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HomeMy WebLinkAboutORD87ORDINANCE NO.87 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING CHAPTER 13, ARTICLE 13-2, APACHE JUNCTION CITY CODE, AND ORDINANCE 38 OF THE APACHE JUNCTION CITY CODE, BY MODIFYING SECTION 13-2-3-C, PROVIDING FOR PENALTIES, PROVIDING FOR SEVERABILITY, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL SECTION 13-2-3 STREET IMPROVEMENTS C.Postponing Required Improvements. 1.The Director of Public Works may postpone the installation of the required offsite improvements for individual single family construction, prior to issuance of a building permit, provided that the applicant enters into an agreement to participate in an improvement district for the purpose of future street improvements. 2.For application other than for individual single family construction, the installation of the required off- site improvements may be postponed by the Director of Public Works provided the applicant enters into an agreement to participate in an improvement district for the purpose of future street improvements. Should the Director of Public Works deny a request for postponement of off -site improvements, the applicant may appeal the denial as follows: a.Applicant shall submit a written letter to the Depart- ment of Public Works, asking that the City Council review the decision. b.The Director of Public Works may refer the matter to the Development Coordination Committee for review and recommendation. c.The Director of Public Works and Development Co- ordination Committee shall submit recommendations to the City Council for action. SECTION II PENALTIES Any person found guilty of violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed $300. or imprisonment, for a period of not to exceed three months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinbefore described. SECTION III REPEAL OF CONFLICTING PROVISIONS Any ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the Code adopted herein by reference are hereby repealed. SECTION IV SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the Code adopted herein by reference 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 thereof. PASSED AND ADOPTED by the Mayor and Common Council of the City of Apache Junction, Arizona, this 4/41)day of `t?-762A._0491.1 1981. ATTEST: City rk APPROVED AS TO FORM: Mayor