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HomeMy WebLinkAboutORD608*See Ordinance No.609 -Reference number corrected on June 7,1988. ORDINANCE NO.608 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA;ESTABLISHING LOCATIONS FOR STOP SIGNS THROUGHOUT THE CITY OF APACHE JUNCTION,ARIZONA;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALITIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT: SECTION 1 IN GENERAL I t i s in the public interest to insure safe,effective and efficient traffic flow along public rights—of—way within the City of Apache Junction,Arizona and i t has been determined that traffic control devices are necessary for the public safety.Now,therefore be i t ordained that stop signs be designated at the following locations: Southbound on Belair Road at 4th Avenue, Northbound on Conestoga Road at Scenic Street, Southbound on Desert View Drive at Greasewood Street, Northbound on Grand Drive at Wingsong Street, Southbound on Grand Drive at Windsong Street, Northbound on Main Drive at Lost Dutchman Boulevard, Southbound on Main Drive at Windsong Street, Westbound on Mockingbird Street at Warner Drive, Northbound on Raindance Road at 20th Avenue, Westbound on Windsong Street at Main Street, Eastbound on Windsong Street at Ironwood Drive, Westbound on Windsong Street at Delaware Drive, Eastbound on 7th Avenue at Wickiup Road, Westbound on 7th Avenue at Vista Road, Eastbound on 18th Avenue at Wickiup Road, Eastbound on 20th Avenue at Wickiup Road. Furthermore,the Director of Public Works and the Director of Public Safety are hereby empowered and directed to initiate appropriate action to install and enforce said traffic control devices. SECTION II REPEALING ANY 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in conflict with the provisions of this ordinance,or any part of the code adopted herein by reference, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,phrase,clause ordinance,or any part of the code adopted herein by any reason held to be invalid or unconstitutional by court of competent jurisdiction,such decision shall validity of the remaining portions thereof. or portion of this reference,is for the decision of any not affect the Ordinance No.608 Page 1 of 2 SECTION IV PENALTY CLAUSE Any person found guilty of any violation of or failure or refusal to do or perform any act required by Chapter 12 of this code constitutes a civil traffic violation.Civil traffic violations are subject to the provisions of Title 28,Chapter 6,Article 20 and 21,Arizona Revised Statute,and amendments thereof. SECTION V EMERGENCY CLAUSE I t i s necessary for the preservation of the peace,health and safety of the City of Apache Junction,Arizona,that this ordinance become effective immediately,an emergency i s hereby declared to exist and this ordinance shall be effective immediately upon passage and adoption. PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction,Arizona,this 1st day of March ,1988. SIGNED AND ATTESTED TO THIS 14TH DAY OF MARCH ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Norman S.Hill Mayor ,1988. by Kenneth Bluntschly Acting Mayor Ordinance No.608 Page 2 of 2 ORDINANCE NO.608 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,REPEALING ARTICLE 9-2 OF THE CODE OF THE CITY OF APACHE JUNCTION,REMOVAL OF LITTER AND ENACTING ARTICLE 9-2 OF THE CODE OF THE CITY OF APACHE JUNCTION,ACCUMULATIONS OF LITTER PROHIBITED,REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ARTICLE 9-2 OF THE CITY CODE OF THE CITY OF APACHE JUNCTION READ AS FOLLOWS: SECTION I Article 9-2 ACCUMULATIONS OF LITTER PROHIBITED Section 9-2-1 Definitions For the purposes of this Chapter,the following terms,phrases and words and their derivations,shall have the meaning given herein when not inconsistent with the context;words used i n the plural number include the'singular number,and words used i n the singular number include the plural number.The word "shall"i s always mandatory and not merely directory. GARBAGE: LITTER: Putrescrible animal and vegetable waste resulting from the handling, preparation,cooking and consumption of food. The word "litter"shall mean "garbage", "refuse"and "rubbish"as defined herein,and all other waste materials which,i f thrown or deposited as herein prohibited,tends to create a danger to the public health, safety and welfare. PRIVATE PREMISES:Any dwelling,house,building or other structure,designed or used either wholly or in part for private residential purposes,whether inhabited or temporarily or continu- ously uninhabited or vacant,and shall include any yard,grounds,walk, driveway,porch,steps or vestibules belonging or appurtenant to such dwelling,house,building or other structures. PUBLIC PLACE: REFUSE: RUBBISH: Any and all streets,sidewalks, boulevards,alleys or other public ways,and any and all public parks, squares,spaces,grounds and buildings. All putrescible and nonputrescible solid wastes (except body wastes) including garbage,rubbish,ashes, street cleanings,dead animals, abandoned automobiles and solid market and industrial waste,and concrete and used bricks. Nonputrescible solid wastes consisting of both combustible and noncumbustible wastes such as paper,wrappings, cigarettes,cardboard,tin cans,yard clippings,leaves,wood,glass,bedding, crockery,weeds or other accumulation of filth or debris. Section 9-2-2 Litter on Private or Public Property A.No person shall throw or deposit litter on any occupied or unoccupied private or public property within the City,whether owned by such person or not,except that the owner or person in control of private property may maintain authorized private