HomeMy WebLinkAboutORD1467ORDINANCE NO. 1467
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,ADOPTING BY REFERENCE THAT
CERTAIN DOCUMENT ENTITLED "2018 AMENDMENTS TO APACHE
JUNCTION CITY CODE,VOLUME I,CHAPTER 9,HEALTH AND
SANITATION";REPEALING ANY CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR PENALTIES.
WHEREAS, Apache Junction City Code, Vol. I, Chapter 9,Health
and Sanitation,contains outdated property maintenance regulations
which were last amended on January 3, 2006 by Ordinance No. 1255;
and
WHEREAS,the city may under Arizona Revised Statutes
("A.R.S.")§9-500.21 classify certain property maintenance
violations as civil matters rather than criminal matters; and
WHEREAS,the city may also civilly abate conditions which
constitute public nuisances; and
WHEREAS, A.R.S. §§ 9-240 (B)(21), 9-276(16) &(19) and 9-499
authorize cities and towns to define and abate public nuisances,
and to impose fines upon persons creating or continuing such public
nuisances; and
WHEREAS,over the last six months city staff initiated a
redrafting effort of its property maintenance definitions, public
nuisances, enforcement and abatement, cargo containers, solid waste
collection and penalties; and
WHEREAS,on January 17,2017,the mayor and city
council directed staff to proceed with recommended revisions; and
WHEREAS,on November 5,2018 and November 19,2018,staff
presented the proposed changes to the mayor and city council at a
work session and December 4, 2018, at a public hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
That certain document known as "2018 Amendments to Apache Junction
City Code,Vol.I,Chapter 9:Health and Sanitation",one paper
copy and one electronic copy which are accessible on the City's
website and filed in the office of the city clerk, which document
was made a public record by Resolution No.18-35 of the City of
ORDINANCE NO. 1467
PAGE 1 OF 3
Apache Junction,is hereby referred to,adopted and made a part
hereof as if fully set out in this ordinance, pursuant to A.R.S. §
9-802.
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 codes adopted
herein by reference are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion of
this ordinance or any part of the codes or regulations 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.
SECTION IV EFFECTIVE DATE
A?rib
The provisions of this ordinance shall be effective beginning awry
1, 2019.
SECTION V PROVIDING FOR PENALTIES
Unless noted otherwise,any violation of any provisions adopted
herein,shall be punishable as a class 1 misdemeanor consistent
with Apache Junction City Code,Volume 1,Chapter 1:GENERAL,
Article 1-8:PENALTY.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS -5/DAY OF:Dip(vo)tic , 2018.
SIGNED AND ATTESTED TO THIS
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
455V-.(1.2G•19,
R. Joel STERN
City Attorney
ORDINANCE NO. 1467
PAGE 2 OF 27
DAY OF , 2018.
Article
Apache Junction, AZ Code of Ordinances
9-1. PROPERTY MAINTENANCE STANDARDS
9-2. REFUSE, GARBAGE, DEBRIS, TRASH AND LITTER REMOVAL
9-3. CONSTRUCTION SITES
9-4. PRIVATE RECYCLING CONTAINERS
9-5. COLLECTION OF RESIDENTIAL SOLID WASTE
9-6. COLLECTION OF COMMERCIAL SOLID WASTE
ARTICLE 9-1:PROPERTY MAINTENANCE STANDARDS
Section
9-1-1 Findings, application and intent
9-1-2 Definitions
9-1-3 Public nuisances prohibited
9-1-4 Enforcement and abatement
§ 9-1-1 FINDINGS, APPLICATION AND INTENT.
(A) The purpose of this article is to protect the public health, safety, and welfare by
establishing minimum standards governing the maintenance, appearance, condition and
occupancy of residential and nonresidential premises; to establish minimum standards governing
structures and other physical components and conditions essential to make structures fit for
human habitation, occupancy and use; to identify certain responsibilities and duties of owners,
occupants and operators; to authorize and establish enforcement and abatement procedures, to set
penalties for the violations of this code; and to provide for the repair, demolition, or vacation of
premises unfit for human habitation, or occupancy or use.
(B) This article, adopted under the authority of A.R.S. § 9-240 (B)(21), § 9-276 (16) and (19)
and § 9-499, shall apply to all buildings, structures and lands within the city without regard to the
use, date of construction, improvement or alteration.
(C)Conflict of ordinances.
(1)In any case where a provision of this chapter is found to be in conflict with a provision of
any city zoning, building, fire, safety, or health ordinance or code existing on the effective date
of this chapter, the provision of the city zoning, building, fire, safety, or health ordinance or code
shall prevail.
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(2) Nothing in this chapter shall be construed to repeal, abrogate, annul, or in any way impair
or interfere with existing provisions of other laws or ordinances, except those specifically
repealed by this chapter.
§ 9-1-2 DEFINITIONS.
