5959ORDINANCE NO. 5959
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 1.01 OF TITLE I OF THE ANAHEIM MUNICIPAL
CODE CHANGING THE TITLE OF CODE ENFORCEMENT
TO COMMUNITY PRESERVATION
WHEREAS, the Anaheim Municipal Code, and various ordinance codified therein, have
heretofore created and contain references to the Code Enforcement Division of the Planning
Department, the Code Enforcement Manager, and Code Enforcement Officers; and
WHEREAS, the City Council desires to change the various titles contained in the
Anaheim Municipal Code relating to the functions of Code Enforcement to- the title of
Community Preservation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
:l9CwdraL f ■
That new Section 1.01.303 be, and the same is hereby, added to Chapter 1.01 of Title 1 of
the Anaheim Municipal Code, to read as follows:
"1.01.303 CONSTRUCTION —'CODE ENFORCEMENT' TITLES CHANGED TO
`COMMUNITY PRESERVATION.'
The terms `Code Enforcement', 'Code Enforcement Division', `Code Enforcement
Manager", and 'Code Enforcement Officer' as used anywhere in this Code shall mean and refer
to, respectively, 'Community Preservation', 'Community Preservation Division', 'Community
Preservation Manager,' and 'Community Preservation Officer.' The purpose and intent of this
section is to change the name of the Code Enforcement Division of the Planning Department,
and any references thereto wheresoever contained, to the Community Preservation Division of'
the Planning Department."
SECTION 2.
That Section 1.01.389 of Chapter 1.01 of Title 1 of the Anaheim Municipal Code be, and
the same is hereby, amended in its entirety to read as follows:
"1.01.389 ENFORCEMENT OF THE CODE -- COMMUNITY PRESERVATION
MANAGER -- INSPECTIONS AND REINSPECTIONS — FEES.
_. 7
.010 The Community Preservation Manager and Community Preservation Officers
shall have the duty and authority to enforce Titles 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17,
and 18 of the Anaheim Municipal Code; Sections 17560 through 17568 and Sections 22435
through 22435.5 of the California Business and Professions Code; Sections 374.3, 594 and 594.1
of the California Penal Code; and Section 6404.5 of the California Labor Code; and are further
authorized and directed, pursuant to Section 836.5 of the California Penal Code and Section
1.01.390 of the Anaheim Municipal Code, to investigate violations, to arrest persons and to
prepare, issue and deliver to any such arrested person written notice to appear in court and to
release such person from custody upon receiving his or her written promise to appear in court for
any violation or violations of these provisions of the Anaheim Municipal Code and of State law.
.020 Nothing in this section is intended to or shall operate to change or shall have the
effect of changing the status of the Community Preservation Manager, Community Preservation
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.
.030 There is hereby imposed upon each person who receives a notice of violation of
any of the above -referenced provisions of the Municipal Code or State law a reinspection fee, in
such amounts as set from time to time by the City Council, which may be assessed for each
inspection or reinspection conducted pursuant to this section when the particular violation for
which an inspection or reinspection is scheduled is not fully abated or corrected as directed by,
and within the time and manner specified in, the notice of violation. The fee shall not apply to
the first scheduled inspection after service of the notice of violation, whether or not the
correction is made. This fee is intended to compensate for administrative costs for unnecessary
inspections, and not for enforcement of the law. Any fees imposed shall be separate and apart
from any fines or penalties imposed for violations of the law."
SECTION 3. 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 4. 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, nor be construed as a waiver
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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 was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 1st day of March , 2005, and
thereafter passed and adopted at a regular meeting of said City Council held on the 8th day of March
, 2005, by the following roll call vote:
AYES: None
NOES: Mayor Pringle Council Members Chavez, Galloway, Hernandez, Sidhu
ABSENT: None
ABSTAIN: None
CITY O ' AHEIM
By
MA OR OF T CITY OF
ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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.
195', 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
w!i:
March 17, 2005
"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: March 17, 2005
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
This space is for the County Clerk's Fik t Stamp
1
Proof of Publication of
SUMMARY PUBLICATION
CRY OF ANAHEIM
ORDINANCE NO, 5859
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 1.01 OF TITLE I OF THE ANAHEIM
MUNICIPAL CODE Cttl�ptGING THE TITLE OF CODE
ENFORCEMENT TO COMMUNITY PRESERVATION
This ordinance amends Chapter 1.01 of the Anaheim Munici-
m ^ de.cchangservatio� the title of Code Enforcement to Com-
ity1, Sh" Schroeder, City Chit of the City of Anaheim,
do hereby that the foregoing is a summary of Ordk
oeAlA
nance Md. which ordinance was introduced at a regu
lar me affiw the City Caunnll of the City of Anaheim on
the
tat day Dolt 20b5 and was duly passed and adopted
at a regr me�ir�g of dent CainCi) on the Bth day of
March, 1005 by"the Nowing roll omit vote of the members
thereof:
AYES: Mayor Pringle, Council Members: Sidhu, Chavez,
Hernandez, Galloway
NOES:. None
ABSENT: None
ABSTAIN: None
The above summary is a brief descriptionof'ffe subject
matter contained in the text of Ordinance No. 5959, which
has been prepared pursuant to Section 512 of the Charter of
the City of Anaheim. This summary does not include or de-
scribe every provision of the ordinance and should not be
relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please
contact the Office of the City Clerk, (714) 765-51�, between
8:00 AM and 5:00 PM, Monday through Friday; There is no
charge for the copy.
Publish: Anaheim Bulletin
March 17, 2005
25-250 6583538