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HomeMy WebLinkAboutORD693ORDINANCE NO.693 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 3,ADMINISTRATION,ARTICLE 3-5,DEPARTMENT OF PUBLIC WORKS,ARTICLE 3-9,DEPARTMENT OF PLANNING,AND ARTICLE 3-12,DEPARTMENT OF ENGINEERING;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code,Chapter 3,Administration,be amended to read as follows: Article 3-5 Department of Public Works 3-5-1 Department Established 3-5-2 Divisions of Department 3-5-3 Powers and Duties 3-5-4 Division of Operations 3-5-5 Assignment and Custody of Physical Properties 3-5-6 Advice and Assistance Section 3-5-1 Department Established There is hereby created the Department of Public Works,an executive department of the City.I t shall consist of the Director of Public Works who shall be the head of the department and all officers and employees assigned thereto.All such officers and employees shall perform their duties subject to the super- vision of the Director,who shall operate solely under the guidance and direc- tion of,and report directly to,the Manager.The Director of Public Works shall supervise the department in accordance with the applicable personnel ordi- nances and Article 3-10 of this code and shall exercise such powers and perform such duties as are customarily conferred and required by this code,applicable ordinance,resolution,or lawful directive.The position of Director of Public Works is hereby declared as classified service and shall be appointed and removed by the Manager subject to ratification of the Council;and shall serve and receive such compensation as shall be determined in accordance with the applicable personnel ordinance. Section 3-5-2 Divisions Within the Department There are hereby created within the department of Public Works,the division of Public Works Operations.Division superintendents and section heads shall be appointed and removed by the Director of Public Works subject to the ratifica- tion of the Manager and provisions of Article 3-10 of this code as i t now exists or may be hereafter amended. ORDINANCE 693 PAGE 1 Section 3-5-3 Powers and Duties In addition to those duties set forth in Section 3-5-4 and 3-5-5,the Department of Public Works shall have charge of and supervision over the care,maintenance and construction of all streets,sidewalks,alleys and public ways;the construction,operation,and maintenance of all storm water and sanitary sewers and all street gutters,drains,drainageways,wastewater treatment,improvement districts,easements and the appurtenances thereto;and care,maintenance,and construction of all public buildings;the operation,maintenance,and construc- tion of all other public works projects and improvements within the jurisdiction of the City.The Department of Public Works may also be responsible for carrying out the construction of all streets,sidewalks,alleys,public ways, sanitary sewers,street gutters,drains,drainageways,wastewater treatment, improvement district easements and appurtenances thereto in conjunction with the Department of Engineering. Section 3-5-4 Division of Public Works Operations There is hereby created the Divison of Public Works Operations.I t shall con- sist of the Superintendent of Operations who shall be the head of the division and all officers and employees assigned thereto.All such officers and employees shall perform their duties subject to the supervision of the Superintendent who shall operate solely under the guidance and direction of and report directly to the Director of Public Works.The Superintendent of Operations shall supervise his department in accordance with the applicable per- sonnel ordinances and shall exercise such powers and perform such duties as are required by this code,applicable ordinances,resolutions,or lawful directives. A.Duties:I t shall be the duty of the Public Works Operations Superintendent to evaluate the condition of City streets,to main- tain records regarding the repair and maintenance of City streets, to supervise those workers engaged in the repair,maintenance,and construction of streets,buildings,grounds,and City vehicles;to assist or make the final walk-through on all off -site construction and utility construction before the recommendation for City accep- tance;to coordinate barricading for special events or emergencies with law enforcement officials;and to make routine checks on City streets,buildings,grounds,and vehicles to insure that they are in good repair and safe for public use. Section 3-5-5 Assignment and Custody of Physical Properties All physical properties of the City,including the wastewater treatment system and municipal utilities and those not assigned to some other department or officer,shall be assigned to the Department of Public Works.The Department of Public Works shall be the custodian of all tools,equipment and other personal property