5909ORDINANCE NO. 5909
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING SECTION 10.20.080, 10.20.090 AND 10.20. 100 AND
REPEALING SECTION 10.20.110 OF CHAPTER 10.20, OF TITLE 10 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO WELLS
WHEREAS, Chapter 10.20 and Chapter 6.44 of the Anaheim Municipal Code each
establish procedures to abate public nuisances created when water wells are abandoned or
otherwise in disrepair or disuse; and
WHEREAS, the hearing procedures established under these two Chapters conflict; and
WHEREAS, it is preferred that Chapter 6.44 be used where water well proceedings are
involved.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1.
That Section 10.20.080 of Chapter 10.20 of Title 10 of the Anaheim Municipal Code be,
and the same hereby is, amended in its entirety to read as follows:
"10.20.080 NOTICE - PUBLIC NUISANCE
Wells deemed to be public nuisances pursuant to this chapter, or as that term is defined in
Chapter 6.44 of this Code, shall be abated in accordance with the procedures set forth in Chapter
6.44 of this Code."
SECTION 2.
That Section 10.20.090 of Chapter 10.20 of Title 10 of the Anaheim Municipal Code be,
and the same hereby is, amended in its entirety to read as follows:
"10.20.090 IMMINENT THREAT OR ENDANGERMENT TO WATER SUPPLY
If the General Manager finds that immediate action is necessary to prevent an imminent
threat of endangerment to, or contamination of, the ground water, or an imminent threat to the
health or safety of the public, he or she may immediately take such action as is reasonably
necessary to prevent or remove such imminent threat without giving prior notice thereof. Within
twenty-four hours of initiating action to remove such imminent threat, the City Clerk shall give
notice of a public hearing to abate such imminent threat as a public nuisance in conformance
with the procedures set forth in Chapter 6.44 of this Code. For purposes of abating any public
nuisance as described in this Section, the term `Manager' as used in Chapter 6.44 shall mean
r
either the Public Utilities General Manager or the Manager of the Code Enforcement Division of
the City. The notice of such public hearing shall state the specific facts giving rise to the need to
remove such imminent threat, the corrective measures taken or to be taken to correct or remove
such imminent threat, notice that the costs incurred by the City to abate such public nuisance will
be assessed against the property, and the time, date and place at which a hearing shall be held
relating thereto, which date shall not be less than ten (10) nor more than thirty (30) days after the
date such notice is mailed."
SECTION I _
That Section 10.20. 100 of Chapter 10.20 of Title 10 of the Anaheim Municipal Code be,
and the same hereby is, amended in its entirety to read as follows:
"10.20.100 OTHER PROCESSES FOR CLOSING OR REMOVING ABANDONED
WELLS
As an alternative to the processes set forth in Chapter 6.44 of this Code (Nuisances), the
General Manager is hereby authorized to establish other processes for closing or removing
abandoned wells, which are consistent with the purposes set forth in this Chapter 10.20,
including programs to finance the removal, capping or destruction of abandoned wells in order to
protect groundwater from potential contamination."
SECTION 4.
That Section 10.20.110 of Chapter 10.20 of Title 10 of the Anaheim Municipal Code be,
and the same hereby is, repealed in its entirety.
SECTION 5. 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 or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this ordinance; it being the intent of the
Council that it would have passed all other portions of this ordinance, independent of the
elimination of any such portion as may be declared invalid.
SECTION 6. 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.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 20thday of —6p • I , 2004, and thereafter
passed and adopted at a regular meeting of said City Council held on the 27thday of April
, 2004, by the following roll call vote:
AYES: Mayor Pringle, Council Members, Chavez, Hernandez, McCracken.
NOES: N/A
ABSENT: Council Member, Tait
ABSTAIN: N/A
CITY O AHEIM
By
MA OR OF TH I OF ANAHEIM
ATTEST:
2x
ITY CL RK Of THE CITY OF ANAHEIM
51764.5
CJF
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) SS.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
May 6, 2004
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that tbG foregoing is true and correct":
!, t
Exited ataita Ana, Orange County,
C44fornia, on
s /
lie: May 6, 2004
ti
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
ORDINANCE NO. 5909
AN ORDINANCE 0= T�-!E C'TY COI; C'L OF THE CITY
OF ANAHEIM AMENDING SECTION 10.20.08010.20.090
AND 10.20.100 AND REPEALING SECTION 10.20 110 OF
CHAPTER 10.20, OF TITLE 10 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO WELLS
WHEREAS, Chapter 10.20 and Chapter 6.44 of the Ana- l',
heim Municipal Code each establish procedures to abate
public nuisances created when water wells are abandoned'.
or otherwise in disrepair or disuse; and
T1lIS space IS for the County Clerk's ] WHEREAS, the hearing procedures established under
p tY these two Chapters conflict; and
Proof of Publication of
WHEREAS, it is preferred that Chapter 6.44 be used
where water well proceedings are involved.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1.