receptacles for collection i n such a manner that litter will be prevented from being carried or deposited by the elements upon any public place. B.I t i s unlawful for any person to place any litter,rubbish,trash, filth or debris upon any private or public _property not owned or under the control of said person.In addition to any fine which may be imposed for violation of any provision of this section, such person,shall be liable for all costs which may be assessed pursuantMthis article for the removal of said rubbish,trash, filth or debris. Section 9-2-3 Truckloads Causing Litter No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load,contents or litter from being blown or deposited upon any street,alley or other public place.Norlshall any person drive or move any vehicle or truck within the City,the wheels or tires or which carry onto or deposit in any street,alley or other public place,mud, dirt,sticky substances,litter or foreign matter of any kind. ORDINANCE NO.608 PAGE TWO Section 9-2-4 Unattended Containers No person shall place,display or maintain any unattended container for soliciting deposit of recyclable materials or donated items in any exterior location within the City limits,except in conformance with all or the following provisions: A.Such unattended containers may be located only within the parking lot of private property lawfully zoned,developed and used for commercial or industrial purposes or at schools,churches or charitable organizations which have similar parking facilities. B.Such unattended containers may be located only with the permission of the property owner,his agent,or the person i n possession of the property,and the container owner's name and current telephone number shall be displayed thereon i n a conspicuous location. C.The owner of such unattended container and the property owner shall jointly or severally maintain all exterior areas within twenty-five (25')feet of the container free from litter. Section 9-2-5 Owner to Maintain Premises The owner or person i n control of any private property shall at all times maintain the premises free from litter;provided,however,that this Section shall not prohibit the storage of litter i n authorized private receptacles for collection.For purposes of this Section, either a tenant or a manager may be considered a "person i n control" depending upon the type of private property involved in the litter violation. Section 9-2-6 Procedure to Compel Removal of Litter The City Manager shall enforce the provisions of Sections 9-2-1 through 9-2-5 hereby prosecuting violators of said Sections i n the Apache Junction City Court pursuant to the criminal provisions of the Apache Junction City Code.I f such prosecution fails to secure compliance with the provisions of said Section,or in the event of inability to prosecute violators by reason of failure to secure jurisdiction over their persons,the City Manager shall compel the removal of litter by the procedure outlined i n Sections 9-2-7 through 9-2-11. Section 9-2-7 Notice to Remove To compel the removal of litter through the provisions of this Section and of Sections 9-2-8 through 9-2-11 hereof,i f a person owning or controlling any property fails,neglects or refuses to remove or properly dispose of litter located on property owned or controlled by such person,he shall be given written notice by the City Manager to remove all litter from such property within thirty (30)days from ORDINANCE NO.608 PAGE THREE the date the notice was received by him,and prior to the date of compliance on the notice.Such notice shall be received not less than thirty (30;) days before the date set thereon for compliance,and shall contain an estimate of removal by the City,a statement that unless the person owning or controlling such property complies therewith within thirty (30)days from the date such written notice i s received that the City will,at the expense of the person owning or controlling said property,perform the necessary work at a cost not to exceed the estimate given in the notice,and that such person may appeal i n writing to the Council within thirty (30)days from the date the notice i s received by him and prior to the date of compliance. Section 9-2-8 Service of Notice Notice shall be personally served on the owner or person controlling such property,by a police officer of the City in the manner provided i n Rule 4 (d)of the Arizona Rules of Civil Procedure,or mailed to the owner or person controlling such property at his last known address by certified or registered mail,or the address to which the tax bill for the property was last mailed.I f the owner does not reside on such property,a duplicate notice shall also be sent to him by certified or registered mail at his last known address. Section 9-2-9 Appeal To Council Prior to the date set for compliance of the notice,the owner or person controlling such property may appeal i n writing to the Council from the demand of the City Manager.The Council shall,at its next regular meeting after receiving the appeal,hear and determine the same and the decision of the Council shall be final.The Council may either affirm or reverse the decision of the City Manager or modify the scope of the work as requied in the notice. Section 9-2-10 Removal By City When any such person to whom notice,as aforesaid,has been given, and on or before the date of compliance on the notice,or within such further time as may have been granted by the Council on appeal,fails, neglects,or refuses to move from such property any or all litter,the City Manager is authorized and directed to cause same to be removed