For the purpose of this article, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ABANDONED VEHICLE.A vehicle, motorhome, trailer or semi -trailer that is of a type
subject to registration in the state, whether lost, stolen or otherwise unclaimed and that has been
left unattended on a public highway, public property or private property. Evidence that a vehicle
was left unattended for a period of 48 hours within the right-of-way of any highway, road, street
or other public thoroughfare, or for a period of 72 hours on other public property or on private
property, is prima facie evidence of abandonment.
ANIMAL WASTE.Household pet waste and waste from stables, kennels, pet pens, chicken
coops, veterinary establishments and others of a similar nature.
APPROVED.Acceptable to the code official.
BLIGHT or BLIGHTED.Unsightly conditions of a building, structure, accessory building,
fence, landscaping or property characterized by neglect, lack of maintenance, damage or any
other similar conditions of disrepair, or deterioration, unsanitary or unsafe conditions or the
existence of conditions that endanger life or property by fire and other causes. Examples include,
but are not limited to, the accumulation of debris, wood, scrap iron or other metal, boxes, paper,
vehicle parts, tires, inoperable equipment or vehicles, discarded appliances; or any items that
may harbor insect or vermin infestation or create a fire hazard; landscaping that is overgrown,
dead or damaged; weeds; fences that are broken, rotted, damaged or leaning:, or buildings or
structures exhibiting general disrepair or dilapidation including but not limited to deteriorated
shingles, peeling paint, broken doors or windows, boarded over windows, or any other evidence
of neglect or lack of maintenance; and the exterior visible use or display of tarps, plastic
sheeting, or other similar materials as weather protection for roofs or structures, or as, flexible or
inflexible screening, fencing, or wall covering upon any parcels within the city regardless of the
condition of other properties in the neighborhood.
BOARDINGHOUSE.A single-family detached or attached dwelling unit in which any of the
rooms are rented or leased to persons on a transient or temporary basis, but which does not
include group homes, dormitories, convalescent homes, nursing homes, substance abuse
detoxification centers or substance abuse treatment centers.
BUILDING CODE.The construction codes that were in force at time of building construction,
including plumbing and mechanical codes, electric codes, residential construction codes, energy
conservation codes and existing building construction codes, and includes any property
maintenance codes, neighborhood preservation codes, anti -blight codes or other similar codes,
however denominated.With respect to manufactured homes as defined in A.R.S. § 41-4001,
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building code means the federal construction codes applicable to manufactured homes
constructed after June 15, 1976, and the Arizona codes applicable to mobile homes constructed
before that date.
BUILDING.Any structure, either temporary or permanent, having a roof and used or built for
the shelter and enclosure of persons, animals, chattels or property of any kind. This shall include
tents, awnings or vehicles situated on private property and used for purposes of a building.
BUILDING, ENCLOSED.A building with a perimeter composed of rigid walls and a roof.
CODE OFFICIAL.The official who is charged with the administration and enforcement of
this code, or any duly authorized representative.
CONDEMN.To adjudge unfit for occupancy.
DEBRIS, TRASH, LITTER.Substance or material of little or no apparent value, aesthetic or
economic, including, but not limited to broken glass, broken concrete, broken plaster or gypsum
board, scrap lumber, siding or roofing material, ceiling tile or floor covering material, broken
asphalt materials, clay, tile or plastic pipe or any similar discarded scrap building or construction
materials, scrap metal of all types, appliances or parts thereof, parts of motor vehicles, tires,
glass, wood or lumber, indoor furniture and mattresses, bedding, boxes, crates, packing cases,
cabinets, household fixtures, plumbing fixtures including but not limited to, toilets, or any other
plumbing material, abandoned, broken or neglected equipment or the scattered remains of items,
shopping carts on residential zoned property, any solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, weeds, cigarettes, cardboard, metal or
plastic cans, yard clippings, leaves, tree trimmings, or any material in which insects may breed or
multiply or which provides harborage for rodents, reptiles, or vermin or which would contribute
to the spread of fire or prevent its rapid control.
DETERIORATION or DISREPAIR.A decline of the general condition or appearance of a
building, structure, or parts thereof characterized by holes, breaks, rot, crumbling, cracking,
peeling, rusting, or any other evidence of physical decay, neglect, or lack of maintenance.
DEVELOPED PROPERTY.Property that has been modified purposefully from its original
state and which results in a condition of gainful or productive use.
DRIVEWAY.An unobstructed paved area, or compliantly dust proofed area per § 9-1-3
(B)(9)(a), that directly connects a public or private street with vehicle parking, loading, or
maneuvering areas. For residential properties a driveway connects from a street to a garage,
carport, or other properly maintained and compliant parking area.
DUMPING.Unlawful placement of debris, trash, litter, waste matter, rubbish or garbage upon
any private or public property.
EXTERIOR INSPECTION.The visual inspection of any portion of a residential dwelling unit
that can be seen from a public street or other right-of-way, or that can be seen from an adjacent
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property if a complaint or consent to enter is received from the adjacent property owner, lawful
resident or lawful tenant.
