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The City Clerk shall mail each city candidate with a copy of the Anaheim Campaign Reform Law, as Amended, at such time as the City Clerk receives the Candidate Intention Statement declaring the city candidate’s intention to seek a city office. (Ord. 6197 § 13; November 16, 2010.)
.010 No Criminal Penalties. Notwithstanding any other provision of the Anaheim Municipal Code, including without limitation the provisions of Section 1.01.370 of said Code, any violation of any provision of this chapter shall be enforceable solely as provided in this section.
.020 Civil Liability. Any person who violates or otherwise fails to comply with any provision or requirement of this chapter shall be liable to the City of Anaheim in a sum not to exceed the following amount for each such violation:
.0201 For the making or accepting of any contribution in excess of the applicable contribution limits specified in this chapter and which have not been returned pursuant to Section 1.09.122, a sum equal to three (3) times the amount by which the contribution exceeds the applicable contribution limit, or the sum of twenty-five hundred dollars ($2,500), whichever is greater, for each violation.
.0202 For any other violation of this chapter, the sum of five hundred dollars ($500) for each violation; provided, however, that the maximum fine for each violation of any provision of Section 1.09.121 of this chapter shall be the sum of one hundred dollars ($100) per day up to a total of five hundred dollars ($500).
.030 Debt Owing to City. Any amount due from any person pursuant to subsection .020 above shall be a debt due and owing upon demand to the General Fund of the City of Anaheim.
.040 Civil Action to Collect Debt and Obtain Other Relief. The City Attorney of the City of Anaheim may file and prosecute a civil action, in municipal or superior court, to recover any amount(s) due and owing to the City of Anaheim by any person pursuant to this section, or to enjoin any violation or otherwise compel compliance with the requirements of this chapter. In the event of any civil action within the jurisdiction amount of the small claims court, the City Council may designate the person to bring such action.
.050 Limitation of Actions. No civil action shall be brought under the provisions of this section unless said action is filed within two (2) years following the date of such violation.
.060 Reliance Upon Advice. The City Attorney shall have the authority to make interpretations of the provisions of this chapter. Good faith reliance upon the written advice provided to any person by the City Attorney concerning any provision of this chapter shall be a complete defense to any civil action which otherwise could be maintained under this chapter.
.070 Remedial Measures. If the City Attorney determines or believes that any person (the “target party”) has violated any provision of this chapter, the City Attorney may, at his or her sole discretion, advise the target party of remedial measures which may be taken by the target party to avoid possible civil action (the “remedial measures”). Such remedial measures may, but need not necessarily, include the payment of a civil fine to the City. Nothing contained herein shall be deemed to require the City Attorney to offer remedial measures to any target party. In the event the target party is offered and timely performs such remedial measures to the satisfaction of the City Attorney, the City Attorney shall advise the target party (and any person who, in writing, informed or complained to the City Attorney concerning any such violation), in writing, that the alleged violation has been resolved and the manner in which it was resolved (the “letter of resolution”) and, in such event, no civil action shall thereafter be filed or maintained relating to such alleged violation of this chapter.
.080 City Attorney Designee. The term “City Attorney,” as used in this chapter, shall include any person designated by the City Attorney or the City Council to act on his or her behalf due to a conflict of interest or for any other reason. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003: Ord. 6197 § 14; November 16, 2010.)
.010 No contribution to a city candidate or controlled committee of such city candidate shall be made, directly or indirectly, by any person in a name other than the name by which such person is identified for legal purposes.
.020 Any candidate or committee that receives a contribution in violation of subsection .010 above shall pay to the General Fund of the City of Anaheim the amount of the contribution. Payment to the City’s General Fund shall be made within sixty (60) days of notification by the City Clerk to the candidate or committee of the violation of subsection.010. (Ord. 6197 § 15; November 16, 2010.)
Nothing in this chapter shall exempt any person from applicable provisions of any other laws of this state or jurisdiction, or be interpreted in a manner which would restrict or conflict with the power of the City Council to control all legal business and proceedings of the City pursuant to Section 703 of the Anaheim City Charter. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003.)
If any provision of this chapter, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this chapter to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this extent the provisions of this chapter are severable. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003.)