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4854FOLLOWS: ORDINANCE NO. 4854 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 12.29 TO TITLE 12 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SIDEWALKS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That new Chapter 12.29 of Title 12 of the Anaheim Municipal Code be, and the same is hereby, added to read as follows: "CHAPTER 12.29 REPAIR OF SIDEWALKS - PROVISION FOR ALLOCATION OF COST 12.29.010 DAMAGE CAUSED BY TREE ROOTS - COST/REPAIR BY TREE OWNER The owner of any property on which is situated a tree which causes an adjacent City -owned sidewalk to become cracked, uplifted or depressed due to growth of roots or other material below or next to the sidewalk shall be responsible for repair of the damaged sidewalk and, if necessary, removal of the tree. 12.29.020 NOTIFICATION BY CITY PERSONNEL The City department responsible for maintenance and repair of sidewalks, when aware of such a condition, shall notify the property owner of the requirement to repair the sidewalk, removal of the roots or other cause of damage and, if necessary, either removal of the tree or execution and recordation of an unsubordinated covenant in a form approved by the City Attorney indemnifying and holding the City harmless from any injury or damage caused by the tree including weakening of the tree due to root removal. 12.29.030 REPAIR BY CITY - FEE If following notification by the appropriate City department, the property owner fails to correct the condition within the time specified in the notice, the City may repair the sidewalk and take all other necessary actions to correct the condition. The property owner shall pay for the cost of repair by payment of a fee or fees established �� from time to time by resolution of the City Council. SECTION 2. 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. SECTION 3. 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 28th day of July, 1987. MAYOR OF THE CITY OF ANAHEIM ATTEST: * '0/ CITY CLERK OF HE CITY OF ANAHEIM JWF:fm 1898L 070987 -2- CLERK 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. 4854 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 21st day of July, 1987, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 28th day of July, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4854 on the 28th day of July, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of July, 1987. VF V ..�.. ,CITY CLERK OF THEOCITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4854 and was published once in the Anaheim Bulletin on the 7th day of August, 1987. CITY CLERK