FENCE, MATERIALS PROHIBITED.Includes: rope; string; wire products including but not
limited to chicken wire, wire fabric, and similar welded or woven wire fabrics; chain; netting;
dangerous cut or broken glass; paper; unapproved corrugated metal panels; galvanized sheet
metal; plywood; or fiberglass panels in any fence or any other materials that are not
manufactured specifically as fencing materials. The Director may require the applicant to
provide the manufacturer's standards to establish the intended use of a proposed fencing material.
FENCE, SCREEN WALL,and/or RETAINING WALL.Freestanding, self-supporting
structures constructed of durable decay and moisture resistant wood, chain link, decorative
metal, masonry, or other opaque standard fencing materials, maintained where vertical structural
members do not list, lean or buckle to such an extent that a plumb line passing through the center
of gravity does not fall through the middle 1/3 of the base designed for decorative purposes or to
provide privacy, security, screening, or bank retention between grade separations.
GARBAGE.An accumulation of spoiled or discarded animal or vegetable material resulting from
the handling, preparation, cooking, or consumption of food for humans or animals, as well as other
organic waste material subject to rapid decomposition and their waste wrappers or containers.
GRASS.Barnyard grass, bermuda grass, bluegrass, brome, crab grass, foxtail, Johnson grass
ragweed, rye grass, wild oats, or hybrids thereof.
HABITABLE ROOM / SPACE.A space in a building for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not
considered habitable space.
HAZARD.Any source of potential damage, harm or adverse health effects on something or
someone.
IMMINENT DANGER.Any condition which could cause serious or life -threatening injury or
death at any time.
IMPROVED PROPERTY.Parcels on which buildings or other structures are legally, located.
INFESTATION.The presence, within or contiguous to, a structure or premises of damaging, or
unhealthful insects, rodents, reptiles or pests. Insect, rodent, reptile or pest droppings indicate a
presence.
INOPERABLE VEHICLE.Any vehicle that is physically incapable of its intended operation
and is partially or wholly dismantled, discarded, wrecked, on blocks or on similar devices, stripped,
or scrapped; or a vehicle with missing or deflated tires or missing wheels or any vehicle which is
inoperable due to mechanical failure or mechanical disability; or any vehicle which is missing a
legally assigned license plate, or one that has an expired registration sticker, or one that does not
have a current registration legally issued by any state.
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INSPECTION WARRANT.An order, in writing, signed by a judge of a court of competent
jurisdiction, directed to a state, county or local official, authorizing entry onto private property to
inspect for violations of the Apache Junction City Code or other relevant laws and regulations.
INTERIOR INSPECTION.A physical or visual inspection of the interior of a residential rental
dwelling unit and other portions of a residential rental dwelling unit that are not visible from a
public street, right-of-way or neighboring property that is made for the purpose of discovering or
confirming for building code violations.
JUDGE.A City of Apache Junction Municipal Court Judge or other judicial officer who has
authority to issue inspection and abatement warrants.
JUNK VEHICLE.A vehicle that is in such a state of deterioration that it cannot be profitably
dismantled or salvaged for parts and cannot be profitably restored. (A.R.S § 28-4881)
LAND.All parcels within the exterior boundaries of the city limits,whether developed,
improved, undeveloped, or unimproved.
LANDSCAPING.The placement of trees, shrubs, vegetative and organic or inorganic materials
including gravel, cinders, rock and bark materials.
LAWFUL TENANT.In regards to a residential rental dwelling unit, a renter or occupant that
has a signed lease agreement with an owner of record, agent or property manager and is not
currently in arrears for rent payments.A tenant can sign an affidavit on a form produced by the
Building and Safety Manager or provide a signed copy of the lease, and a declaration by the
owner of record, agent or property manager that they are current on monthly rent.
MAJOR BODY REPAIR.The removal and replacement of body panels, straightening of
frame, replacement of more than one hinged appurtenance (hood, door, trunk, etc.), bondo,
fiberglass, etc. or dent repair exceeding 23% of surface area, replacement of roof.
MINOR BODY REPAIR.Bondo, fiberglass, etc., and dent repair not exceeding 25% of surface
area; replacing glass, windows; replacing a bumper and installation of appurtenances like
mirrors, tailgates, etc.
MANAGING AGENT.A person, corporation, partnership, or limited liability company that is
authorized by the owner to operate and manage the property.
MAJOR VEHICLE REPAIRS.The pulling of an engine block, repair or replacement of
transmissions and front and rear axles, major body repair, dismantling, and similar work
associated with automobiles, boats or other motorized or nonmotorized vehicle repair.
MINOR VEHICLE REPAIRS.The routine maintenance such as changing oil and tires;
replacement of water pump, alternator, brakes, shocks, oil and air filters, and spark plugs; minor
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body repairs and similar work associated with automobiles, boats or other motorized or
nonmotorized vehicle repair.
MOTOR HOME.A motor vehicle that is designed as temporary living quarters and that:
(a) Is built onto as an integral part of, or is permanently attached to, a motor vehicle chassis.