That Section 10.20.080 of Chapter 10.20 of Title 10 of the
Anaheim Municipal Code be, and the same hereby is,
amended in its entirety to read as follows:
"10.20.080 NOTICE - PUBLIC NUISANCE
Wells deemed to be public nuisances pursuant to this
chapter, or as that term is defined in Chapter 6.44 of this
Code, shall be abated in accordance with the procedures
set forth in Chapter 6.44 of this Code."
SECTION 2.
That Section 10.20.090 of Chapter 10.20 of Title 10 of the
Anaheim Municipal Code be, and the same hereby is,
amended in its entirety to read as follows:
Paste C11ppmlwATER SUIMMINENT THREAT OR ENDANGERMENT TO
LY
Notice
If the General Manager finds that immediate action is nec-
SECUREj essary to prevent an imminent threat of endangerment to, or
contamination of, the ground water, or an imminent threat to
In This Spac the health or safety of the public, he or she may immediate-
ly take such action as is reasonably necessary to prevent or
remove such imminent threat without giving prior notice
thereof. Within twenty-four hours of initiating action to re-
move such imminent threat, the City Clerk shall give notice
of a public hearing to abate such imminent threat as a pub-
lic nuisance in conformance with the procedures set forth in
Chapter 6.44 of this Code. For purposes of abating any
public nuisance as described in this Section, the term
Manager' as used in Chapter 6.44 shall mean either the
Public Utilities General Manager or the Manager of the
Code Enforcement Division of the City. The notice of such
public hearing shall state the specific facts giving rise to the
need to remove such imminent threat, the corrective meas-
ures taken or to be taken to correct or remove such immi-
nent threat, notice that the costs incurred by the City to
abate such public nuisance will be assessed against the
property, and the time, date and place at which a hearing
shall be held relating thereto, which date shall not be less
than ten (10) nor more than thirty (30) days after the date
such notice is mailed."
SECTION 3..
That Section 10.20.100 of Chapter 10.20 of Title 10 of the
Anaheim Municipal Code be, and the same hereby is,
amended in its entirety to read as follows:
"10.20.100 OTHER PROCESSES FOR CLOSING OR REMOV-
ING ABANDONED WELLS
As an alternative to the processes set forth in Chapter
6.44 of this Code (Nuisances), the General Manager is here-
by authorized to establish other processes for closing or re-
moving abandoned wells, which are consistent with the pur-
poses set forth in this Chapter 10.20, including programs to
finance the removal, capping or destruction of abandoned
wells in order to protect groundwater from potential
contamination."
SECTION 4.
That Section 10.20.110 of Chapter 10.20 of Title 10 of the
Anaheim Municipal Code be, and the same hereby is, re-
pealed in its entirety.
SECTION S. 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 or unconstitutional, such invalidi-
ty or unconstitutionality shall not affect the validity or consti-
tutionality of the remaining portions of this ordinance; it be-
ing the intent of the Council that it would have passed all
other portions of this ordinance, independent of the elimina-
tion of any such portion as may be declared invalid.
SECTION S. 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 viola-
tions were committed prior to the effective date hereof, nor
be construed as a waiver of any license or penalty or the pe-
nal provisions applicable to any violation thereof. The provi-
sions 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 was introduced at a regu-
lar meeting of the City Council of the City of Anaheim held
on the 20th day of April, 2004, and thereafter passed and
adopted at a regular meeting of said City Council held on
the 27th day of April, 2004, by the following roll call vote:
AYES: MAYOR/ COUNCIL MEMBERS: PRINGLE,
McCRACKEN, CHAVEZ, HERNANDEZ
NOES: MAYOR/COUNCIL MEMBERS: NONE
ABSENT: MAYOR/COUNCIL MEMBERS: TAIT
ABSTAIN: MAYOR/COUNCIL MEMBERS: NONE
CITY OF ANAHEIM
B
ATTEST:
VAYOR OF THE CITY OF ANAHEIM
(31TY CLERK OF THE CITY OF ANAHEIM
Publish; Anaheim Bulletin