Chapter 1.01 — CODE ADOPTION AND CONSTRUCTION

Sections:

1.01.002 Approval of Code.

1.01.004 Adoption of Code.

1.01.006 Amendments.

1.01.010 Short title—Reference to Code.

1.01.020 Codification authority.

1.01.030 Effective date.

1.01.040 Effect of Code on past actions and obligations.

1.01.050 Reference to specific ordinances.

1.01.060 Severability.

1.01.070 Availability of Code.

1.01.080 Notation of amendments.

1.01.090 Printing amendments.

1.01.100 Construction—Provisions governing.

1.01.110 Effect of title, chapter, section headings.

1.01.120 Reference to acts or ommissions within city.

1.01.130 Conduct included within prohibitions.

1.01.140 Acts by deputy.

1.01.150 "Writing" construed—Documents to be in writing.

1.01.160 Reference applies to amendments.

1.01.170 Service of notice.

1.01.180 Proof of notice.

1.01.190 Construction—"Tenses."

1.01.200 Construction—"Gender."

1.01.210 Construction—"Number."

1.01.220 Construction—"Shall"​"May."

1.01.225 Reference to state statute includes successor state statute.

1.01.230 Construction—"Oath."

1.01.240 Construction—"Person."

1.01.250 Construction—"State."

1.01.260 Construction—"County."

1.01.270 Construction—"City."

1.01.280 Construction—Use of title.

1.01.290 Construction—"Council."

1.01.300 Construction—"City Manager."

1.01.303 Construction—"Code Enforcement" titles changed to "Community Preservation."

1.01.305 Construction—"License Collector."

1.01.310 Construction—"Street."

1.01.320 Construction—"Owner."

1.01.330 Construction—"Tenant"​"Occupant."

1.01.340 Construction—"Sale."

1.01.350 Construction—"Goods."

1.01.360 Construction—"Operate."

1.01.370 Violations of Code—Penalty.

1.01.380 Cost of services—Reimbursement.

1.01.385 Costs of enforcement for acts of vandalism—Reimbursement

reinspections—Fees.

1.01.390 (Repealed by 5774, 7/24/01)

1.01.391 (Repealed by 5392, 9/21/93)

Cross-reference:

For civil citations, see Chapter 1.20

The City Council does hereby find and determine, as a result of study and investigation by the City and its City Attorney, that the Anaheim Municipal Code is an approved code for adoption by reference within the meaning of Section 50022.1 of the Government Code of the State of California. (Ord. 3373 § 1; December 10, 1974.)

Pursuant to the provisions of Sections 50022.1 to 50022.10, both inclusive, of the Government Code of the State of California, the City Council for the City of Anaheim does hereby adopt by reference the Anaheim Municipal Code with amendments thereto. Three copies shall be filed in the office of the City Clerk of the City of Anaheim at least fifteen days preceding the hearing hereinafter provided for, and shall be kept there for public inspection while said Code is in force, all of which copies shall be certified to be true copies by the City Clerk. Following the adoption of said Code the City Clerk shall at all times maintain a reasonable supply of copies of said Code available for purchase by the public at a moderate price, not to exceed the actual cost thereof to the City of Anaheim. (Ord. 3373 § 2; December 10, 1974.)

The City Council of the City of Anaheim may propose and adopt amendments to the Anaheim Municipal Code and, in the discretion of the City Council, such amendments may be adopted by reference as provided in Section 50022.7 of the Government Code of the State of California, or such amendments may be adopted by an ordinance setting forth the entire text of such amendment. (Ord. 3373 § 4; December 10, 1974; Ord. 5774 § 1; July 25, 2001.)

This Code shall be known as the "Anaheim Municipal Code," and it shall be sufficient to refer to the Code as the "Anaheim Municipal Code" in any prosecution for the violation of any provisions thereof. It shall also be sufficient to designate any ordinance adding to, amending, or repealing, said Code, or portions thereof, as an addition or amendment to, or a repeal of, the "Anaheim Municipal Code," or a portion thereof. (Section 1100 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

This Code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the City of Anaheim, codified pursuant to Sections 50022.1 through 50022.8 of the Government Code. (Section 1101 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

This Code shall become effective on the date that the ordinance of the City Council adopting this Code by reference becomes effective.

