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5925ORDINANCE NO. 5925 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTION 1.01.389 OF CHAPTER 1.01 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE TO PROVIDE FOR FULL COST RECOVERY FOR CERTAIN CODE ENFORCEMENT INSPECTIONS, AND ESTABLISHING PROCEDURES FOR COLLECTION OF COSTS FOR GRAFFITI REMOVAL WHEREAS, the City of Anaheim provides, at no cost to the property owner, an inspection of property after a notice of violation has been issued and the violations have reportedly been corrected; and WHEREAS, on occasion, the violations reportedly corrected have not been brought into conformity with the Code, resulting in two or more reinspections for the same violation; and WHEREAS, those property owners who fail to correct, or improperly or incompletely correct, noticed violations following an initial inspection, thereby requiring additional reinspections, should pay the full cost of such initial inspection and required reinspections; and WHEREAS, in those cases in which property is defaced with graffiti, the City of Anaheim will remove such graffiti without charge on the first two occasions of such defacement; and WHEREAS, the property owner is responsible for all subsequent removal of graffiti; and WHEREAS, on those occasions when commercial and industrial property owners fail to remove graffiti after notice to do so and two previous complimentary removals by City personnel, the City desires to recover its full costs of graffiti removal if the owner fails to remove graffiti. follows: NOW, THEREFORE, the City Council of the City of Anaheim does ordain as SECTION 1. That subsection .030 of Section 1.01.389 of Chapter 1.01 of Title 1 of the Anaheim Municipal Code be, and hereby is amended in its entirety to read as follows: ".030 There is hereby imposed upon each person who receives a notice of violation of any of the above -referenced provisions of the Municipal Code or State law an inspection fee, in such amounts as set from time to time by the City Council, which may be assessed for each initial inspection and each reinspection of property conducted pursuant to this Section. Any such initial 1 inspection fee and first reinspection fee shall be waived and shall not be imposed when the particular violation for which an initial inspection and first reinspection is conducted is fully abated and corrected within the time and manner specified in the notice of violation. This fee is intended to provide full cost recovery for administrative and operational costs based on actual time expended for unnecessary inspections, and not for enforcement of the law. Any fees imposed shall be separate and apart from any fines or penalties imposed for violation of the law. The amount of any fee imposed shall be deemed a civil debt due and owing to the City of Anaheim. For purposes of this subsection, the term `initial inspection' shall mean any inspection of the premises which results in the issuance of a notice of violation of any of the above -referenced provisions of the Municipal Code or State law. " SECTION 2. That new subsection .040 be, and the same is hereby, added to Section 1.01.389 of Chapter 1.01 of Title 1 of the Anaheim Municipal Code, to read as follows: ".040 Graffiti Abatement and Cost Recovery. .0401 Property defaced by graffiti or other inscribed material (as defined in Section 38772 of the Government Code or any successor provision thereto) is hereby declared to constitute a public nuisance. The City, acting by and through its authorized employees, contractors or agents, may summarily abate, or cause the summary abatement of, any such nuisance in the event the owner of the property upon which the nuisance exists has not caused the complete abatement thereof following receipt of notice of violation from the City and within the time and manner specified in such notice. There is hereby imposed upon each commercial business or industrial property owner a graffiti removal fee, in such amounts as set from time to time by the City Council, which may be assessed for each graffiti removal conducted by the City pursuant to this Section after two complimentary removals by the City conducted pursuant to this Section when the particular violation for which a graffiti removal is not fully abated or corrected as directed by, and within the time and manner specified in, the notice of violation. This fee is intended to provide full cost recovery for administrative and operational costs based on actual time expended for habitual graffiti removals for commercial property owners, and not for enforcement of the law. Any fees imposed shall be separate and apart from any fines or penalties imposed for violation of the law. .0402 Any charges assessed pursuant to subsection .0401 for the abatement of any nuisance resulting from the defacement of property by graffiti or other inscribed material shall be a lien against the property on which said nuisance is maintained and a personal obligation against the owner of such property. Notice of said lien shall be provided prior to recording thereof to the owner of record of such parcel and shall contain all information required under Government Code Section 38773. 1, or any successor provision thereto. Such notice shall be served on the owner in the same manner as a summons in a civil action. Any lien so recorded may be foreclosed by an action brought by the City for a money judgment. Should such lien be satisfied, discharged or released by payment or foreclosure, notice thereof shall be recorded by the City." 2 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. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 1 5 tday of June , 2004, and thereafter passed and adopted at a regular meeting of said City Council held on the 22n&4ay of June , 2004, by the following roll call vote: AYES: Mayor Pringle, Council Henbers Chavez, McCracken, Hernandez NOES: none ABSENT: Tait ABSTAIN: none ATTEST: Z-141 CITY CLEPK- OF THE CITY OF ANAHEIM 54128.5/lnewberry/May 4. 