4541FOLLOWS:
ORDINANCE NO. 4541
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SECTION 1.12.100 TO CHAPTER 1.12 OF TITLE 1 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO
PROCEDURAL MATTERS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Section 1.12.100 be, and the same is hereby, added
to Chapter 1.12 of Title 1 of the Anaheim Municipal Code to read
as follows:
"1.12.100 REHEARINGS BY CITY COUNCIL.
_ .010 Any person or entity (hereinafter
'petitioner') aggrieved by any administrative order or
decision made by the City Council as the result of a
proceeding in which by law a hearing is required to be
given, evidence is required to be taken and discretion
in the determination of facts is vested in the City
Council, shall, as a prerequisite to seeking any
judicial review or relief relating to such order or
decision, request a rehearing of such matter by the
City Council when any of the following grounds exist:
.011 That the City Council has proceeded
without, or in excess, of its jurisdiction;
.012 That there was not a fair hearing
and the petitioner was thereby deprived of any rights;
.013 That there was a prejudicial abuse
of discretion by the City Council within the meaning of
Section 1094.5 of the Code of Civil Procedure of the
State of California; or
.014 That there was relevant evidence
which, in the exercise of reasonable diligence, could
not have been produced by the petitioner, or which was
improperly excluded by the City Council, at the hearing.
.020 A request for a rehearing pursuant
to this section shall be accompanied by a supporting
affidavit or declaration of merit (hereinafter
'affidavit') specifying in detail the subsection or
subsections of Section 1.12.100.010 pursuant to which
the rehearing is requested and the facts showing an
entitlement to the relief sought under each such
subsection.
.030 The request for rehearing shall be
filed in the Office of the City Clerk not later than
seven (7) calendar days after the date on which the
order or decision of the City Council is rendered.
.040 Notwithstanding subsection .030
above, where the order or decision is not rendered at
the same meeting at which the hearing is completed and
the petitioner has, at or prior to the close of such
hearing, filed a written request for notice of such
order or decision with the City Clerk which request
includes said petitioner's mailing address, such
request for rehearing shall be filed by said petitioner
in the Office of the City Clerk not later then ten (10)
calendar days from the date the City Clerk deposits
notice of the order or decision of the City Council in
the U.S. Mail, postage prepaid, addressed to such
petitioner.
.050 When the time limits specified in
subsections .030 and .040 above would otherwise expire
upon a day when the Office of the City Clerk is not
open for business, such time limits shall be deemed
extended to the close of the next following day when
the Office of the City Clerk is open for business.
.060 The order or decision of the City
Council shall be deemed final as to any petitioner upon
the expiration of the time within which a request could
be filed pursuant to this section in the absence of a
request for rehearing filed within the time and manner
specified herein. In the event of denial by the City
Council of a timely filed request for rehearing, such
order or decision shall be deemed final on the date of
such denial.
.070 The procedure set forth in this
section shall apply to any petitioner aggrieved by any
administrative order or decision made by the City
Council in any rehearing granted pursuant to this
section which order or decision results in any
modification of a prior order or decision.
.080 Any request for rehearing shall be
accompanied by the supporting affidavit and the
applicable filing fee as established by the City
Council. The City Clerk shall refuse to file any
request for rehearing which is not accompanied by both
such fee and supporting affidavit."
DOM
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 here'from of any such portion as may be declared
invalid.
SECTION 4. CERTIFICATION
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, 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 11th day of September, 1984.
MAYOR OF THE CITY #F ANAHEIM
ATTEST:
C TY CLERK OF THE CITY OF ANAHEIM
JLW:fm
2757M
7/09/84
-3-
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. 4541 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 4th day of September, 1984,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 11th day of September, 1984, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4541 on the 11th day of September, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affiXed the official seal
of the City of Anaheim this 4th day of September, 1984.
CITY CLERK OF THE CITY 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. 4541 and was published once in the
Anaheim Bulletin on the 21st day of September, 1984.
CITY CLERK