(b) Contains at least four of the following independent life support systems if each is
permanently installed, operable, and designed to be removed only for purposes of repair or
replacement:
(i) A cooking facility with an onboard fuel source.
(ii) A gas or electric refrigerator.
(iii) A toilet with exterior evacuation.
(iv) A heating or air conditioning system with an onboard power or fuel source separate from
the vehicle engine.
(v) A potable water supply system that includes at least a sink, a faucet and a water tank with an
exterior service supply connection.
(vi) A 110-125 volt electric power supply.
MUNICIPAL COURT.The City of Apache Junction Municipal Court.
OCCUPANT OR TENANT Any person who occupies the whole or any part of such building
or land, whether alone or with others.
OWNER.A person, persons or legal entity listed as titleholder for parcels of land in the official
records of the Pinal or Maricopa County Recorder's Office or any person or entity with any
ownership or possessory or beneficiary right or interest, including deed holders, mortgagees,
lessees, and other tenants, residents, and any agent of any of same.
PERSON.A human being, individual, enterprise, corporation, trust, association, partnership,
firm, or society.
PLANT GROWTH.Vegetation of any and all kinds, whether living or dead.
POLLUTED.A condition that exists in water and is characterized by bacterial growth, algae,
insect infestation, the remains of litter, debris, garbage, or any other foreign matter which,
because of its nature or location, constitutes an unhealthy, unsafe, or unsightly condition.
POTENTIAL HAZARD.A condition that can cause an unreasonable risk of death or serious
personal injury or serious damage to property and which can become an imminent hazard if
further deterioration occurs.
PRIVATE PREMISES.Any parcel of land developed or undeveloped, or any dwelling, house,
building or other structure, designed or used either wholly or in part for residential or
commercial purposes, whether inhabited or temporarily or continuously uninhabited or vacant,
and any yard, grounds, walk, driveway, porch, steps or vestibules belonging or appurtenant to
such dwelling, house, building or other structures.
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PRIVATE PROPERTY.Land owned by any person other than the United States, the State of
Arizona, a county, a city, a school district or a special district.
PROPERTY.Includes buildings, grounds, lots and tracts of land.
PUBLIC PLACE or PUBLIC RIGHT-OF-WAY.Any street, sidewalk, easement, boulevard,
alley, or other public way and any public park, square, space, ground, or building.
PUBLIC NUISANCE.To be injurious to health, indecent, offensive to the senses or an
obstruction to the free use of property that interferes with the comfortable enjoyment of life or
property by an entire community a neighborhood or by a considerable number of persons.
RESIDENTIAL DWELLING UNIT.A building or structure or part of a building or structure
that is used for a home or residence by one or more persons who maintain a household.It also
means a mobile/manufactured home regardless of ownership of the land.
RESIDENTIAL RENTAL DWELLING UNIT.A dwelling unit that is leased or rented to one or
more tenants.A dwelling unit that is occupied in part by the owner of the dwelling unit is not a
residential rental dwelling unit unless a tenant occupies a part of the dwelling unit that has its
own cooking and sleeping areas, a bathroom and a separate entrance, unless otherwise provided
in the city's zoning ordinance.Residential rental dwelling unit does not include an owner
occupied mobile/manufactured home in a mobile/manufactured home park that is not owned by
the landlord of the mobile home park.
RESPONSIBLE PERSON.An owner, occupant, tenant, renter, lessor, lessee, manager, agent,
lienholder or any fiduciary or person with power of attorney or other person who is occupying or
having charge, possession or control of the premises or has the authority and ability to act on
behalf of, or in the interest of, the owner. When property is held in common by more than one (1)
owner, each owner is a responsible person, even when a homeowner's association has been
formed to manage and maintain such commonly owned property. Such a homeowner's
association shall also be a responsible person.
SECURING.The action deemed necessary by the Building Official or designee to protect the
general safety and welfare of occupants and public and shall include the use of materials with
sufficient strength and structural value installed in a manner that restricts or prohibits access.
SLUM AREA.An area in which the public health, safety or welfare is threatened because of any
of the following:
(a) Dilapidated, deteriorated, aging or obsolescent buildings or improvements;
(b) The inadequate provision for ventilation, light, air, sanitation or open spaces;
(c) Overcrowding; and,
(d) The existence of conditions that endanger life or property by fire and other causes.
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SOUND CONDITION.Free from decay or defects and capable of performing the task for which
it was designed and in the manner it was intended.
STORED.Parking, leaving, locating, keeping, maintaining, depositing, remaining, or being
physically present on private property.
STREET or HIGHWAY.A right-of-way within which improvements are constructed for the
conveyance of vehicular and pedestrian traffic and includes highways, streets, roads and alleys,
including the entire width.
STRICT LIABILITY OFFENSE.An offense in which the prosecution in a legal proceeding is
not required to prove criminal intent as a part of its case. It is enough to prove that the defendant
either did an act that was prohibited, or failed to do an act that the defendant was legally required
to do.
