6054ORDINANCE NO. 6054
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 1.20 OF TITLE 1 OF
THE ANAHEIM MUNICIPAL CODE RELATING
TO CIVIL CITATIONS
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1.
That subsection .010 of Section 1.20.020 of Chapter 1.20 of Title 1 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".020 `building violation' shall mean any violation of any of the uniform codes
adopted pursuant to Chapter 15.02 of this Code, or any violation of the zoning regulations
set forth in Title 18 of this Code, except (i) any violation which creates an imminent
danger to health or safety, or (ii) the unlawful display of any temporary or portable
sign(s), or (iii) the unlawful display of any flag(s), banner(s) or balloon(s)."
SECTION 2.
That subsection .040 of Section 1.20.020 of Chapter 1.20 of Title 1 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".040 If a violation has not been corrected by the end of the correction period,
the Code Enforcement Officer has authority to issue a citation to any person(s)
responsible therefor pursuant to this chapter. The citee shall be liable for and shall pay to
the City the fine(s) described in the citation, which fine(s) shall be due on the date the
citation is issued. Additional civil citations may be issued and fines imposed for every
day the violation continues uncorrected after the date the first citation is issued, provided
that no additional civil citations shall be issued and additional civil fines shall not be
imposed until expiration of any correction period provided."
SECTION 3
That new subsections .050, .060 and .070 be, and the same are hereby, added to
Section 1.20.020 of Chapter 1.20 of Title 1 of the Anaheim Municipal Code, to read as
follows:
".050 Nothing contained in this section shall require the issuance of any
additional notice of violation or any additional correction period after issuance of any
civil citation and prior to issuance of any subsequent civil citation for any continuing
violation or subsequent violation of the same code provision provided not more than one
additional civil citation shall be issued for any continuing violation or subsequent
violation for each period of time since the issuance of the most recent civil citation which
period is equal to the original correction period given or required (not including any time
extensions to the original correction period).
".060 Any additional civil citation(s) issued following the timely filing of a
request for administrative review and prior to any administrative review hearing held
pursuant to Section 1.20. 100 for a prior civil citation involving a continuing violation or
subsequent violation of the same code provision shall be adjudicated by the Hearing
Officer at the same time as the hearing and decision on the prior civil citation(s) provided
the party cited has timely requested administrative review of such additional citation(s)
and made the required fine deposit(s) or received a waiver thereof prior to the date of
such administrative review hearing.
".070 Nothing contained in this section shall prevent the use of any other civil or
criminal remedies for continuing or subsequent violations of the same code provision
during the period a civil citation is under administrative or judicial review."
SECTION 4.
That subsection .010 of Section 1.20.070 of Chapter 1.20 of Title 1 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".010 The amount of the fines for violating particular provisions of this Code
shall be as set forth in a schedule of fines adopted by resolution of the City Council of the
City. The schedule may include escalating fine amounts for repeat violations occurring
within specified periods of time. Unless such schedule of fines as adopted by said
resolution of the City Council separately and specifically sets forth the amount of the
fines for violations of Title 18 of the Anaheim Municipal Code relating to temporary or
portable signs, flags, banners or balloons, the amount of the fine for any such violation
shall be twice the otherwise applicable amount set forth in said schedule."
SECTION 5. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance 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 ordinance independent of the elimination here from of any such
portion as may be declared invalid.
SECTION 6. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal 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.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 17L,day of April , 2007, and
thereafter passed and adopted at a regular meeting of said City Council held on the 24th
day of April , 2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHEIM
LIM
MAYOR OF THE CITY OFW*,;AHEIM
ATTEST:
CITW CLERK OF THE T ANAHEIM
65111
APR -26-2807 20:13 OCR
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ORDINANCE NO. 6054
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 1.20 OF TITLE 1 OF
THE ANAHEIM MUNICIPAL CODE RELATING
TO CIVIL CITATIONS
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS:
SECTION t.
That subsection .010 of Section 1.20.020 of Chapter 1.20 of Title 1 of the Anaheim Munici-
pal Cade be, and the same is hereby, amended to read as fo[ows:
1.020 'building violation' shall mean any violation oof the uniform codes adopted
pursuant to Chapter 15.02 of this Code, or any violation ofthe zoning regulations set brth
in Title le of this Code, except (I) any violation which creates an imminent danger to health
or safety, or {ii) the unlawful olsplay of any temporary or portable sign(s), or (III) the unlaw-
ful display o any flag(s), banner(s) or bailoon(s ."
SECTION 2
That subsection .040 of Section 1.20.020 of Chapter 1.20 of Title 1 of the Anaheim Munici-
pal Code be, and the same is hereby, amended to read as follows:
.' 040 If a violation has not been corrected by the and of the correction period, the Code
Enforcement Officer has authority to issue a citation to any persons) responsible therefor
pursuant to this chapter. The city shall be liable for and shall pay to the City the fine(s) de-
scnbed In the citation, which fhe(s) shall be due on the date the citation is issued. Addi-
tional civil citations may be Issued and fines imposed for every day the violation continues
uncorrected after the date the first citation is issued, provided that no additional civil cita-
tions shall be issued and additional civil fines shall not be imposed until expiration of any
correction period provided."
SECTION a.
That new subsections .050, .060 and 070 be and the same are hereby, added to Sec-
tion 1.20.020 of Chapter 1.20 of Title 1 of Bre Anafneim Municipal Code, to read as follows:
'.050 Nothing contained in this section shall require the issuance of any additional no-
tice of violation or any additional correction period after issuance of any civil citation and
prior to issuance of any subsequent civil citron for any continuing violation or subsequent
violation of the same code provision provided not more than one additional civil citation
shall be issued fora continuing violation or subsequent violation for each period of time
since the issuance of the most recent civil citation which period is equal to the original cor-
rection period given or required (not including any time extensions to the original correc-
tion penod).
'.060 Any additional civil citation(s) issued following the timely filing of a request for ad-
ministrative review and prior to any administrative review hearing held pursuant to Section
1.20.100 for a prior civil citation involvi GA continuing violation or subsequent violation of
the sante code provision shall be adjudicated by the Hearing Officer at the same time as
the hearing and decision on the prior civil citation fis) provided the party cited has timely re-
quested admiNstrathe review of such addilbnaf citallon(s) and made the required fine
depos@(s) or received a waiver thereof prior to the date of such administrative review
hearing.
".070 Nothing contained in this section shall prevent the use of any other civil or criminal
remedies for continuing or subsequent violations of the same code provision during the
period a civil citation is under administrative or judicial review."
SECTION 4. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section. para-
graph, sentence or word of this ordinance of the Code hereby adopted, be declared for
any reason to be Invalid, it is the intent of the Council t}fat 4 would have passed allother
portions of this ordinance independent of the elimination herefrom of any such portion as
may be declared invalid.
SECTION & SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal 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 IH
cense 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 previ-
ously adopted by the City relating to the same subject matter, shall be construed as re-
statements and continuations, and not as new enactments.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Coun-
cil of the City of Anaheim hold on the 17th day of April. 2007, and thereafter passed and
adopted at a regular meeting of said City Council held on the 241h day of April, 2007, by
the bellowing roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Stdhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHEIM
By /s1 Curt tinle
MAYOR OF THEgCITY OFANAHEIM
ATTEST:
APR -26-2007 20:14 OCR 7147962238 P.02
2' - .2-,
CR�CL'OF
YERKTHE CITY OF ANAHEIM
Published: Anaheim Bulletin, May 3, 2007 8351312 25-482
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TOTAL P.02