assigned to the Department of Public Works. Section 3-5-6 Advice and Assistance The Department of Public Works shall provide technical and operational advice and assistance to,and cooperate with,all other departments,boards,com- missions,offices or other official entities of the City. ORDINANCE 693 PAGE 2 Article 3-9 Department of Development Services 3-9-1 Department Established 3-9-2 Divisions of Department 3-9-3 Powers and Duties 3-9-4 Division of Building Inspection and Zoning Compliance 3-9-5 Division of Planning 3-9-6 Division of Economic Development 3-9-7 Division of Housing Rehabilitation and Grants Section 3-9-1 Department Established A.There is hereby created the Department of Development Services,an executive department of the City.I t shall consist of the Director of Development Services who shall be the head of the department,and all officers and employees assigned thereto.All such officers and employees shall perform their duties subject to the supervision of the Director who shall operate solely under the guidance and direction of and report directly to the Manager. B.The Director of Development Services shall supervise the department in accordance with the applicable personnel ordinances and Article 3-10 of the code and shall exercise such powers and perform such duties as are customarily conferred and required by this Code,applicable ordi- nance,resolution,or lawful directive.The position of the Director of Development Services is hereby declared as classified service,and shall be appointed and removed by the Manager subject to ratification by the City Council Section 3-9-2 Divisions Within the Department There are hereby created within the Department of Development Services the divisions of Building Inspection/Zoning Compliance,Planning,Economic Development,and Housing Rehabilitation and Grants.Division superinten- dents and section heads shall be appointed and removed by the Director of Development Services subject to the ratification of the Manager and provi- sions of Article 3-10 of this code as i t now exists or may be hereafter amended. Section 3-9-3 Powers and Duties The Director of Development Services shall: A.Supervise the preparation and/or the updating of the Apache Junction General Plan,specific plans,and such other plans and studies as are necessary and appropriate.The Apache Junction General Plan,specific plans,and such other plans and studies as are necessary and appropriate shall be prepared in accordance with the provisions of A.R.S.Title 9,Chapter 4,Article 6 and Chapter 11 of this code. B.Act as chairman of the subdivision committee in accordance with the provisions of applicable provisions of the City Code and other ordi- nances. ORDINANCE 693 PAGE 3 C.Act as executive secretary to the Board of Adjustment,and Planning and Zoning Commission,assisted by the Planning Division. D.Review and submit written comments to the Zoning Administrator, Planning and Zoning Commission,and to the Council upon all proposals to amend the zoning ordinance,subdivision ordinance,official map, and standard ordinances. E.At the time provided by law and rules of the Mayor and Council for submission of the annual budget estimates,the Director of Development Services shall submit an itemized estimate of the contemplated expen- ditures for the ensuing year showing the amount proposed to be expended. Section 3-9-4 Division of Building Inspection and Zoning Compliance There is hereby created the Division of Building Inspection and Zoning Compliance.I t shall consist of the Superintendent of Building Inspection/Zoning Administrator who shall be head of the division and all offi- cers and employees assigned thereto. A.Duties:I t shall be the duty of the Superintendent of Building Inspection to see the enforcement of all ordinance and code provisions relating to buildings or zoning,and to inspect all buildings or structures being erected or altered,as frequently as may be necessary to insure compliance. B.Ex Officio Inspector:The Superintendent of Building Inspection shall act as ex officio building inspector and shall have all the powers and perform all the duties connected with that office and shall enforce all provisions of the uniform code,now existing or hereafter amended. C.Stop Order:The Superintendent of Building Inspection shall have the power to order all work stopped on construction or alteration or repair of buildings in the City when such work is being done in viola- tion of any provision of and code provision or ordinance relating thereto,or in violation of the zoning ordinance.Work shall not be resumed after the issuance of such an order except on the written per- mission of the inspector,provided,that i f the stop order is an oral one i t shall be followed by a written stop order within an hour.Such written stop order may be served by any inspector. D.Entry Powers:The Superintendent of