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4964'Vome i- aEo, aer NoT ADoPAFP ORD. WAS Nor Ar (SFE CorNci[ ORDINANCE NO. 9 y AN ORDINANCE OF THE CITY OF ANAHEIM TO ADD Mts. moyr 49,*) CHAPTER 6.99 TO THE ANAHEIM MUNICIPAL CODE TO IMPOSE THE COSTS OF CRIMINAL INVESTIGATIONS UPON PERSONS WHO COMMIT CRIMINAL ACTS. WHEREAS, the City of Anaheim expends millions of dollars yearly in the investigation, prevention, and prosecution of criminal activities; and WHEREAS, the City's costs of policing these activities is presently generally paid by the taxpayers of the City; and WHEREAS, the criminal justice system, due to the uncertainties inherent therein, is inadequate to adequately suppress criminal activity or to reimburse the City for the City's expenditures in the investigation, prevention and prosecution of criminal activities; and WHEREAS, the shifting of the burden of the City's costs in the investigation, prevention, and prosecution of criminal activities from the general taxpayer to the persons who commit criminal acts is both fair and equitable; and WHEREAS, the shifting of those costs is necessary and desirable to further deter persons from such criminal acts; and WHEREAS, this ordinance is adopted pursuant to both the City of Anaheim's police and taxing powers pursuant to the Charter of the City of Anaheim and the California Constitution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 6.99 be added to Title 6 of the Anaheim Municipal Code to read as follows: "CHAPTER 6.99 COSTS OF CRIMINAL LAW ENFORCEMENT SECTION 6.99.010 GENERALLY The costs of the City of Anaheim incurred in the investigation, apprehension, and prosecution of criminal acts are hereby imposed upon and shall constitute an obligation of the person, persons, or entities (hereinafter 'person') who undertake and commit said criminal acts. SECTION 6.99.020 CRIMINAL ACTS DEFINED The term 'criminal acts' as used in this Chapter include but are not limited to any act, or failure to act, which act or failure constitutes an infraction, misdemeanor, or felony under any ordinance of the City of Anaheim or any other city or county, the laws of California or any state, or the laws of the United States or any other state or country, where said criminal act is investigated, prosecuted or otherwise enforced, in whole or in part, by employees or agents of the City of Anaheim, including instances where employees or agents of the City of Anaheim cooperate with other law enforcement agencies. SECTION 6.99.030 CONVICTIONS NOT REQUIRED It is the intention of this Chapter that the person or persons who commit criminal acts bear the costs imposed by this Chapter whether or not criminal charges are filed or prosecuted. Neither the failure to file criminal charges, the dismissal of criminal charges, nor the acquittal of a person of criminal charges shall relieve the person of the obligations imposed by this Chapter. SECTION 6.99.040 JOINT AND SEVERAL OBLIGATION The obligations imposed by this Chapter shall be the joint and several obligation of all persons who conspire to commit or aid and abet any criminal act. SECTION 6.99.050 COSTS DEFINED The obligations imposed by this Chapter shall include all costs of the City of Anaheim incurred in the investigation and prosecution of criminal acts and the apprehension of persons who commit criminal acts including but not limited to wages paid to City personnel (including the City's 'burden' for employee benefits), the costs of City equipment used, the cost of medical and other experts and consultants, and an additional amount to cover costs of administration. The cost of administration shall be determined on an annual basis as a percentage of the wages by the department head and added to the costs of the particular investigation or proceeding. -2- SECTION 6.99.060 COMPUTATION OF COSTS Each department head shall compute all of the costs imposed by this Chapter and shall forward a 'notice to bill' to the Director of Finance for collection purposes. The City Manager shall promulgate rules necessary or desirable to implement this Chapter and to coordinate the computation of costs when multiple City departments are affected or involved. The Department of Finance shall prepare and forward an invoice for the costs imposed by this Chapter to the person or persons liable therefor. SECTION 6.99.070 CHALLENGE TO INVOICE Any person who receives an invoice for charges imposed by this Chapter who disputes the calculation of those charges may after payment under protest, within thirty (30) days of receipt of the invoice, appeal the determination or calculation, by filing a written notice of appeal with the Finance Department. Upon receipt of a notice of appeal, the City shall appoint a hearing officer to consider the challenge to the invoice. The hearing officer shall fix a time and place for a hearing on the challenge and give written notice to the appellant. A rebuttable presumption shall exist that the calculations in the invoice is correct and that the burden of proof on the issues at the hearing shall be upon the appellant. The hearing officer shall render a decision on the matter within ten (10) days of the close of the hearing by mailing a copy of the decision to the appellant and filing the original with the City Clerk. The City Clerk shall make a copy of the decision available to each member of the City Council. An appellant aggrieved by the decision of the hearing officer, a member of the City Council, or the City Manager may appeal the decision of the hearing officer by filing a written notice of appeal to the City Council within ten (10) days from the date the decision is deposited in the mail to the appellant. The City Clerk shall give notice in writing to the appellant of the hearing de novo before the City Council or its hearing officer. The rebuttable presumption that the invoice is correct shall exist and the burden of proof shall be upon the appellant subject to the provisions of Section 1.12.100 (Rehearings). The determination of the City Council shall be final and conclusive. -3- SECTION 6.99.080 DEPOSIT IN GENERAL FUND All monies received pursuant to this Chapter shall be deposited in the General Fund. SECTION 6.99.090 APPLICATION TO PENDING MATTERS The obligations imposed by this Chapter shall apply to all pending and future CITY activities including costs of the City incurred on or after the effective date of this Chapter in matters pending prior to the effective date of the Chapter." SECTION 2. 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 herefrom of any such portion as may be declared invalid. SECTION 3. 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this day of MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM MES : f m 2667L 072988 -4-