STRUCTURE.Includes any building or improvement that is constructed or placed on land or
that which is built or constructed on a portion thereof Any piece of work artificially built up or
composed of parts joined together in some definite manner.
STRUCTURE UNFIT FOR HUMAN OCCUPANCY.A building improvement, dwelling unit
or premises that has conditions which are dangerous or injurious to the health or safety of the
occupants of such, building improvement, dwelling unit or premises, the occupants of
neighboring dwellings or residents of the city including defects increasing the risk of fire or
accident, inadequate ventilation, light, potable water or sanitary facilities, dilapidation, disrepair,
structural defects, uncleanliness, overcrowding, or inadequate drainage, lacking operating utility
service or other essential equipment, or is vermin infested.
TRASH.All non-putrescible wastes consisting of both combustible and noncombustible solid
waste material, excluding ashes.
UNCONTROLLED VEGETATION.Plants, trees, shrubs, grass, etc. that is allowed to grow
unattended or which contains a mixture of weeds and other plant materials, all of which includes
trees, shrubs, weeds, grass, as well as other vegetation that grows unattended along fence lines
and walls.
UNDEVELOPED PROPERTY.Vacant land with no lawfully approved use.
UNSAFE EQUIPMENT.Includes any boiler, heating equipment, elevator, moving stairway,
electrical wiring or device, flammable liquid containers or other mechanical, plumbing or
electrical equipment on the premises or within the structure that is in such disrepair or condition
which equipment is a hazard to life, health, property or a risk to the public or occupants of the
premises or structure.
UNSAFE STRUCTURE.A structure that is found to be dangerous to the life, health, property or
safety of the public or the occupants of the structure by not providing minimum safeguards to
protect or warn occupants, in the event of fire, or because such structure contains unsafe
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equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty
construction or unstable foundation, that partial or complete collapse is likely.
UNSHELTERED.Any area on a premise located outside a garage or structure in such a manner
as to be visible to a person standing upon any public street, sidewalk or at ground level upon any
adjoining piece of property.
UTILITY SERVICE.Those services required for plumbing and electrical systems, heating and
cooling systems, ventilation systems and fixtures and appliances to properly operate, including
water service, sewer service, electric service and gas service.
UTILITY TRAILER.A vehicle designed to be pulled by a motor vehicle which is used to carry
property, trash, or special equipment. Boat trailers and homemade trailers are included as
utility trailers.
VEHICLE.Every device by which any person or property is or may be transported or drawn
upon a street or highway; including, but not limited to, automobiles, motor homes, travel trailers,
utility trailers or watercraft, but excluding devices moved by human power or used exclusively
upon stationary rails or tracks.
WEEDS.Bull thistle, cocklebur, foxtail, horseweed, lambsquarters, london rocket, mallow,
milkweed, pigweed, mustards, prickly lettuce, ragweed, russian thistle, shepardspurse,
sowthistle, white horsenettle, willow weed, and those types of plant growth defined as noxious
weeds in A.R.S. § 3-201 regardless of whether a particular property owner or occupant who is
the subject of enforcement action under this code regards the growth as desirable.
§ 9-1-3 PUBLIC NUISANCES PROHIBITED.
The following acts, omissions, conditions, and things in or upon any land or structure in the city
constitute public nuisances, the existence of which are hereby prohibited and declared to be
unlawful, and are enforceable and punishable as set forth below:
(A) Exterior property and premises.
(1) (a) Exterior property and premises shall be maintained in a clean, safe and sanitary
condition. The responsible person shall keep that part of the exterior property that such
responsible person occupies or controls in a clean and sanitary condition. Exterior property and
premises shall be free from any accumulation of debris, trash, litter, garbage or junk vehicles.
(b) Garbage shall only be stored in approved receptacles designed to prevent leakage, designed
to prevent access from animals, rodents and insects, and designed to be washable. Bagged or
loose garbage shall not be stored for more than 24 hours outside of an enclosed building, or
approved receptacle. Date -stamped photos shall be prima facie evidence of garbage stored in
violation of this section.
(c) No person shall deposit or cause to be deposited, store, or maintain any debris, trash, or
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litter, on any land within the city unless stored safely within a lawful, enclosed building or
structure, or within a trash receptacle in such a manner as to not be visible from the public right-
of-way or neighboring property, except as authorized by the city or for collection under this
chapter.
(d) It is unlawful for any person to place any garbage, debris, trash or litter upon any private or
public property not owned or under the control of said person. In addition to any civil penalty or
criminal 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 pursuant to this article for the removal of said
garbage, debris, trash or litter.
(e) Nothing in this section shall prohibit the outside storage of materials specifically permitted
under the zoning code and arranged in accordance with the provisions of and covered under a
permit issued in accordance with the permit requirements of the city code. Exterior storage of
materials for work that does not require a permit is limited to 60 calendar days. Dated photos of
such storage are prima facie evidence for enforcement purposes.
