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4541FOLLOWS: ORDINANCE NO. 4541 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 1.12.100 TO CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PROCEDURAL MATTERS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Section 1.12.100 be, and the same is hereby, added to Chapter 1.12 of Title 1 of the Anaheim Municipal Code to read as follows: "1.12.100 REHEARINGS BY CITY COUNCIL. _ .010 Any person or entity (hereinafter 'petitioner') aggrieved by any administrative order or decision made by the City Council as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken and discretion in the determination of facts is vested in the City Council, shall, as a prerequisite to seeking any judicial review or relief relating to such order or decision, request a rehearing of such matter by the City Council when any of the following grounds exist: .011 That the City Council has proceeded without, or in excess, of its jurisdiction; .012 That there was not a fair hearing and the petitioner was thereby deprived of any rights; .013 That there was a prejudicial abuse of discretion by the City Council within the meaning of Section 1094.5 of the Code of Civil Procedure of the State of California; or .014 That there was relevant evidence which, in the exercise of reasonable diligence, could not have been produced by the petitioner, or which was improperly excluded by the City Council, at the hearing. .020 A request for a rehearing pursuant to this section shall be accompanied by a supporting affidavit or declaration of merit (hereinafter 'affidavit') specifying in detail the subsection or subsections of Section 1.12.100.010 pursuant to which the rehearing is requested and the facts showing an entitlement to the relief sought under each such subsection. .030 The request for rehearing shall be filed in the Office of the City Clerk not later than seven (7) calendar days after the date on which the order or decision of the City Council is rendered. .040 Notwithstanding subsection .030 above, where the order or decision is not rendered at the same meeting at which the hearing is completed and the petitioner has, at or prior to the close of such hearing, filed a written request for notice of such order or decision with the City Clerk which request includes said petitioner's mailing address, such request for rehearing shall be filed by said petitioner in the Office of the City Clerk not later then ten (10) calendar days from the date the City Clerk deposits notice of the order or decision of the City Council in the U.S. Mail, postage prepaid, addressed to such petitioner. .050 When the time limits specified in subsections .030 and .040 above would otherwise expire upon a day when the Office of the City Clerk is not open for business, such time limits shall be deemed extended to the close of the next following day when the Office of the City Clerk is open for business. .060 The order or decision of the City Council shall be deemed final as to any petitioner upon the expiration of the time within which a request could be filed pursuant to this section in the absence of a request for rehearing filed within the time and manner specified herein. In the event of denial by the City Council of a timely filed request for rehearing, such order or decision shall be deemed final on the date of such denial. .070 The procedure set forth in this section shall apply to any petitioner aggrieved by any administrative order or decision made by the City Council in any rehearing granted pursuant to this section which order or decision results in any modification of a prior order or decision. .080 Any request for rehearing shall be accompanied by the supporting affidavit and the applicable filing fee as established by the City Council. The City Clerk shall refuse to file any request for rehearing which is not accompanied by both such fee and supporting affidavit." DOM 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 here'from of any such portion as may be declared invalid. SECTION 4. CERTIFICATION The City.Clerk.shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 11th day of September, 1984. MAYOR OF THE CITY #F ANAHEIM ATTEST: C TY CLERK OF THE CITY OF ANAHEIM JLW:fm 2757M 7/09/84 -3- 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. 4541 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 4th day of September, 1984, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 11th day of September, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4541 on the 11th day of September, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affiXed the official seal of the City of Anaheim this 4th day of September, 1984. CITY CLERK OF THE CITY 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. 4541 and was published once in the Anaheim Bulletin on the 21st day of September, 1984. CITY CLERK