5622ORDINANCE NO. 5622
AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING
CHAPTER 6.44 OF, AND ADDING NEW CHAPTER 6.44
TO, TITLE 6 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO NUISANCES
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Chapter 6.44 of Title 6 of the Anaheim Municipal Code
be, and the same is hereby, repealed in its entirety.
SECTION 2_
That new Chapter 6.44 be, and the same is hereby, added to
Title 6 of the Anaheim Municipal Code to read as follows:
"6.44.010 NUISANCES
It is hereby declared a public nuisance for any person owning,
leasing, occupying or having charge or possession of any
premises in this City to maintain such premises in such manner
that any of the following conditions are found to exist or the
following acts are found to have been committed thereon:
.010 Fire Hazards. Any dry or dead shrub or tree,
combustible refuse and waste, or any growing material which by
reason of its size, manner of growth or location constitutes a
fire hazard to a building, structure, crop or other property.
.020 Public Burning. The intentional outdoor burning of
any material, structure, matter or thing unless specifically
authorized by the Anaheim Fire Marshal.
.030 Refuse and Waste. The keeping of any refuse or waste
on any property for a period in excess of ten (10) calendar
days. "Refuse or Waste" means any rubbish, refuse, trash or
debris of any kind including without limitation: rubble,
asphalt, concrete, plaster, tile, rocks, bricks, soil, building
materials, crates, cartons, containers, boxes, machinery or
parts thereof, scrap metal or other pieces of metal, trimmings
from plants or trees, cans, bottles or barrels.
.040 Polluted Water. A swimming pool, pond or other body
of water which is abandoned, unattended, unfiltered, or not
otherwise maintained, resulting in the water becoming polluted.
Polluted water means that the water in a swimming pool, pond or
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other body of water contains bacterial growth, algae, remains of
insects, remains of deceased animals, rubbish, refuse, debris,
papers, and any other foreign matter or material which because
of its quantity or nature constitutes an unhealthy, unsafe or
unsightly condition.
.050 Improper Storage. The storage or maintaining upon any
property of any of the following:
.0501 Motor vehicles, trailers, campers, boats, or
other mobile equipment within any front yard area as defined
in Title 18 of this Code, excluding driveways.
.0502 Inoperative, abandoned, wrecked or dismantled
motor vehicles or parts thereof upon any property for a period
in excess of ten (10) days. "Motor vehicle" as used in this
chapter shall be defined as set forth in Section 670 of the
Vehicle Code. An "inoperative motor vehicle" includes, but is
not limited to, vehicles which cannot be immediately started
and driven due to a lack of fuel, lack of necessary parts, a
malfunctioning engine or other malfunctioning systems or
parts, a lack of one or more wheels or tires or a complete or
nearly complete lack of air in any of the vehicle's tires.
This section shall not apply to a vehicle or part thereof
which is completely enclosed within a building in a lawful
manner or where it is not visible from the street or other
public or private property. This section shall also not apply
to a vehicle or part thereof which is stored or parked in a
lawful manner on private property in connection with the
lawfully authorized and permitted business of a licensed
dismantler, licensed vehicle dealer or a junkyard; provided,
however, that this exception shall not authorize the
maintenance of a public or private nuisance as defined under
provisions of law other than this Section.
.0503 Abandoned, broken or discarded furniture,
household appliances or equipment visible from a public street
or other public or private property for periods in excess of
ten (10) days.
.0504 Garbage cans or refuse receptacles in front or
side yards and visible from a public street except as
permitted by Section 10.10.050.020 of this Code.
.0505 Furniture, other than lawn or patio furniture, on
porches, or in required front or side yards for a period in
excess of ten (10) days.
.060 Clotheslines. Clotheslines in any front yard area as
defined in Title 18 of this Code.
.070 Improper Maintenance.
.0701 Maintenance of any property including, but not
limited to, building exteriors in such condition as to become
so defective, unsightly, or in such condition of deterioration
or disrepair that the same causes substantial diminution of
the property values of surrounding property or is materially
detrimental to proximal properties and improvements.
.0702 Maintaining property where buildings exist in any
of the following conditions:
.01 Maintaining property where buildings have been left
boarded up for a period in excess of ten (10) days without
a valid demolition or building permit on file with the
Anaheim Building Department to abate said boarded up
condition.
.02 Maintaining property where buildings have been left
open and unsecured from trespassers, children or vandals
for a period in excess of ten (10) days.
.03 Maintaining property where buildings, vacant or
occupied, have been left in a state of partial construction
and where for ten (10) days or more no current (unexpired)
building permit was on file with the Anaheim Building
Department to complete said construction.