Building Inspection shall have the power to make or cause to be made an entry into any building or premises where the work of altering,repairing,or constructing any building or structure is going on,for the purpose of making inspec- tions,at any reasonable hour. E.Subordinate Positions Within the Division of Building Inspection 1.Office of Inspection:There is hereby created within the Division of Building Inspection an inspection office having subordinate thereto a Plans Check Section.Office heads and section heads ORDINANCE 693 PAGE 4 shall be appointed and removed by the Superintendent of Building Inspection subject to the ratification of the Director of Development Services and the provisions of Article 3-9 of this code as i t now exists or may be hereafter amended. F.The Zoning Administrator shall be responsible for the supervision of applicable personnel and for the enforcement of the provisions of the Apache Junction Zoning Ordinance. Section 3-9-5 Division of Planning A.There is hereby created within the Department of Development Services the Division of Planning. 1.Power and Duties The Division of Planning shall be responsible for: a)Assist the executive secretary for the Apache Junction Planning and Zoning Commission and be solely responsible for the paper- work necessary for the efficient functioning of said body.In this capacity the division shall: 1)Accept for placement on the commission agenda,development site plans prepared in accordance with the provisions of the City zoning ordinance and the City subdivision regula- tions,which have been received and reviewed by the Zoning Administrator. 2)Accept for placement on the commission agenda,zoning amendments prepared in accordance with the provisions of the City zoning ordinance and the City subdivision regula- tions,which have been received and reviewed by the Zoning Administrator. 3)Accept for placement on the Commission agenda,such other items as are appropriate for consideration by the Commission. 4)Receive,review,and process pre -application,preliminary and final subdivision plats in accordance with the provi- sions of the City Code and other applicable ordinances. 5)Prepare the notice of public hearing,where appropriate, for publication by the City Clerk,prepare the commission agenda,prepare commission recommendations,record the minutes,maintain the record,and notify the applicant of the commission's decision or recommendation. 6)Present the City position on the above items to the Commission. ORDINANCE 693 PAGE 5 7)Receive,review,and process development site plans pre- pared in accordance with the provisions of the Apache Junction zoning ordinance and the Apache Junction sub- division regulations.Upon completion of the necessary processing,the Zoning Administrator shall submit the site plan to the executive secretary of the Planning and Zoning Commission for placement on the Commission agenda. 8)Receive,review,and process amendments to the Apache Junction Zoning Ordinance.Upon completion of the necessary review and processing,the Zoning Administrator shall submit the amendment and the City recommendation to the executive secretary of the Planning and Zoning Commission for placement on the commission agenda. b)Act as the designated agent for the Commission in accordance with the provision of the City Code and other applicable ordi- nances. c)Assist the executive secretary to the Board of Adjustment and be solely responsible for the paperwork necessary for the efficient functioning of said body.In this capacity,the division shall: I)Accept for placement on the board agenda petitions for variance,special exception,appeal or interpretation; prepared in accordance with the provisions of the Apache Junction zoning ordinance,applicable which have been received and reviewed by the Zoning Administrator. 2)Present the City position on the above items,which have been prepared by the Zoning Administrator to the board. 3)Prepare the notice of public hearing where appropriate for publication by the City Clerk,record the minutes,prepare the findings of fact,maintain the record,and notify the applicant of the board's decision. 4)Receive,review,and process petitions for a variance, special exception,appeal,or interpretation to be con- sidered by the Board of Adjustment.Upon completion of the necessary processing,the Zoning Administrator shall submit the petition for a variance,special exception, appeal,or interpretation with the City recommendation to the executive secretary of the Board of Adjustment for placement on the board agenda. d)Accept for placement on the subdivision committee agenda, development site plans prepared in accordance with the provi- sions of ,the applicable provisions of the City subdivision regulations which have been received and reviewed by the Zoning Administrator. ORDINANCE 693 PAGE 6 1)Accept for placement on the subdivision committee agenda, zoning amendments prepared in accordance with the provi- sions of applicable provisions of the City Code and other applicable ordinances which have been reviewed by the zoning administrator. 