepted.
12.24.040 DISTURBING MONUMENTS, BENCHMARKS OR STAKES IN PATH OF
WORK.
The contractor shall not disturb any monuments, benchmarks
or stakes found on the line of the improvements until ordered by
the Director of Public Works or his or her designee, and he shall
bear the expense of resetting any monuments, benchmarks or stakes
which may be disturbed without orders. Any monuments, benchmarks
or stakes which are disturbed by work performed by the contractor
shall be reestablished and the corresponding survey documentation
shall be submitted to the Department of Public Works.
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12.24.050 REJECTED WORK; REMOVAL AND REPLACEMENT.
In case the contractor shall neglect or refuse, after
written notice, to remove or replace any rejected work or
materials, they shall be removed and replaced by order of the
City Engineer at the contractor's expense.
12.24.060 FINAL INSPECTION; NOTICE; CERTIFICATE.
The contractor shall notify the Director of Public Works
when the contractor desires a final inspection of the work. Upon
such notification the Director shall arrange to make the
necessary examination to determine if the work is in compliance
with the required specifications. If the work is determined to
be in compliance, the Director of Public Works shall issue a
Notice of Completion for work performed under a Public Works
Construction Contract. Under a Right -of -Way Construction Permit,
the Director of Public Works shall release the security pursuant
to Section 12.12.060 of ,this Code. In the event the work is
found not to be in compliance with the required specifications,
the Director of Public Works shall notify the contractor of the
deficiencies and direct the contractor to make the necessary
corrections.
12.24.070 CURB -CUTS AND DRIVEWAYS; WHEN DIRECTOR MAY ORDER
ALTERATION; NOTICE TO PROPERTY OWNER; VIOLATION; APPEAL
When any curb -cut or driveway within the City of Anaheim has
been abandoned and is no longer in use, and in any case where the
use, convenience and necessity of the public require, the
Director of Public Works shall have authority to order the owner
or agent in charge of property adjacent to which curb -cuts are
maintained to alter the curb -cut in such manner as he shall find
reasonably necessary.
.010 Notice of Alteration Order. Whenever the Director
of Public Works shall determine that a curb -cut or driveway has
been abandoned, or shall determine that the use, convenience and
necessity of the public require an alteration, the Director shall
serve a written notice on the owner or agent in charge of the
adjacent property and shall post a conspicuous notice on the
property notifying the owner or agent in charge that an
alteration of the curb -cut is required, and such notice shall
specify the time in which the owner or agent shall comply with
such requirement, which time shall be not less than twenty days
from the date of said notice..
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.020 Violation. If the alteration as required by the
Director of Public Works is not complied with within the time
specified in the notice, the owner or agent of the property shall
be deemed in violation of this chapter, and each day that the
curb -cut or driveway is maintained without alteration, after the
time set forth in the notice, shall constitute a separate and
distinct violation of this chapter.
.030 Appeal. Any owner or agent in charge of property
who has been notified by the Director of Public Works to alter a
curb -cut may appeal from the order of the Director to the City
Council of the City of Anaheim by filing a written notice of
appeal, specifying the grounds for such appeal, with the City
Clerk of the City of Anaheim within ten days after the notice of
alteration order has been served on such person, or after
property has been posted. No appeal shall be heard by the City
Council unless the notice of appeal is filed within the time
herein specified; provided, however, the City Council may request
a review on its own motion. Where an appeal has been filed as
hereinabove set forth, c>r a review has been requested by the City
Council, no party shall be deemed in violation of this chapter
until such time as the City Council has determined the
controversy and the owner or agent is allowed a reasonable time
thereafter to comply with such alteration order."
SECTION 35.
That Section 12.28.020 of Chapter 12.28 of Title 12 of
the Anaheim Municipal Code be, and the same is hereby, amended in
its entirety, to read as follows:
1112.28.020 PROVISION FOR CEMENT SIDEWALKS, CURBS AND GUTTERS
PRIOR TO FINAL APPROVAL BY BUILDING INSPECTOR;
HOW PROVISION MAY BE MADE; EXCEPTION FOR HARDSHIP.