.0703 Maintaining property with unpainted buildings, or
buildings with chipped or peeling paint, causing or likely to
cause dry rot, warping or termite infestation.
.0704 Maintaining property with broken windows in
excess of ten (10) days.
.0705 Maintaining property with overgrown vegetation:
.01 Causing detriment to neighboring properties or
property values or causing a hazardous condition to
pedestrian and/or vehicular traffic.
.02 Likely to harbor rats, vermin or other nuisances.
.0706 Maintaining property with any type of dead
vegetation.
.0707 Maintaining property in which required yard areas
are not landscaped in accordance with the general landscaping
requirements as set forth in Section 18.04.060 of this Code or
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as otherwise specifically required by this Code.
.0708 Maintaining property on which there exists an
encroachment in required yard areas which is not specifically
permitted under this Code.
.0709 Maintaining property with attractive nuisances
dangerous to children in the form of:
O1 Abandoned and broken equipment.
02 Hazardous or unfenced pools, ponds and excavations.
03 Neglected, unsecured or abandoned machinery.
.0710 Maintaining property in such condition as to be
detrimental to the public health, safety or general welfare or
in such manner as to constitute a public nuisance as defined
by Civil Code Section 3480.
.0711 Maintaining property where any device,
decoration, design, fence, vehicle or structure which by
reason of its condition, is unsightly or is deteriorated or
maintained in a state of disrepair.
.0712 Maintaining property so out of harmony or
conformity with the maintenance standards of adjacent
properties as to cause substantial diminution of the
enjoyment, use, or property values of such adjacent
properties.
.080 Graffiti. Permitting or allowing any graffiti to
remain on any building, wall, fence, vehicle or structure for a
period in excess of ten (10) days.
.090 Unsafe Buildings and Other Structures. Any building,
driveway or structure which has any of the following conditions
or defects:
.0901 Whenever any door, aisle, passageway, stairway, or
other means of exit is not of sufficient width or size, or is
not so arranged as to provide safe and adequate means of exit,
in case of fire or panic, for all persons housed or assembled
therein who would be required to, or might use such door,
aisle, passageway, stairway or other means of exit.
.0902 Whenever any portion thereof has been damaged by
earthquake, wind, flood, or by any other cause, in such a
manner that the structural strength or stability thereof is
appreciably less than the minimum requirements of this Code
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for a new building of similar structure, purpose or location.
.0903 Whenever any portion or member or appurtenance
thereof is likely to fall, or to become detached or dislodged,
or to collapse and thereby injure persons or damage property.
.0904 Whenever any building, portion of a building, or any
member, appurtenance or ornamentation on the exterior thereof
is not of sufficient strength or stability or is not so
anchored, attached, or fastened in place so as to be capable
of resisting wind pressure, earthquake forces, live -load or
dead -load as specified in the Uniform Building Code as adopted
by Title 15 of this Code without exceeding the working
stresses permitted in the Uniform Building Code.
.0905 Whenever any portion thereof has settled to such an
extent that walls or other structural portions have materially
less resistance to winds or earthquakes than is required in
the case of new construction.
.0906 Whenever the building or structure, or any portion
thereof, because of dilapidation, deterioration, decay, faulty
construction, or because of the removal or movement of some
portion of the ground necessary for the purpose of supporting
such building or portion thereof, or some other cause is
likely to partially or completely collapse, or some portion of
the foundation or underpinning is likely to fall or give way.
.0907 Whenever, for any reason whatsoever, the building or
structure, or any portion thereof, is manifestly unsafe for
the purpose for which it is used.
.0908 Whenever the building or structure has been so
damaged by fire, wind, earthquake, flood, or other calamity,
or has become so dilapidated or deteriorated as to become an
attractive nuisance to children who might play therein to
their danger, or as to afford a harbor for vagrants, criminals
or immoral persons, or as to enable persons to resort thereto
for the purpose of committing a nuisance or unlawful or
immoral acts.
.0909 Any building or structure which has been constructed
or which now exists or is maintained in violation of any
specific requirement or prohibition applicable to such
building or structure of the building regulations of this City
as set forth in the Uniform Building Code or Uniform Housing
Code, or of any law or ordinance of this State or City
relating to the construction, condition, location or structure
of buildings.
.0910 Whenever a building or structure, used or
intended to be used for dwelling purposes, because of
dilapidation, decay, damage, or faulty construction or
arrangement, or otherwise, is unsanitary or unfit for human
habitation or is in a condition that is likely to cause
sickness or disease when so determined by the Health Officer,
or is likely to cause injury or be detrimental to the health,
safety or general welfare of those living within.
