5449y
ORDINANCE NO. 5449
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SUBSECTION .620 TO SECTION 18.61.050 OF
CHAPTER 18.61 OF TITLE 18 AND AMENDING
VARIOUS SUBSECTIONS OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO AUTOMOBILE
SERVICE STATIONS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That subsection .070 of Section 18.44.050 be, and the
same is hereby, added to Chapter 18.44 of Title 18 of the Anaheim
Municipal Code to read as follows:
If .070 Automobile service stations subject to the
requirements of Chapter 18.87, provided that as a
condition for the granting of a conditional use permit
for an automobile service station, the property owner
shall record an unsubordinated covenant, satisfactory
to the Planning Director and City Attorney, agreeing to
remove all structures, including underground storage
tanks, in the event that the station is closed for a
period of twelve consecutive months. A service station
shall be considered closed during any month in which it
is open for less than fifteen (15) days."
SECTION 2.
That subsection .070 of Section 18.45.050 be, and the
same is hereby, added to Chapter 18.45 of Title 18 of the Anaheim
Municipal Code to read as follows:
If .070 Automobile service stations subject to the
requirements of Chapter 18.87, provided that as a
condition for the granting of a conditional use permit
for an automobile service station, the property owner
shall record an unsubordinated covenant, satisfactory
to the Planning Director and City Attorney, agreeing to
remove all structures, including underground storage
tanks, in the event that the station is closed for a
period of twelve consecutive months. A service station
shall be considered closed during any month in which it
is open for less than fifteen (15) days."
F1
SECTION 3.
That subsection .060 of Section 18.46.050 be, and the
same is hereby, added to Chapter 18.46 of Title 18 of the Anaheim
Municipal Code to read as follows:
" .060 Automobile service stations subject to the
requirements of Chapter 18.87, provided that as a
condition for the granting of a conditional use permit
for an automobile service station, the property owner
shall record an unsubordinated covenant, satisfactory
to the Planning Director and City Attorney, agreeing to
remove all structures, including underground storage
tanks, in the event that the station is closed for a
period of twelve consecutive months. A service station
shall be considered closed during any month in which it
is open for less than fifteen (15) days."
SECTION 4.
That subsection .055 of Section 18.61.050 be, and the
same is hereby, added to Chapter 18.61 of Title 18 of the Anaheim
Municipal Code to read as follows:
" .055 Automobile service stations subject to the
requirements of Chapter 18.87, provided that as a
condition for the granting of a conditional use permit
for an automobile service station, the property owner
shall record an unsubordinated covenant, satisfactory
to the Planning Director and City Attorney, agreeing to
remove all structures, including underground storage
tanks, in the event that the station is closed for a
period of twelve consecutive months. A service station
shall be considered closed during any month in which it
is open for less than fifteen (15) days."
SECTION 5.
That subsection .620 of Section 18.61.050 be, and the
same is hereby, added to Chapter 18.61 of Title 18 of the Anaheim
Municipal Code to read as follows:
" .620 Automobile service stations subject to the
requirements of Chapter 18.87, provided that as a
condition for the granting of a conditional use permit
for an automobile service station, the property owner
shall record an unsubordinated covenant, satisfactory
to the Planning Director and City Attorney, agreeing to
remove all structures, including underground storage
tanks, in the event that the station is closed for a
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i
period of twelve consecutive months. A service station
shall be considered closed during any month in which it
is open for less than fifteen (15) days."
SECTION 6.
That subsection .055 of Section 18.63.050 be, and the
same is hereby, added to Chapter 18.63 of Title 18 of the Anaheim
Municipal Code to read as follows:
" .055 Automobile service stations subject to the
requirements of Chapter 18.87, provided that as a
condition for the granting of a conditional use permit
for an automobile service station, the property owner
shall record an unsubordinated covenant, satisfactory
to the Planning Director and City Attorney, agreeing to
remove all structures, including underground storage
tanks, in the event that the station is closed for a
period of twelve consecutive months. A service station
shall be considered closed during any month in which it
is open for less than fifteen (15) days."
SECTION 7. 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 8. 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.
8260.2\SMANN\September 8, 1994 — 3 —
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SECTION 9. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply with
any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing
to comply with any of its requirements shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 20th day of September,
19
MAY R OF THE ZrTTY OF AHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
SJM
8260.2\SMANN\September 8, 1994 — 4 —
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. 5449 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13th
day of September, 1994, and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 20th day of September, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Pickier, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Simpson
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5449 on the
21 st day of September, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 21 st day of September, 1994.
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. 5449 and was published once in the North Orange County News on the 29th day of
September, 1994.
CITY CLERK OF THE CITY OF ANAHEIM