and disposed of at the expense of the owner or person controlling such property.Upon completion of the work,the City Manager shall prepare a verified statement of account of the actual cost of such removal or abatement,the date the work was completed,and the street address and the legal description of the property on which said work was done, including five per cent (5%)for additional inspection and other incidental costs i n connection therewith,and shall serve a duplicate copy of such verified statement upon the person owning or controlling such property i n the manner prescribed in Section 9-2-8 hereof.The owner or person controlling such property shall have thirty (30)days from the date of service upon him to appeal in writing to the Council from the amount of the assessment as contained in the verified statement. ORDINANCE NO.608 PAGE FOUR I f an appeal is not filed with the Clerk within such thirty (30) day period,then the amount of the assessment as determined by the City Manager shall become final and binding.I f an appeal i s taken, the Council shall,at its next regular meeting,hear and determine the appeal and may affirm the amount of the assessment,modify the amount thereof,or determine that no assessment at all shall be made. The decision of the Council shall be final and binding on all persons. Section 9-2-11 Lien For Removal I f no appeal i s taken from the amount of the assessment,or i f an appeal i s taken and the Council has affirmed or modified the amount of the assessment,the original assessment or the assessment as so modified shall be recorded in the office of the County Recorder of Pinal or Maricopa County,Arizona,and from the date of its recording, shall be a lien on said lot or tract of land and the several amounts assessed against such lot or tract of land until paid.Such liens shall be subject and inferior to the lien for general taxes and to all prior recorded mortgage and encumbrances of record.A sale of the property to satisfy a lien obtained under the provisions of this Section shall be made upon judgment of foreclosure or order of sale. The City shall have the right to bring an action to enforce the lien i n the; Superior Court of Pinal or Maricopa County at any time after the recording of the assessment,but failure to enforce the lien by such action shall not affect its validity.The recorded assessment shall be prima facie evidence of the truth of all matters recited therein,and of the regularity of all proceedings prior to the recording thereof.A prior assessment for the purposes provided in this Section shall not be a bar to a subsequent assessment or assess- ments for such -purposes,and any number of liens on the same lot or tract of land may be enforced in the same action. Section 9-2-12 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 not to exceed one thousand dollars (1,000.00)or by imprisonment for a period of not to exceed six (6)months or by both such fine and imprisonment.Each day that a violation continues shall be a separate offense punishable as hereinabove described.Upon conviction of a first offense of this Ordinance,fine shall be not less than two hundred fifty dollars ($250.00).Upon conviction of a second offense of this Ordinance,fine shall be not less than five hundred dollars ($500.00). Section 9-2-13 Construction Sites A.In addition to all other requirements of this Code,i t shall be a condition for the continuation of a building permit that a litter receptacle be provided,on site,for all buildings or structures of Group A,6,E,H,I ,and R,Division 1 occupancies.Said litter receptacle shall be of such design as to insure that all materials deposited therein will not be blown out during heavy winds,and shall be of a type approved by the building official.The building ORDINANCE NO.608 PAGE FIVE official may require that a litter receptacle be provided at other construction sites,i f such construction results i n litter accumulations on either the construction site or neighboring property. B.The building official may issue a stop work order for any building or structure i f said litter receptacle,when required,i s not provided at the inception of the framing stage of construction. Section 9-2-14 Inspection Approval A.In addition to all other requirements of this Code,i t shall be a condition of inspection approval for all buildings or structures under construction that the construction site be free of all litter. B.The building official may issue a stop work order when inspection reveals that any construction site i s not being maintained free of litter. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinancesand parts of ordinances i n conflict with the provisions of this ordinance adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,sub -section,sentence,phrase,clause or portion of this ordinance adopted herein by reference i s 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 portion thereof. SECTION IV PROVIDING FOR PENALTIES Any person found guilty of violating the provisions of this code shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to exceed one -thousand dollars or by imprisonment of a period not to exceed six months or by both such fine and imprisonment.Each day that a violation continues shall be a separate offense punishable as herein above described. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 19TH DAY OF JANUARY ,1988. SIGNED AND ATTESTED TO THIS 22ND DAY OF JANUARY ORDINANCE NO.608 PAGE SIX by Kenneth Bluntschly Acting Mayor ,1988. • ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: DAIDNEr .ArEXANbE City Attorney ORDINANCE NO.608 PAGE SEVEN •