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5980ORDINANCE NO. 5980 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.80 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FEES THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Sections 18.80.040, 18.80.050 and 18.80.060 of Chapter 18.80 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended in their entireties, to read as follows: " 18.80.040 EFFECT OF FEES. Fees, including any initial deposits as may be required by resolution of the City Council, for processing applications for permits or other approvals or appeals pursuant to this title must be paid in full, before any application or appeal will be accepted for filing. Any additional deposits as may be required by resolution of the City Council must be paid in full by the project applicant prior to continued processing of any application or appeal by the City except as provided in Section 18.80.60 of this Chapter. Fees, including any initial deposits and additional deposits as may be required by resolution of the City Council, shall be payable to the City of Anaheim and shall constitute a debt due and payable to the City until paid in full. Once submitted, fees shall not be refunded, except as otherwise authorized by Chapter 18.60 (Procedures) or by resolution of the City Council adopted pursuant thereto; provided, however, that the amount of any deposit that exceeds all accumulated costs at the time of the final action on the subject petition, application or appeal shall be refunded to the depositor. 18.80.050 CITY -INITIATED ACTIONS AND APPEALS. Fees for processing applications are not required for applications or appeals filed by any governmental agency, members of the City Council, any City commission or advisory board, or any department or division of the City, except for additional deposits which may be required of a project applicant for the processing of an appeal as provided by resolution of the City Council. 18.80.060 EFFECT OF FAILURE TO MAKE REQUIRED ADDITIONAL DEPOSITS. Notwithstanding any other provision of this Code to the contrary, if the amount of any additional deposit as may be required by resolution of the City Council in conjunction with any application or appeal is not received by the City within fifteen (15) working days after the invoice due date, all development project processing and/or appeal activities will be terminated until payment is received. In the event the project applicant fails to make the necessary additional deposit prior to the scheduled public hearing upon such application or appeal, the Planning Director, or his or her designee, shall report to the City Council (or the hearing officer or other body hearing such application or appeal) that the project applicant has failed to timely make the additional deposit required by such resolution. At the time set for the public hearing, and notwithstanding any other provision of this Code to the contrary, the City Council shall either (i) find that the project applicant has failed to make the required additional deposit and deny the development project for such reason, or (ii) determine that the City Council then currently has sufficient information to act upon the application or appeal, and proceed with the public hearing and consideration of the application or appeal, or (iii) continue the hearing (within permissible legal time limits) to allow the project applicant additional time to make the Additional Deposit." SECTION 2. SEVERABILITY The City Council of the City of Anaheim 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 this 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 or amendment 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 thereof, nor be construed as a waiver of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The provisions of the 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 14day of June , 2005, and thereafter passed and adopted at a regular meeting of said City Council held on the 21 day of June , 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None crrY ANAHEIM By MAYOR OF THE CITY 3F ANAHEIM ATTEST: C Y CLE O THF. CITY OF ANAHEIM 57620.2 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: June 30, 2005 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: June 30, 2005 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION ORDINANCE NO. 5980 , AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.80 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FEES THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Sections 18.80.040, 18.80.050 and 18.80.060 of Chapter 18.80 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended in their entireties, to read as follows: "18.80.040 EFFECT OF FEES. Fees, including any initial deposits as may be required by resolution of the City Council, for processing applica- tions for permits or other approvals or appeals pursuant to this title must be paid in ful -before any application or ap- peal will be accepted for firing. Any additional deposits as may be required by resolution of the City Council must be paid In full by the project applicant prior to continued proc- essing of an�`application or appear by the City except as provided in Section 1B.80.60 of this Chapter. Fees, Includ- m8 anyinitial deposits and additional deposits as may be re- gwredby resolution of the City Council, shall be payable to the City of Anaheim and shall constitute a debt due and pay- able to the City until paid in full. Once submitted, fees shall not be refunded, except as otherwise authorized by Chapter 18.60 (Procedures) or by resolution of the City Council adopted pursuant there o; provided, however, that the amount of andeposit that exceeds all accumulated costs at the time of the final action on the subject petition, applica- tion or appeal shall be refunded to the depositor. 18.80.050 CITY -INITIATED ACTIONS AND APPEALS. Fees for"processing applications are not required for ap- plications or appeals filed by any governmental agency, members of the City Council, any City commission or advi- sory board, or any department or division of the City; except for additional deposits which" may be required of a pro ect applicant for the processing of an appeal as provided] by resolution of the City Council. 18.80.060 EFFECT OF FAILURE TO MAKE REQUIRED AD- DITIONAL DEPOSITS. Notmnstanding any other provision of this Code to the contrary, If the amount of any additional deposit as may be required by resolution of the City Council in con 'unction wdh anyy application or appeal is not received by a Clity within fifteen (15) working days after the invoice due date, all development project processing and/or appeal activities will be terminated until payment is received. In the event the project applicant falls to make the necessary additional de- posit prior to the scheduled public hearing upon such appli- cation or appeal, the Planning Director, or his or her desig- nee, shall reporttothe CityCouncil(or the hearing officer or other proj- ect applicant has failed tuch a o timely make thion or e addition dethat the pos- it required by such resolution. At the time set for the public hearing, and notwithstanding any other provision of this Code to the contrary, the City Council shall either (i) find that the project applicant has failed to make the required ad- ditional deposit and deny the development project for such reason, or (I determine that the City Council then currently has sufficient information to act upon the application or ap- peal, and proceed with the public hearing and considera- tion of the application or appeal, or (iii) continue the hearing (within permissible legal time limits) to allow the project ap- plicant additional time to make the Additional Deposit" SECTION 2. SEVERABILITY The City Council of the City of Anaheim declares that should any section, par raph, sentence or word of this or- dinance hereby adopted a declared for any reason to be invalid, it is the intent of the Council this it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be de- clared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal or amendment 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' thereof, nor be construed as a waiver of any tax, license or pane or of the penal provisions applicable to any viola- tions ereof. The provisions of the ordinance, insofar as they are substantially the same as ordinance provisions pre- viously adopted by the City relating to the same subject mat- ter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE was introduced at a reggular meeting of the City Council of the City of Anaheim hadd on the 14th day of June, 2005, and thereafter passed and adopted at a regular meeting of said City Council held on -the 21st day of June, 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By SS/Mayor Curt Pringle JNAYOR OF THE CITY OF ANAHEIM ATTEST: SS/SherryylIl Schroeder CRYCLERK OF THE CITY OF ANAHEIM Publish: Anehelm Bulletin Junee30, 2005 25.528 4710815" i