The Building Inspector shall deny final approval and
acceptance or final public utility connections to any building or
dwelling until said curbs, gutters and sidewalks exist or are
constructed, or their construction is guaranteed by cash
deposited with the City of Anaheim in a sum equal to the
estimated cost of the improvement. In the event said owner,
lessee or agent shall furnish all labor and materials and shall
construct or cause to be constructed said curbs, gutters and
sidewalks in accordance with the specifications of the City of
Anaheim, he shall be entitled to a return of said sum so
deposited, after final approval of said materials and work by the
Director of Public Works, and the expiration of the time for the
filing of liens for materials furnished or labor performed in
16
connection therewith. If unnecessary hardships or results
inconsistent with the general purpose of this chapter result
through the strict and literal interpretation and enforcement
thereof in relation to properties which, because of size, shape,
location or other special circumstances might be unreasonably or
inconsistently affected by the provisions of this chapter, the
City Council may, on application of the owner or owners of such
property, waive the provisions of this chapter."
SECTION 36.
That Section 12.29.030 of Chapter 12.29 of Title 12 of
the Anaheim Municipal Code be, and the same is hereby, amended in
its entirety, to read as follows:
"12.29.030 REPAIR BY CITY; PAYMENT OF COST BY PROPERTY OWNER.
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 such
repair; the calculations of the Director of Public Works as to
the cost of such repair work undertaken by the City under the
provisions of this chapter shall be final and conclusive."
SECTION 37. PENALTY.
Except as may otherwise be expressly provided herein,
any person who violates any provision of this ordinance is guilty
of a misdemeanor and shall, upon conviction thereof, be punished
in the manner provided in Section 1.01.370.
SECTION 38. SEVERABILITY
The City Council of the City of Anaheim 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 this 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 39. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
or amendment 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 thereof,
17
nor be construed as a waiver of any tax, license or penalty or of
the penal provisions applicable to any violations thereof. The
provisions of the 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 appro
Viaand adopted by the
City Council of the City of Anaheim this t day of 1
2003.
MAYOR OF THE CI OF ANAHEIM
WC
:LERK dF THE CITY OF ANAHEIM
48156.4 r
r
18
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5855 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 15th day of April, 2003, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 29th day of April, 2003, by the following vote of
the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle, Tait
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
CItY CLERK6F TI-Iff CITY OF ANAHEIM
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of the Anaheim Bulletin , a newspaper
that has been adjudged to be a newspaper of
general circulation by the Superior Court of the
County of Orange, State of California, on
December 28, 1951, Case No. A-21021 in and
for the City of Anaheim, County of Orange,
State of California; that the notice, of which the
annexed is a true printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to wit:
May 8, 2003
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: May 8, 2003
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
00
3/G
Proof of Publication of
SUMMARY PUBLICATION
5855
ANQ
AN ORDINANCE OF THE OF ANAHEIM ��� KM
SSE SECTIONS
SUBSECTIONS t1F TRLES 11 12T Tg4G TO PUBLIG &ERV
AND LMLITIE IC PROP cc' S AND RE ECIT LY
This ordinance pukes the following changes to e>ustng provislono of Titles 1% 11 and 12 ofthe Anaheim Municipal Code:
1. Amends Secton 10.04.010, toetmkhate the atererht ralerence to a repealed 1901 state shute which related to libraries in genwd fear aNlea. Anaheim
was a gerieTd'tdw city untt 11165 when it became ttclharter city.
2. Amends Section 10.12.060 regardkp the cc ftioh of sanitation �q to e ry b«i oaf � anon charges In florpurrction with
electric or waterb�ings and to prswidee 1. sanitation charges may bs
3. Amends Seaton 10.12.055 to reduce the monk)k of days within rid, a consumer may dopule a sanitation bill from twelve daylsto ten days to
match the spo" period established for dbpu",olectric or water bR1s.
4. Amends subsection .020 of Section 10.16.000 to charge the poraorW pronoun refererrea to the Public Utilities General Manager from tlhe hraaculine
gender to gender neubal.
5. Amends subsection .040 of Section 10.16.040 to add interchangeable rMNttions me
of "consume and "customer" which terms are used Muctxrgea-
bly throughout Chapter 10.16 of the Cods.