.0911 Whenever the building or structure, used or intended
to be used for dwelling purposes, has light, air, and
sanitation facilities inadequate to protect the health, safety
or general welfare of persons living within.
.0912 Whenever any building or structure, by reason of
obsolescence, dilapidated condition, deterioration, damage,
electric wiring, gas connections, heating apparatus, or other
cause, is in such condition as to be a fire hazard and is so
situated as to endanger life or other buildings or property in
the vicinity or provide a ready fuel supply to augment the
spread and intensity of fire arising from any cause.
.0913 Any building which meets the definitions of a
substandard building in Chapter 10, Uniform Housing Code.
.0914 Any building that does not conform to fire
resistive requirements of the Uniform Building Code.
.0915 Buildings or structures maintained in violation
of Section 203(a) of the Uniform Building Code.
.0916 Any sidewalk or driveway which is debilitated,
broken, damaged, or raised to such a degree as to be unsightly
if it can be viewed from public property, or to be injurious
to property or injurious to persons using said driveway or
sidewalk.
.100 Improper Uses. The following uses of property are not
permitted:
.1001 The use of private property for the recreational
driving of any form of motorized or motor -driven bike, scooter
or vehicle as defined by California Vehicle Code Section 670.
.1002 The use of buildings or portions thereof for living,
sleeping or cooking purposes which were not designed or
intended to be used for such occupancies.
.110 Hazardous Obstructions. An obstacle, landscaping or
thing installed, or maintained in the corner setback area
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reaching a height higher than four feet above the adjoining top
of the curb at the applicable corner of the street intersection,
or four feet above the nearest pavement surface where there is
no curb, or the existing traveled roadway at the corner in
question where there is no curb or pavement. Hazardous
obstructions do not mean existing or future permanent buildings
otherwise constructed or maintained in accordance with
applicable zoning and building regulations, public utility poles
or trees trimmed at the trunk at least eight feet above the
level of the ground surface provided said trees are spaced so
that trunks do not obstruct the vision of motorists.
6.44.020 CONDITIONS OR ACTIVITIES IMMEDIATELY DEEMED
NUISANCES.
Any condition or activity described in Section 6.44.010 of
this chapter which presents an imminent threat to the health,
property, safety or welfare of the public or the occupants of
the subject property shall immediately be deemed a nuisance
regardless of how long said condition or activity has existed.
6.44.030 ABATEMENT BY REPAIR, REHABILITATION, DEMOLITION OR
REMOVAL.
All or any part of premises found, as provided herein, to
constitute a public nuisance shall be abated by rehabilitation,
demolition, or repair pursuant to the procedures set forth
herein.
6.44.040 AUTHORITY FOR ADOPTION, APPLICATION AND PURPOSE.
The procedure set forth in this chapter for the abatement of
a nuisance and the making of the cost of abatement of a nuisance
which exists upon a parcel of land a special assessment against
that parcel is adopted pursuant to Government Code Section
38773.5. The procedure set forth in this chapter for abatement
applies to any condition which the City declares is a nuisance
either by another provision of this chapter or by any other
provision of this code or any other law.
The procedure set forth in this chapter is not exclusive and
is in addition to the procedure for abatement which is conferred
upon the City by Civil Code Section 3494, Code of Civil
Procedure Section 731, Government Code Section 38773 or other
lawful authority.
6.44.050 DETERMINATION OF NUISANCE.
The Manager of the Code Enforcement Division (the "Manager")
may determine that any premises within the City may constitute
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a public nuisance pursuant to any provision of Section 6.44.010,
and may initiate abatement proceedings pursuant to this Chapter.
The Manager shall set forth his determination in a letter of
determination which shall identify the premises and state the
conditions which may constitute the nuisance and shall require
that such conditions be corrected within thirty (30) days from
the date of receipt of the letter of determination, or within
such different time as the Manager deems appropriate. The
letter of determination shall be posted on the premises and
served upon the owner as provided in Section 6.44.060 of this
chapter. "Owner" as used in this Chapter shall mean any person
in possession and also any person having or claiming to have any
legal or equitable interest in said premises, as disclosed by a
current title search from any accredited title company. If the
conditions are not remedied within the stated time, the Manager
may scheduled a hearing to determine whether or not a nuisance
exists.
6.44.060 SERVICE OF NOTICE OF HEARING AND LETTER OF
DETERMINATION.
If a hearing is scheduled, the Manager shall cause to be
served on the owner of the premises, which are the subject of
the letter of determination issued pursuant to section 6.44.050,
a copy of such letter of determination and a notice of hearing.