(2) No person shall deposit in or allow to be deposited, sweep upon, or permit to drain into any
public right-of-way, natural terrain feature, river bed or wash, or any public place of the city any
garbage, debris, trash or litter, animal waste, obstruction, or similar matter or any hazardous
material which is offensive to sight or smell or which impedes passage or is detrimental to public
health, except when authorized by the city.
(3) It is unlawful to store, keep or maintain outside of any dwelling, building or other structure,
or within any unoccupied or abandoned building, dwelling or other structure under the control of
any person and in a place accessible to children, any abandoned, unattended or discarded icebox,
refrigerator or other appliance or container which has an airtight door or lid, snaplock or other
locking device which may not be released from the inside, without first removing the door or lid,
snaplock or other locking device from the icebox, refrigerator or container. This subsection shall
not apply to appliances which are being used for animal or livestock purposes and have a latch or
lock on the outside which requires a key or combination access.
(4) (a) It is unlawful for any business, corporation, firm or person to fail to provide an approved
litter or trash receptacles for the containment of litter and trash generated within or upon their
premises or to allow litter or trash from approved receptacles to become windblown and be
disbursed about the area.
(b) It is unlawful for any property owner, agent, or contractor to cause, maintain, permit or
allow to be caused, maintained or permitted any accumulation of any litter or debris on any
construction or demolition site before, during, or after completion of the project, to become
windblown and carried or deposited upon any alley, street, public place or private property from
such site.
(5) It is unlawful to allow the accumulation of putrid, unsound or unwholesome bones, meat,
hides, skins or the whole or any part of any dead animal, fish or fowl, butcher's trimmings and
offal, or any waste vegetable or animal matter in any quantity, garbage, animal or human excreta,
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sewage, or other offensive substances; provided that nothing herein contained shall prevent the
temporary retention of waste in receptacles in the manner approved by the Pinal or Maricopa
County Health Officer or other ordinances of this city.
(B)Vehicles.
(1) Except as provided for in other regulations, no inoperable vehicle, or junk vehicle shall be
parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major
disassembly, disrepair, or in the process of being stripped or dismantled. This applies to all
residential districts, and MHP, RVP, MPC and PI districts.
(2) Performance of minor vehicle repairs is not prohibited within residential districts, except
where not allowed under covenants, conditions and restrictions "CC&R," Home Owner
Association "HOA" rules, or by the owner or management of a multifamily property.
(3) Major vehicle repairs shall be conducted inside a garage or an approved structure.
(4) (a) All vehicle repairs performed must be customary and incidental to the principal use of
the property.
(b) Any vehicle undergoing repair must be titled to the owner or occupant of the property.
(c) Only one (1) vehicle may be undergoing repair at one (1) time.
(d) Vehicle repairs shall not exceed ten (10) calendar days, unless performed inside a garage or
other approved structure.
(e) The painting of vehicles or other parts thereof in any residentially zoned district is
prohibited, unless performed inside a legally permitted and inspected spray booth.
(f) While conducting vehicle repairs, it is the property owner's responsibility to ensure that any
and all fluids, are not discharged into the stormwater drainage system or soil.
(5) It shall be unlawful for any person to display any vehicle or boat for sale, rent, or lease on
undeveloped property, and no owner or occupant of undeveloped property shall allow or permit
such displays.
(6) The display of one (1) vehicle or boat for sale is permitted at a residence when the vehicle is
titled to the owner or occupant of the property and is not being sold in connection with an
automobile sales business. No more than three (3) vehicles or boats may be displayed for sale at
the same residence within a 12 -month period and only one (1) vehicle or boat shall be displayed
for sale at one (1) time.
(7) For all developments other than residential buildings with 4 or fewer units, affected surfaces
subject to the dustproofing requirement include any areas utilized for parking, maneuvering or
ingress and egress of on- or off -road vehicles. Access lanes and working surfaces for vehicles
Ordinance No. 1467
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shall qualify as affected surfaces. All parking, maneuvering, ingress and egress areas at
developments other than residential buildings with 4 or fewer units must be maintained with 1 or
more of the following permanent dustproof paving methods:
(a) Paving with asphaltic concrete;
(b) Paving with Portland cement based concrete;
(c) Surfacing with a penetrating asphalt and a gravel surface known as chip sealing;
(d) Surfacing with and uniformly maintaining a 2 -inch deep layer of rock having a nominal
size of 1/4 -inch or larger;
(e) Surfacing with a 2 -inch deep layer of recycled asphalt;
(f) Surfacing with any other dustproof paving treatment method that has been approved by the
Development Services Director or his or her designee.
(8) Undisturbed surfaces at developments other than residential buildings with 4 or fewer units
shall be exempt from the dustproofing requirements of this section, but only if those undisturbed
surfaces are fenced or otherwise clearly delineated from affected surfaces by means of a fence or
other physical barrier. Delineated long-term storage stalls, where a vehicle, trailer or other item
is stored and not normally removed and replaced more than once in a 60 -day period shall also be
considered undisturbed surfaces.
