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4317ORDINANCE NO. 4317 AN ORDINANCE OF THE CITY OF ANAHEIM .AMENDING TITLE 7, BY ADDING THERETO CHAPTER 7.49, PERTAINING TO THE ESTABLISHMENT OF RESPONSI- BILITY FOR UNSAFE OR UNSANITARY CONDITIONS OF A DWELLING UNIT. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 7 of the Anaheim Municipal Code be, and the same is hereby amended, by adding thereto Chapter 7.49 to read as follows: "Chapter 7.49 The Responsibility of Occupant and Owner for Unsafe or Unsanitary Conditions of a Dwellinq Unit 7.49.010 Occupant Responsibility An occupant of a dwelling unit shall not willfully: .010 allow that part of a dwelling unit which he occupies and controls to become or remain in an unsafe or unsanitary condition; .020 allow plumbing or electrical fixtures to become or remain in an unsafe or unsanitary condition. If the fixtures are supplied by the owner, the occupant shall use reasonable care in the proper use and operation thereof; .030 allow any insects, rodents, or other pests to infest the dwelling unit so as to render it unsafe or unsanitary when no other dwelling unit in the residential building is so infested and the owner has provided a reasonably insect -proof and rodent -proof building; .040 dispose of garbage or other refuse in other than an approved garbage receptacle or in any manner other than that permitted by ordinance or law. It is the responsibility of the owner to provide approved garbage receptacles unless the occupant has agreed in writing to provide such receptacles; .050 place on the premises any material which creates an unsafe or unsanitary condition; -1- .060 place or maintain in or about the premises any furniture, equipment, material, debris or junk harboring insects, rodents, or pests to such extent as to render the premises or surrounding units unsafe or unsanitary; and .070 permit a dwelling unit let to him to be occupied or used so that any occupancy or use resulting therefrom violates this ordinance. 7.49.020 Owner Responsibility This ordinance does not relieve the owner of responsi- bility to the occupant imposed upon the owner by any applicable ordinance or law, even though; .010 an obligation has been imposed upon the occupants; or .020 the owner has, by agreement, imposed upon the occupant the duty of furnishing required equipment or of complying with applicable ordinances or laws. 7.49.030 Enforcement This ordinance may be enforced as permitted by Section 1.01.389 of the Anaheim Municipal Code and by Section 1.0.1.370 pertaining to Misdemeanors." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chapter of the Code 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 chapter 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. -2- SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty ( 30 ) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 30th day of March, 1982. ATTEST: CITY CLERK OF T E CITY OF ANAHEIM FAL:jh -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4317 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 23rd day of March, 1982, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 30th day of March, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Bay AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4317 on the 30th day of March, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 30th day of March, 1982. CITY CLERK OF THE GIT OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4317 and was published once in the Anaheim Bulletin on the 9th day of April, 1982. CITY CLERK