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540816 ORDINANCE NO. 5408 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTIONS 18.21.040.060 AND 18.61.040.060 TO SECTIONS 18.21.040 AND 18.61.040, RESPECTIVELY, OF CHAPTERS 18.21 AND 18.61 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (REMEDIATION OPERATIONS PURSUANT TO STIPULATED JUDGMENT). THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That new subsection .060 be, and the same is hereby, added to Section 18.21.040 of Chapter 18.21 of Title 18 of the Anaheim Municipal Code to read as follows: 11.060 Scrap metal salvage and shredding, automobile dismantling, and used auto parts businesses pursuant to a stipulated judgment approved by the City Council and ordered by the Orange County Superior Court, with operation of the businesses authorized solely for the purpose of remediation of toxic and/or hazardous materials and/or waste on the subject property, and expressly contingent upon continued compliance with the stipulated judgment and the requirements of any and all regulatory agencies with jurisdiction on such matters. Termination of the use shall be pursuant to the terms of the stipulated judgment and shall not be pursuant to the provisions of this Title." SECTION 2. That new subsection .060 be, and the same is hereby, added to Section 18.61.040 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code to read as follows: 11.060 Scrap metal salvage and shredding, automobile dismantling, and used auto parts businesses pursuant to a stipulated judgment approved by the City Council and ordered by the Orange County Superior Court, with operation of the businesses authorized solely for the purpose of remediation of toxic and/or hazardous materials and/or waste on the subject property, and expressly contingent upon continued compliance with the stipulated judgment and the requirements of any and all regulatory agencies with jurisdiction on such matters. Termination of the use shall be pursuant to the terms of the stipulated judgment and shall not be pursuant to the provisions of this Title." 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. SECTION 5. 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 30th day of November , 1993. MAYOR OF THE CITY OF AHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM - 2 - 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. 5408 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 16th day of November, 1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 30th day of November, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5408 on the 1st day of December, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 1st day of December, 1993. 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. 5408 and was published once in the Anaheim Bulletin on the 9th day of December, 1993. CITY CLERK OF THE CITY OF ANAHEIM