(9) Any dust -proofing shall be maintained in a manner that prevents visible track -out.
(10) (a) For any residential property with 4 or fewer units, affected surfaces subject to the
stabilization requirement include any areas in a front yard utilized for parking, maneuvering or
ingress of on- and off -road vehicles. All parking, maneuvering, ingress and egress areas that are
3,000 square feet or more in size at residential buildings with 4 or fewer units must be stabilized
with 1 or more of the following methods:
1. Paving with asphaltic concrete;
2. Paving with Portland cement based concrete;
3. Surfacing with a penetrating asphalt and a gravel surface commonly known as chip sealing;
4. Surfacing with and uniformly maintaining a 2 -inch deep layer of rock having a nominal size
of 1/4 -inch or larger;
5. Surfacing with a 2 -inch deep layer of recycled asphalt; or
6. Surfacing with any other surface treatment that has approved by the Development Services
Director or his or her designee.
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(b) Any stabilization shall be maintained in a manner that prevents visible track -out over 10
feet in length.
(c) Undisturbed surfaces at a residential property with 4 or fewer units shall be exempt from
the stabilization requirements of this section, but only if those undisturbed surfaces are fenced or
otherwise clearly delineated from affected surfaces by means of a fence or other physical
barrier.Even if not physically delineated, long-term storage stalls where a vehicle, trailer or
other item is stored and not normally removed and replaced more than once in a 30 -calendar day
period shall also be considered undisturbed surfaces. Access lanes to such long-term storage
stalls shall similarly qualify as undisturbed surfaces.
(11) Vehicle parking shall not be allowed on an unpaved, unstabilized, and/or undeveloped lot.
For purposes of this limitation, adjoining commonly owned parcels shall be deemed a single lot.
(C)Land maintenance and weeds.
(1)(a) All persons owning or occupying land or places of business within the city shall keep the
sidewalk or public places fronting or bordering their property free of weeds or grass in excess of
10 inches or when such conditions create a blighting condition.
(b) Any landscaping, visible from public property or from beyond the lot boundaries, that is
dead, damaged, or characterized by uncontrolled vegetation, or presents a deteriorated or slum
like appearance is uncared for and any weeds, tall grass, shrubs or growth (whether growing or
otherwise) higher than 10 inches, or any dead trees, bushes, shrubs or portions thereof, including
stumps, or any palm or similar type tree having dead or dry fronds descending downward from
the base of the lowest living frond more than 8 feet or dry fronds longer than 5 feet and closer
than 8 feet to the ground, shall be removed and disposed of in a lawful manner.
(2) No owner or occupant of land shall allow or permit trees, shrubs, or plant growth on that
land to impede, obstruct, or interfere with vehicular or pedestrian passage on any street,
sidewalk, or alley within the city or allow such overgrowth to interfere with the visibility of
passing traffic or obstruct traffic control devices or signals.
(3) No owner or occupant of land within the city shall allow plant growth which is dead, or so
dry as to be readily flammable or combustible on such land that may constitute a fire hazard or
other threat to the public health or safety.
(4) No person shall offer to sell, sell, or plant any male mulberry tree (morus alba) or olive tree
(olea europea) in the city unless it is one of the non -pollinating varieties of such trees.
(D)Exterior of buildings, structures and signage.
(1) It shall be unlawful for an owner or occupant to fail to properly maintain, repair, or replace
the exposed exterior surfaces of a building or structure, including siding, stucco, brick, stone,
wood, exterior windows, doors, canopies, metal awnings, roofs, exhaust ducts, chimneys, painted
surfaces, window screening, fences, retaining walls, foundations, cooling devices, outdoor stairs,
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porches, and railings as visible from the adjacent public place, public right-of-way(s) or
neighboring property. In addition, all premises shall be structurally sound and impervious to
moisture and weather elements.
(a) Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a
proper state of repair, and maintained free from hazardous conditions.
(b) Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be
maintained in sound condition and good repair.
(c) Every handrail and guard shall be firmly fastened and capable of supporting normally
imposed loads and shall be maintained in good condition.
(2) (a) All buildings, structures, accessory structures, detached garages, fences, walls and storage
structures shall be maintained in a structurally sound condition, free from blight and in good repair,
and must not be erected, altered or occupied contrary to applicable law. Sleeping or living in an
accessory structure, that is not a legal accessory dwelling unit or residential addition, is contrary
to applicable law.
(b) Upon issuance of a stop work order, no person shall continue any work on any building,
structure, accessory structure, detached garage, fence, wall or storage structure erected, altered or
occupied contrary to applicable law.
(c) No person shall cause, allow, leave or permit to be or remain in or upon any private lot,
building, structure or property any insect, bee, wasp, pigeon, rat, rodent or any vector or vermin
infestation of any kind. All premises shall be kept free from the presence or apparent evidence of
insects and rodent infestation, other noxious pests, nesting places and any other unsightly or
unsanitary condition which could harbor insects, rodents or other vector or vermin.
