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5536FOLLOWS: i ORDINANCE NO. 5536 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING EXISTING CHAPTER 16.08 AND ADDING NEW CHAPTER 16.08 TO TITLE 16 OF THE ANAHEIM MUNICIPAL CODE ADOPTING THE UNIFORM FIRE CODE, 1994 EDITION; AND DECLARING THAT THIS ORDINANCE IS AN EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Chapter 16.08 of Title 16 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 2. That new Chapter 16.08 of Title 16 be, and the same is hereby, added to the Anaheim Municipal Code, to read as follows: "Chapter 16.08 UNIFORM FIRE CODE ADOPTED 16.08.010 APPROVAL. The City Council does find and determine, as a result of study and investigation conducted by the City and its Fire Department, that the Uniform Fire Code, 1994 Edition, including the Appendices thereto, is an approved code for adoption by reference within the meaning of Section 50022.1 of the Government Code of the State of California. 16.08.020 ADOPTION OF THE UNIFORM FIRE CODE, 1994 EDITION,WITH APPENDICES Pursuant to the Provisions of Section 50022.1 to 50022.8, inclusive, of the Government Code of the State of California, the City Council of the City of Anaheim does hereby adopt, by reference, the Uniform Fire Code, 1994 Edition, including Appendices I -C, II -A, II -B, II -C, II -D, II -E, II -E -I, II -H, II -I, III -A, III -B, III -C, III -D, IV -A, IV -B, V-A, VI -A, VI -B, VI -D, VI -E, VI -F, VI -G; and directs that three (3) or more copies of the Code shall be filed in the office of the City Clerk and shall be kept there for public inspection while the Code is enforced, all of which copies shall be certified to be true copies by the City Clerk. The City Clerk shall, at all times, YY maintain a reasonable supply of copies of the -Code available for purchase by the public at a moderate price not to exceed the actual cost thereof to the City of Anaheim. 16.080.430 VIOLATIONS - PENALTIES Except where another penalty is provided pursuant to state law, any person who shall violate any of the provision of this Chapter, or shall fail to comply wherewith, or who shall violate or fail to comply with any order make thereunder, or who shall build in violation of any detailed statement or specifications or plans submitted and approved thereunder, shall severally for each and every such violation or noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not more than One Thousand dollars ($1,000) or by imprisonment for not more than six (6) months or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue: and all such persons shall be required to correct or remedy such violations or defects within a reasonable time: and when not otherwise specified, each day that the prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of the prohibited conditions. SECTION 3. 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 herefrom of any such portion as may be declared invalid. SECTION 4. 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. A SECTION 5. EFFECTIVE AND OPERATIVE DATES This ordinance shall take effect immediately; however, it shall become operative December 28, 1995. SECTION 6. DECLARATION OF URGENCY. The City Council declares that this ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety, and the reasons for the urgency are as follows: 1. This Ordinance adopts the Uniform Fire Code, 1994 Edition. It is anticipated that local amendments will be adopted concurrently with this Ordinance. In order for the local amendments to become effective within the City prior to the State Model Codes becoming effective without local amendments, it will be necessary to adopt the Ordinances with local amendments as urgency measures. In order for these local amendments to apply to the Uniform Fire Code, 1994 Edition, it is necessary that this Ordinance also be adopted as an urgency measure. 2. For the aforesaid reasons, it is necessary to adopt this ordinance as an emergency measure for the immediate preservation of the public peace, health or safety. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 12th day of December , 1995. MAYOR OF THE CITY O*ANIM ATTEST CITY CLERK OF THE CITY OF ANAHEIM 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 urgency Ordinance No. 5536 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the 12th day of December, 1995 and after reading of the ordinance by the City Attorney by the following vote of the members thereof: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Tait, Zemel, Feldhaus, Lopez, Daly None None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5536 on the 12th day of December, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of December, 1995. 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 of Ordinance No. 5536 and was published once in the Anaheim Bulletin on the 21 st day of December, 1995. CITY CLERK OF THE CITY OF ANAHEIM