6. Amends sylipechon .050 of Section 10.16.0 10 to correct the definition of "kilowatt no ur" to refer to the amount of at
ecMcal cohsurnlpMgrh rather than
the amount of electrical work.
7. Amanda subsection .080 of Section 10.16.010 to correct typognpNGgd error by changing the WOW "is" to the word "as."
8. Amends Section 10.16.030 to changs. the peftorial pronoun reference to the Public UtilitiesCaaaeral Manager from the masculine gMntldt'tO 90der
neutral.
9. Amanda Section 12.16.050 to delete reference 10 billing by poeActed, oortact gender rob nee, and change term "Post Office" to "P0*4111aY41sa "
10. Amende,56COW 10.16.070 to incresae the for access to privets property for purpnd tr
see 61�y meter reading, testing or #tat the
current "8:00 a.m. to 5:00 p.m.' to '7:00 a.m. ttl p.m."
11. Amends Section 10.16 080 concerning W utety bele iD and regalia payments to be made at locations approved by the and
to add provision allowing payments io ba m�lMspllonic, ehifflanlc o' tMthrs to as may py pros ded or approved by the City.
12. Repeals Section 10.16.280 restricting hours til use of irrigation water.
with ut meters which penalties are now set forth In, and ted
13. R s on 10.16.350 relating to peneties ler by-passing or tarnparkhg ipty tK
by. P ection.498.
14. Amends>subsection .060 of Section 10.18.0120 to add the term "e tipmenele ro be defined and used inter:ehangeably with the term'custorrw.'
15. Amends subsection .090 of Section 10.18,It1W1p define Public 101111111111106 gonerallMerNow m Am Is lamed throughout chapter 10.18 irIo111tlaa'the
GenauW MhhaWs designee.
16. Repeals subsection .020 of Section 40.18.0$0 which authorizes 0mugbt Enfon:emerk 0111ilers and Water Conservation Advisors hired by theJ* to
lasso wkNrhM°ekeNone.
17. Amends section 10.18.050 m assess proWiproviding for Mll4ttra tsrtrhk>aton;ol Water SiotUge Plan after five years unless rwrs by
resolulloo gt+the Cllr Council.
18. subsection .045 of Section 10.19.060 to add the left *0896umM" to dslintticn of "customer' which terms are used inter bly
through" 911000K. 10.19.
19. Amands subsection .080 of Section 10.20.020 t0 d gs tat part"*Wicun refatencpe to to Publis'UtSties General Manager from the nummuline
gender itLVii �f neutral.
20. Amends Section 10.20.050 to change the pwmp* pronoun rshfterlee 10 the Public Utetln Genera Wmt- ger from this masculine gender to gander
noubad.
21. Amends Section 10.20.080 to charge the pers®nel pronoun reftAtAtste tha Public UWft$ General fsianegsr from the masculine gender to gender
neutral.
22. Amends Section 10.20.090 to change the, parsenal pronoun ref mnt!I fo the Public UW469 General Manager from the masculine gender to gander
neutral.
23. Amends section 10.20.120 to provide t 0th for well and dwtrudillm "I fMdude requirements established by the t ity in
addition to standards establlehOd by the Stetha t MYbnwt of Water
1taes;
24. Amends Section 11.04.010 to provide that-kohat be unlawful to onlw artypublic fdroPMb', Ihthohtt consort by an aetrhoriaed City relNoeehAalive.
when stlelh oo*orty Fres been 1001114d er cemwW4 l j ! to pnbfio uMara Foes.
25. $action 11:04.060 ga1n9 Presence orh tltR root' W any ixbadWnp
or atrueture which provision is redundant � the
pro Cor�lNrod in Section 111.04. 0.
.....rt -i to Community 8en4eaa Deeia tmeat a(d 00for n eubeaction numbering to the MMWnda of the
�1Citye rC3erk o1 A the City,
the City
Coouday of
AYES Pringle, Coural Members
ramp$, os,grld h�u�eers by
'�er qh tyar jfi�IdYwalks,
sidewalks, curbs and gutters shall be equal to
eparty ovehtlr, ouch costs shall be in the
Y d Ordnance No. 5865 VMtcth ordinance was
L was duly passed and adopted at a regular
t ofd iboon pro
�el
or rendshouldrhl�eied