Neither the adoption of this Code nor the repeal hereby of any 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 at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect.

The provisions of this Code, 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 1103 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

The provisions of this Code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within this Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code. (Section 1104 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

If any section, subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code. The City Council hereby declares that it would have adopted this Code and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. (Section 1105 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

.010 At least one copy of this Code shall be filed in the office of the City Clerk and made available for use and examination by the public.

.020 At least one copy of this Code, duly certified by the City Clerk, shall be permanently bound and maintained on file in his or her office. Additional copies of the Code shall be prepared and maintained in loose- leaf form and shall be mounted to withstand heavy usage in such binders and in such number as the City Clerk may prescribe. Additional copies of the Code may be prepared, maintained and kept current in electronic or any other lawful format as from time to time may be determined by the City Clerk. At least one copy of this Code shall be distributed or made available by electronic or other means to each department of the City, or as may otherwise be prescribed by the City Council.

(Section 1107 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952; Ord. 5774 § 2; July 24, 2001.)

Upon the adoption of any amendment or addition to said Code, or upon the repeal of any of its provisions, the City Clerk shall certify thereto and shall make an appropriate notation in the bound volumes of said Code of the taking of such action, noting thereon the number of the ordinances pursuant to which such action is taken. Duly certified copies of every ordinance making changes in such Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference. (Section 1108 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

.010 The City Clerk shall prepare copies of any amendments to the Code for insertion in the loose-leaf copies thereof and for distribution in accordance with the instructions of the City Council. Every section of the Code so changed shall have printed thereon a notation of the ordinance number pursuant to which such change is adopted.

.020 At least once yearly, the City Clerk shall cause the loose-leaf pages of said Code in which changes have been made to be reprinted, including the notation as to the ordinance number pursuant to which such change is adopted, in order that at least once yearly the loose-leaf copies of such Code may be brought up to date.

.030 The City Clerk shall cause any form of the Code maintained in electronic or other format to be periodically updated to reflect and incorporate any changes to the Code adopted after the date of the last such update. Such updates shall occur as often as reasonably practicable as determined by the City Clerk, but in no event less than once yearly.

(Section 1109 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952; Ord. 5774 § 3; July 24, 2001.)

Unless the provisions of the context otherwise require, these general provisions, rules of construction and definitions shall govern the construction of this Code. The provisions of this Code and all proceedings under it are to be construed with a view to effect its objects and to promote justice. (Section 1300 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Section 1301 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

This Code shall refer only to the omission or commission of acts within the territorial limits of the City and to that territory outside of the City over which the City has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property. (Section 1302 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission. (Section 1303 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

Whenever a power is granted to, or a duty is imposed upon a public officer, or employee, the power may be exercised, or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise. (Section 1304 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

“Writing” includes handwriting, typewriting, printing, electronic records, photostating, photographing, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents. (Section 1305 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952; Ord. 5774 § 4; July 24, 2001.)

Whenever a reference is made to any portion of this Code, or to any ordinance of this City, the reference applies to all amendments and additions now or hereafter made. (Section 1306 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public record of the City or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed upon mailing. (Section 1307 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by affidavit of any person over the age of eighteen years, which shows service in conformity with this Code, or other provisions of law applicable to the subject matter concerned. (Section 1308 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

The present tense includes the past and future tenses, and the future, the present. (Section 1309 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

The masculine gender includes the feminine and neuter. (Section 1310 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

The singular number includes the plural, and the plural, the singular. (Section 1311 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

"Shall" is mandatory and "may" is permissive.

"Shall" and "may" when referring to or imposing a duty upon any officer, agent, or employee of the City of Anaheim in that person's capacity as such officer, agent or employee shall be "directory" and shall create no rights, including any right to money or damages, in favor of any party or person other than the City of Anaheim. "Shall" in any regulation or order adopted or promulgated by any officer of the City of Anaheim when referring to or imposing a duty on an officer or employee of the City of Anaheim shall be directory and shall create no rights, including any right to money or damages, in favor of any party or person other than the City of Anaheim.