2004 3 CTI'YO ANAHEIM Ey MAYOR OF TA CITY OF ANAHEIM 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 supplerwnt thereof on the following dates, to Ln . R n1uly 1, PO4 "'I certi K,(or declare) under the penalty of U--3 - rjury bier the14ws of the State of California C==> that the foregoingis true and correct": Executed at Santa Ana, Orange County, California, on Date: July 1, 2004 0 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION ORDINANCE NO. 5925 AN ORDINANCE OF THE C11VCO 7NCIL OF THE CITY OF ANAHEIM AMENDING SECTION 1.01.389 OF CHAPTER 1.01 OF TITLE 1 OF THE ANAHEIM MUNOPAL CODE TO PROVIDE FOR FULL COST RECOVERY FOR CERTAIN'COIDE ENFORCEMENT INSPECTIONS, AND ESTABLISHING PROCEDURES FOR COLLECTION OF COSTS FOR GRAFFITI REMOVAL TI WHEREAS, the City of Anaheim provides, at no cost to the property owner, an inspec- tion of property after a notice of violation has been issued and the viol ations have reported- ly been oorre ed; and WHEREAS, on occasion, the violations reportedly corrected have not been brought in- to conformity with the Code, resulting in two or more reinspections,ior the same violation; and WHEREAS, those property owners who fail to correct, or improperly or incompletely correct, noticed violations followingan initial inspection, thereby requiring additional rein- spections, should pay the full cost of such initial inspection and required reinspections; and WHEREAS, in those cases in which property is defaced with graffiti, the City of Ana- heim will remove such graffiti without charge on the first two occasions of such deface menta and P! WHEREAS, the property owner is responsible for all subsequent removal of graffiti; and WHEREAS, on those occasions when commercial and industrial property owners fail I to remove graffiti after notice to do so and two previous complimentary removals by City personnel, the City desires to recover its full costs of graffiti removal if the owner fails to re- move graffiti. NOW, THEREFORE, the City Council of the City of Anaheim does ordain as follows: SECTION 1. That subsection .030 of Section 1.01.389 of Chapter 1.01 of Title 1 of the Anaheim Munic- ipal Code be, and hereby is amended in its entirety to read as follows: ".030 There is hereby imposed upon each person who receives a notice of violation of any of the above -referenced provisions of the Municipal Code or State law an inspection fee, in such amounts as set from time to time by the City Council, which may be assessed for each initial inspection and each reinspection of property conducted pursuant to this Section. Any such initial inspection fee and first reinspection fee shall be waived and shall not be imposed when the particular violation for which an initial inspection and first rein- spection is conducted is fully abated and corrected within the time and manner specified in the notice of violation. This fee is intended to provide full cost recovery for administrative and operational costs based on actual time expended for unnecessary inspections, and not for enforcement of the law. Any fees imposed shall be separate and apart from any fines orenalties imposed for violation of the law. The amount of any fee imposed shall be deemed civil debt due and owing to the City of Anaheim. For purposes of this subsec- tion, the term 'initial inspection' shall mean any inspection of the premises which results in the issuance of a notice of violation of any of the above -referenced provisions of the Munici- pal Code or State law. " SECTION 2. That new subsection .040 be, and the same is hereby, added to Section 1.01.389 of Chapter 1.01 of Title 1 of the Anaheim Municipal Code, to read as follows: ".040 Graffiti Abatement and Cost Recovery. 0401 Property defaced by graffiti or other inscribed material (as defined in Section 38772 of the Government Code or any successor provision thereto) is hereby declared to constitute a public nuisance. The City, acting by and through its authorized employees, contractors or agents, may summarily abate, or cause the summary abatement of, any such nuisance in the event the owner of the property upon which the nuisance exists has not caused the complete -abatement thereof following receipt of notice of violation from the City and within the time and manner specified in such notice. There is hereby imposed upon each commercial business or industrial property owner agraffiti removal fee; in such amounts as set from time to time by the City Council,. which may be assessed for each graf- fiti removal conducted by the City pursuant to this Section after two complimentary remov- als by the City conducted pursuant to this Section when the particular violation for which a graffiti removal is not fully abated or corrected as directed by, and within the time and man- ner specified in, the notice of violation, This fee is intended to provide full cost recovery for: administrative and operational costs based on actual time expended for habitual graffiti re -'1 movals for commercial property owners, and not for enforcement of the law. Any fees im- posed shall be separate and apart from any fines or penalties imposed for violation -of the .0402 Any charges assessed pursuant to subsection .0401 for the abatement of any nuisance resulting from the defacement of property by graffiti or other inscribed material shall be a lien against the property on which said nuisance is maintained and a personal obligation against the owner of such property. Notice of said lien shall be provided prior to recording thereof to the owner of record of such parcel and shall contain all information required under Government Code Section 38773.1,. or any successor provision thereto. Such notice shall be served on the owner in the same manner as a summons in a civil ac- tion. Any lien so recorded may be foreclosed by an action brought by the City for a money judgment. Should succi'fien be "satisfied, discharged or released by payment or foreclo- sure, notice thereof shall be recorded by the City." SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should anyy section, para- graph, 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 li- cense 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 previ- ously adopted by the City relating to the same subject matter, shall be construed as re- statements and continuations, and not as new enactments. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Coun- cil of the City of Anaheim heli on the 15th day of June, 2004, and thereafter passed and adopted at a regular meeting of said City Council held on the 22nd day of June, 2004, by the following roll call vote: AYES: MAYOR/COUNCIL MEMBERS: PRINGLE, McCRACKEN, HERNANDEZ, CHAVEZ NOES: NONE ABSENT: COUNCIL MEMBER TAIT ABSTAIN: NONE CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF.THE CITY OF ANAHEIM Publish: Anaheim Bulletin - July 1. 2004 25-679 6254M&