2)Accept for placement on the subdivision committee agenda, such other items as are appropriate for consideration by the committee. 3)Present the City position on the above items to the com- mittee. 4)Prepare the subdivision committee agenda,prepare commit- tee recommendations,record the minutes,maintain the record and notify the applicant of the committee's deci- sion or recomendation. e)Maintain the appropriate records and reports and make recom- mendations to the Director of Development Services and the City Council regarding long range planning for the City. Section 3-9-6 Office of Economic Development (Economic Development Function) A.There is hereby created within the Department of Development Services the Office of Economic Development which shall consist of the Economic Development Specialist and additional personnel assigned thereto. 1.Power and Duties The Office of Economic Development shall be responsible for: a)Planning,organizing,directing,and coordinating the Economic Development program of the City in conjunction with the Director of Development Services. b)Promoting industrial,business,and community development. c)Develop and implement programs designed to promote Apache Junction as a location for tourism,industry,business, retirement,and recreation. d)Develop projects to assist community growth. e)Function as a liaison between other divisions of Development Services,other city departments and prospective clients. Section 3-9-7 Office of Housing Rehabilitation and Grants (Housing Rehabilitation and Grants Function) A.There is hereby created within the Department of Development Services the Office of Housing Rehabilitation and Grants which shall consist of ORDINANCE 693 PAGE 7 the Housing and Grants Specialist and additional personnel assigned thereto. 1.The Office of Housing Rehabilitation and Grants shall be respon- sible for: a)Performing specialized office and field work providing housing and housing rehabilitation services to residents in conjunc- tion with the Development Services Director. b)Functioning as the City's grants resource person. c)Determining grant availability,applying for,and administering same. d)Managing grants and housing projects and working with the appropriate specialists and technical personnel involved in the housing rehabilitation process. Article 3-12 Department of Engineering 3-12-1 Department Established 3-12-2 Divisions of Department 3-12-3 Powers and Duties Section 3-12-1 Department Established There is hereby created the Department of Engineering,an executive department of the City.I t shall consist of the City Engineer who shall be the Director of the Department and all officers and employees assigned thereto.All such offi- cers and employees shall perform their duties subject to the supervision of the Director,who shall operate solely under the guidance and direction of and report directly to the Manager.The City Engineer shall supervise his depart- ment in accordance with the applicable personnel ordinances and Article 3-10 of this code and shall exercise such powers and perform such duties as are custo- marily conferred and required by this code,applicable ordinance,resolution,or lawful directive.The position of the City Engineer is hereby declared as classified service and shall be appointed and removed by the Manager subject to ratification of the Council;and shall serve and receive such compensation as shall be determined in accordance with the applicable personnel ordinance. Section 3-12-2 Divisions of Department (Reserved for future use) Section 3-12-3 Powers and Duties The City Department of Engineering shall be responsible for the design,plan review,and inspection of all City streets,sidewalks,alleys,and public ways; the design,plan review,and inspection of all storm water and sanitary sewers, and all street gutters,drains,drainageways,wastewater treatment,improvement districts,easements and the appurtenances thereto.The Department of Engineering may also be responsible for coordinating with and working in con- junction with the Department of Public Works in any of the aforementioned areas. ORDINANCE 693 PAGE 8 SECTION I I REPEALING CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance,or any part of the Code adopted herein by reference,is hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f 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 any court of competent juris- diction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 7TH DAY OF NOVEMBER ,1989. SIGNED AND ATTESTED TO THIS 8TH DAY OF JANUARY ,1989.90 KE ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: —1 8 14 1 ('ffDAAXA City Attorney NETH BLUNTSC ORDINANCE 693693 PAGE 9