No officer or employee shall adopt or promulgate or be authorized to adopt or promulgate any regulation or order which creates any mandatory duty that creates any rights in favor of any party or person other than the City of Anaheim.

The City Council declares that this definition is declaratory of the intention of the present provisions and not a new enactment. (Section 1312 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952: Ord. 4634 § 1; July 30, 1985.)

Any reference in this Code to any State statute shall include and be deemed to refer to any successor state statute. (Ord. 5774 § 5; July 24, 2001.)

"Oath" includes affirmation. (Section 1313 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

"Person" includes any person, firm, association, organization, partnership, business trust, company or corporation. (Section 1314 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

"State" is the State of California. (Section 1315 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

"County" is the County of Orange. (Section 1316 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

"City" is the City of Anaheim. (Section 1317 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

The use of the title of any officer, employee, office or ordinance shall mean such officer, employee, office or ordinance of the City of Anaheim. (Section 1318 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952; Ord. 5774 § 6; July 24, 2001.)

"Council" is the City Council of this City. (Section 1319 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

"City Manager" means the appointing official of the City who occupies the position as the City Manager of the City. (Section 1320 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

PRESERVATION."

.010 The terms "Code Enforcement," "Code Enforcement Division," "Code Enforcement Manager," and "Code Enforcement Officer," as used anywhere in this Code, shall mean and refer to, respectively, "Community Preservation," "Community Preservation Division," "Community Preservation Manager," and "Community Preservation Officer."

.020 The purpose and intent of this section is to change the name of the Code Enforcement Division of the Planning Department, and any references thereto wheresoever contained, to the Community Preservation Division of the Planning Department. (Ord. 5959 § 1; March 8, 2005.)

"License Collector" as such term is used in this Code shall mean and refer to the person employed by the City of Anaheim and holding the job title of Revenue Manager, or any successor job title ascribed to the person performing the licensing functions of the City. (Ord. 5810 § 44; April 23, 2002.)

"Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State. (Section 1321 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

"Owner" applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, or joint tenant, of the whole or a part of such building or land. (Section 1322 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

"Tenant" or "Occupant" applied to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others. (Section 1323 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

"Sale" includes any sale, exchange, barter or offer for sale. (Section 1324 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

"Goods" includes wares or merchandise. (Section 1325 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

"Operate" includes carry on, keep, conduct or maintain. (Section 1326 of the Anaheim Municipal Code adopted by Ord. 803; July 22, 1952.)

Unless otherwise expressly provided herein, any person violating any of the provisions of or failing to comply with any of the mandatory requirements of this Code shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under this Code, where punishment is not otherwise provided for herein, shall be punished by a fine of not more than one thousand dollars or by imprisonment in the City or County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provisions of this Code is committed, continued or permitted by any such person and shall be punishable accordingly. (Ord. 3373 § 6; December 10, 1974; Ord. 4548 § 1; October 30, 1984.)

• Violation of City ordinance — See California Government Code §§ 36900, 36901 and 36903.

Fines to be paid into general fund — See California Government Code § 43400. See Charter §1501.

Pursuant to Section 1203.4 subdivision (C) of the California Penal Code, any person petitioning the Superior Court for a change of plea or to set aside a verdict pursuant to Section 1203.4 of the Penal Code of the State of California shall if ordered by the Superior Court reimburse the City the maximum amount permitted under Section 1203.4 of the Penal Code for the cost of the City's services in connection with such petition. (Ord. 4502 § 1; May 29, 1984; Ord. 5774 § 7; July 24, 2001.)