The letter of determination and notice shall be served by
certified mail, return receipt requested, on the owner of the
premises as shown on the latest equalized assessment roll. The
letter of determination and notice shall also be posted
prominently on the premises. The notice shall be served and
posted not less than ten (10) calendar days before the date of
the hearing. Failure of the owner to accept or otherwise
receive said certified mail shall not affect the validity of any
proceeding pursuant to this chapter.
The notice shall be headed "NOTICE OF HEARING TO DETERMINE
EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART" in
letters of not less than one inch in height and shall be
substantially in the following form:
NOTICE OF HEARING TO DETERMINE
EXISTENCE OF PUBLIC NUISANCE
AND TO ABATE IN WHOLE OR PART
Notice is hereby given that on the day of
19 , the Code Enforcement Manager of the
City of Anaheim determined that a nuisance subject to
abatement may exist on the premises situated in the
City of Anaheim, State of California, known and
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designated as , in said City,
and more particularly described as Lot No. ,
Tract No. If said premises, in whole or in
part, are found to constitute a public nuisance as
defined by Section 6.44.010 of the Anaheim Municipal
Code and if the same are not promptly abated by the
owner, such nuisance may be abated by municipal
authorities, in which case the cost of such
rehabilitation, repair, or demolition will be assessed
upon such premises and such cost will constitute a
lien upon such land until paid.
Said alleged violations consist of the following:
On , at o'clock, in
the Council Chambers of the Anaheim City Hall, 200 S.
Anaheim Boulevard, Anaheim, California, a hearing
officer appointed by the City shall conduct a public
hearing to hear any and all evidence and testimony as
to whether existing conditions on the premises
constitute a public nuisance and whether such
conditions shall be ordered abated.
6.44.070 HEARING.
At the time fixed in the notice, a hearing officer appointed
by the City Attorney shall hear the testimony of all competent
persons desiring to testify respecting the condition
constituting the nuisance, including the estimated cost of its
abatement and any other matter which may be pertinent. At the
conclusion of the hearing, the hearing officer shall determine
whether or not a nuisance exists; and if the hearing officer so
concludes, he may declare the conditions existing to be a
nuisance and direct the person owning the property upon which
the nuisance exists to abate it within thirty (30) days after
the date of posting on the premises a notice of the order.
6.44.080 EXTENSION OF TIME.
The hearing officer may grant an extension of time to abate
the nuisance if, in his opinion, good cause for an extension
exists.
6.44.090 ABATEMENT BY CITY.
If the nuisance is not abated within the time set forth, the
City may proceed to abate the nuisance, unless an appeal has
been filed pursuant to section 6.44.140.
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6.44.100 RECORD OF EXPENSES.
The Code Enforcement Manager shall cause to be kept an
itemized account of the costs involved in abating the nuisance.
The Code Enforcement Manager shall cause to be posted
conspicuously on the property and shall also mail to the owner
of the property a statement showing the cost of the abatement.
The statement shall be accompanied by a notice to the owner that
the cost of abatement may be protested as set forth in section
6.44.110. If the cost is not protested within ten (10) calendar
days after service, it shall be deemed final.
6.44.110 HEARING ON STATEMENT OF EXPENSES.
The owner may protest the cost of abatement by requesting a
hearing before the hearing officer or body which initially
determined such nuisance to exist within ten (10) calendar days
of service of the statement of costs described in section
6.44.100. Upon receipt of such a request, the Manager shall
schedule a hearing upon at least ten (10) calendar days' notice
to the persons and in the manner provided in Section 6.44.060.
At the time fixed for the hearing on the statement of costs, the
hearing officer shall consider the statement and protests or
objections raised by the person liable to be assessed for the
cost of the abatement. The hearing officer may revise, correct
or modify the statement as he considers just and thereafter
shall confirm the cost. The decision of the hearing officer
shall be in writing and shall be served by mail as described in
section 6.44.060. The decision of the hearing officer shall be
final in the absence of a timely filed appeal as provided in
Section 6.44.140 of this chapter.
6.44.120 ABATEMENT COSTS AS SPECIAL ASSESSMENT AGAINST THE
PROPERTY.
If the property owner does not pay the cost of abating the
nuisance within thirty (30) calendar days after the cost becomes
final or the hearing officer confirms the costs of abatement, or
after the cost has been confirmed by the City Council, if
appealed, the cost shall become a special assessment against the
real property upon which the nuisance was abated and a notice of
lien shall be filed. The assessment shall continue until it is
paid, together with interest at the legal maximum rate computed
from the date of confirmation of the statement until payment.