Upon the conviction of any person pursuant to Section 594 subsection (c)(2) of the California Penal Code for acts of vandalism, the court may, in addition to any other punishment imposed under subdivision (b) of that section, provided that the court determines that the defendant has the ability to pay any law enforcement costs not exceeding two hundred fifty dollars ($250), order the defendant to pay all or part of the costs not to exceed two hundred fifty dollars ($250) incurred by the law enforcement agency in identifying and apprehending the defendant. The law enforcement agency shall provide evidence of, and bear the burden of establishing the reasonable costs that it incurred in identifying and apprehending the defendant. Law enforcement costs authorized to be paid pursuant to this section are in addition to any other costs incurred or recovered by the law enforcement agency, and payment of these costs does not in any way limit, preclude or restrict any other right, remedy, or action otherwise available to the law enforcement agency. (Ord. 5732 § 1; June 13, 2000.)

INSPECTIONS AND REINSPECTIONS — FEES.

.010 The Community Preservation Manager and Community Preservation Officers shall have the duty and authority to enforce Titles 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of the Anaheim Municipal Code; Sections 17560 through 17568, and Sections 22435 through 22435.5 of the California Business and Professions Code; Sections 374.3, 594 and 594.1 of the California Penal Code; Sections 17920.3, 17926 and 13113.7 of the California Health and Safety Code; and Section 6404.5 of the California Labor Code; and are further authorized and directed, pursuant to Section 836.5 of the California Penal Code and Section 1.01.390 of the Anaheim Municipal Code, to investigate violations, to arrest persons, to prepare, issue and deliver to any such arrested person written notice to appear in court, and to release such person from custody, upon receiving his or her written promise to appear in court for any violation or violations of these provisions of the Anaheim Municipal Code and of State law.

.020 Nothing in this section is intended to or shall operate to change or shall have the effect of changing the status of the Community Preservation Manager, Community Preservation Officers, or other designated employees from public or miscellaneous employees of the City of Anaheim to an individual peace officer or safety member for purposes of retirement, Workers' Compensation or similar injury or death benefits, or any other employee benefits to which said officer or employee would not have been entitled to as a public employee prior to adoption of this section.

.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 inspection or reinspection 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 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.

.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.

.050 In order to facilitate the enforcement of the Anaheim Municipal Code and State law, Community Preservation Officers are authorized to ask persons who are violating provisions of the Code or State law for their identification card or other identifying information, as allowed by law.

.060 It shall be unlawful for any person to threaten, follow, intimidate, obstruct, or impede any Community Preservation Officer engaged in the performance of his or her respective duties, job description, and/or enforcement authority as provided in the Anaheim Municipal Code. Such person shall be guilty of a misdemeanor and, upon conviction thereof, unless provision is otherwise herein made by any other applicable State law, shall be subject to a fine of not more than $1,000.00 or by imprisonment in the County jail for a period of not more than six months, or by both fine and imprisonment.(Ord. 4458 § 2; November 1, 1983: Ord. 4895 § 1; January 26, 1988: Ord. 4963 § 1; September 27, 1988: Ord. 5392 § 1; September 21, 1993: Ord. 5478 § 1; February 14, 1995: Ord. 5774 § 8; July 24, 2001: Ord. 5925 § 1, 2; June 22, 2004: Ord. 5959 2; March 8, 2005: Ord. 5967 1; May 10, 2005: Ord. 6306 § 1; October 7, 2014: Ord. 6569 § 1; March 19, 2024.)

1.01.390 (Repealed by 5774, 7/24/01)

1.01.391 (Repealed by 5392, 9/21/93)

Any check or other negotiable instrument tendered to the City of Anaheim or any of its departments or divisions as payment for any debt or obligation due and owing to the City which check or instrument is returned due to insufficient funds or a stop payment order, or for any other reason dishonored by any paying bank or institution, shall require the drawer of such check or instrument to pay to the City of Anaheim a handling fee in such amount as established by resolution of the City Council. Such handling fee shall be deemed a debt owed to the City of Anaheim by the drawer of such check or instrument and payment thereof may be required by the City prior to the issuance of any license, permit or entitlement for which such check or instrument was tendered or may be collected by civil action commenced in the name of said City in any court of competent jurisdiction for the amount of such handling fee together with any other amounts, penalties or damages authorized by law. (Ord. 4816 § 1; April 7, 1987.)