The assessment may be collected at the same time and in the same
manner as ordinary municipal taxes are collected, and shall be
subject to the same penalties and the same procedure and sale in
case of delinquency as provided for ordinary municipal taxes.
All acts applicable to levy, collection and enforcement of
municipal taxes apply to this special assessment.
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6.44.130 NOTICE OF SPECIAL ASSESSMENT.
In the event of a assessment pursuant to section 6.44.120, the
City Clerk shall file in the office of the County Recorder a
certificate substantially in the following form:
NOTICE OF SPECIAL ASSESSMENT
Under the authority of Government Code Section 38773.5
and Section 6.44.010 et seq. of Ordinance No. , the
City did on , 19 , abate a nuisance upon
the real property hereafter described and then on
19 , did assess the cost of the abatement upon
the real property. The record owner (or possessor) of
such property was (name and address). The
City of Anaheim claims a special assessment on the real
property for the expense of doing the work in the amount
of $ . This amount is a special assessment against
the real property until it is paid, with interest at the
rate of % a year from 19_, (insert date
of confirmation of statement), and discharged of record.
The real property referred to above, and upon which the
special assessment is claimed is that certain parcel of
land situated within the City of Anaheim, County of
Orange, State of California, more particularly described
as follows:
Dated
City of Anaheim
By
City Clerk
6.44.140 APPEALS.
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.010 Any decision of the hearing officer may be appealed
to the City Council by the owner of the property or by any
member of the City Council. Notice of the appeal shall be
filed with the City Clerk within ten (10) calendar days after
the decision becomes final. Late notices of appeal will not
be considered. Hearings on appeals shall be limited to those
issues raised in the notice of appeal. The Manager shall give
notice of the hearing on the appeal in the manner and to the
persons described in section 6.44.050 not less than ten (10)
calendar days prior thereto.
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.020 The filing of a timely notice of appeal shall stay
any further proceedings under the determination appealed from
until the City Council has made its determination.
.030 The City Council may uphold, reverse or modify any
determination appealed. The decision of the City Council
shall become final upon service thereof by registered mail
upon those persons described in section 6.44.050.
.040 Pursuant to Section 1.12.110, the City Council may
appoint a hearing officer to conduct appeal hearings pursuant
to this chapter, provided, however, that the hearing officer
shall not be the same hearing officer who rendered the
decision from which the appeal is being taken.
6.44.150 ALTERNATES.
Nothing in the foregoing sections shall be deemed to prevent
the City Council from ordering the City Attorney to commence a
civil or criminal proceeding to abate a public nuisance under
applicable Civil or Penal Code provisions as an alternative to
the proceedings set forth herein.
6.44.160 PROCEDURE IN CASE OF EMERGENCY.
When the conditions which constitute the nuisance pose an
immediate threat to the public peace, health or safety, the City
Council may order the nuisance abated immediately or take steps
itself to abate the nuisance after adoption of a resolution
declaring the facts which constitute the emergency. The
resolution to be effective shall be adopted by four-fifths vote
of the Council.
6.44.170 PENALTY FOR MAINTAINING NUISANCE.
.010 Any violation of the provisions of this chapter may be
charged as a misdemeanor or an infraction at the sole discretion
of the prosecutor.
.020 A misdemeanor under this chapter shall be punishable in
the manner provided in Section 1.01.370.
.030 An infraction under this chapter shall be punishable by
a fine as provided by state law."
SECTION 2. 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
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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 3. 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.
SECTION 5. PENALTY
It shall be unlawful for any person, firm or corporation to
violate any provision or to fail to comply with any of the
requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply with
any of its requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding
One Thousand Dollars ($1,000.00) or by imprisonment not exceeding
six (6) months, or by both such fine and imprisonment. Each such
person, firm or corporation shall be deemed guilty of a separate
offense for each day during any portion of which any violation of
any of the provisions of this ordinance is committed, continued or
permitted by such person, firm or corporation, and shall be
punishable therefor as provided for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 2�ay o October , 1997.
MAYOR OF THE CITY OF &AHEIM
ATTEST.
Z C'�-t sad
CITY CLERK OF THE CITY OF ANAREIM
0022782.01
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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. 5622 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 21 st day of October, 1997, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 28th day of October, 1997, by
the following vote of the members thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
McCracken, Tait, Zemel, Lopez Daly
NOES:
MAYOR/COUNCIL MEMBERS:
None
ABSENT:
MAYOR/COUNCIL MEMBERS:
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5622 on the 28th day of October, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 28th day of October, 1997.
2 .
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 of Ordinance No. 5622 and was published once in the North County News on
the 6th day of November, 1997.
CITY CLERK OF THE CITY OF ANAHEIM