(d) No person shall cause,allow or permit any condition or place in populous areas that
constitutes a breeding place for flies, rodents, mosquitoes and other insects that are capable of
carrying and transmitting disease -causing organisms to any person or persons or any condition or
place that constitutes a feral colony of honeybees that is not currently maintained by a beekeeper
and that poses a health or safety hazard to the public.
(3) It is unlawful for any person to erect or maintain within the city any fence which is, or may
be, dangerous to persons, children or animals due to design, construction, materials, maintenance
or placement.
(4) It shall be unlawful to allow any swimming pool or similar body of water to stagnate, or, be
left untreated allowing for the growth algae, and thereby become polluted, or offensive to the
senses and unsafe for its intended use. No person shall allow any swimming pool, architectural
pool, pond or spa to remain or be maintained in a condition that may breed insects or result in
insect or other infestations; become polluted or stagnant; or create a blighting condition.
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(a) No person shall permit or cause the discharge of water from any swimming pool, architectural
pool or spa into any public street, alleyway, rights -of -way or any abutting or adjacent public or
private property.
(b) Private swimming pools, hot tubs and spas, containing water more than 18 inches (457 mm)
in depth shall be completely surrounded by a fence or barrier not less than 60 inches (1524 mm)
in height above the finished ground level measured on the side of the barrier away from the pool.
Gates and doors in such barriers shall be self -closing and self -latching. Where the self -latching
device is not less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism
shall be located on the pool side of the gate. Self -closing and self -latching gates shall be maintained
such that the gate will positively close and latch when released from an open position of 6 inches
(152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in
a manner that reduces its effectiveness as a safety barrier.
Exception:Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be
exempt from the provisions of this section.
(5) No person shall attach or place signs on any right of way, alleyway, or to any public or private
utility pole or structure, streetlight, traffic control device, tree, fence, fire hydrant, fire escape,
building access ladder, bridge, curb, sidewalk, park bench or other location on public property,
except for official government signs, signs for city sponsored events and signs permitted by state
law.
(6) Buildings shall have approved address numbers placed in a position to be plainly legible and
visible from the street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be not
less than 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm).
(E)Vacant buildings and land.
(1) All vacant or abandoned buildings, structures or portions thereof, shall be secured at all
points of ingress and egress and maintained against unauthorized entry at all times. Any
dangerous, deteriorated, abandoned, partially destroyed or unfinished building, addition,
appendage or other structure, or any building in violation of this chapter and in any provision
under Vol.I,Chapter 7, and any vacated or abandoned building not securely closed at all times,
shall be secured. Any wood, metal or other material used for securing a vacated or abandoned
building must be the same color as the building.
(2) Any vacant lot or land, which has been used for dumping on more than 2 occasions within a
24 -month consecutive period, shall be secured to prevent future occurrences of dumping.
Methods of securing vacant lots or lands may include any of the following: permanent fencing;
ditch and berm; placement of 4 -foot high barrier posts at 4 -foot intervals; and other equally
effective methods. Signs stating, "No Dumping" shall be erected in accordance with the same
state laws relating to "No Trespassing" signage. The required signage must be a minimum of 12
by 18 inches in size with two 3 -inch lettering mounted on durable grade vinyl, aluminum,
fiberglass or similar substrate. The signage must be mounted on a steel support post a minimum
of 11/2-inch diameter and the support must be placed a minimum of 18 inches in the ground.
Ordinance No. 1467
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Metal fasteners must be used to anchor the signage to the support post.
•(3) It is unlawful to maintain any privy, vault, cesspool, septic system, sump, pit, private drain
or like place or thing which is not securely protected from insects or rodents or which are foul,
malodorous, nauseous, or offensive to the senses.
(F)Individual Property Inspections
(1). For individual residential rental properties the city may conduct interior inspections if an
exterior inspection of the property reveals or if the property is found to have any of the
following:
(a) Conditions that materially affect the health and safety of the occupants as prescribed by
section 9-1-3 (G)
(b) A significant level of crime associated with the property.
(c) A documented history of building code violations.
(d) The owner repeatedly fails to comply with building code enforcement requirements
imposed by the city.
(e) There is probable cause that the residential rental property is not in compliance with the
city's building code.
(1) A complaint is received from a lawful tenant or consent for inspection is given by the owner
of record, agent or property manager, a lawful resident or a lawful tenant of the residential rental
unit.
(2) If the city determines pursuant to subsection G) of this section that an interior inspection is
reasonably necessary and the property's tenant has vacated the premises, the city may require an
additional inspection and approval by the city before a new occupancy is permitted.
(3) Before entry the city shall receive consent of the owner of record or a lawful tenant or on
issuance of a warrant. A lawful tenant is a tenant that presents an executed lease and is not late in
the paying of rent.
(G)Residential Rental Dwelling Unit Conditions
For the purposes of this chapter, a condition that materially affects the health and safety of the
occupants of a residential rental dwelling unit includes any of the following conditions:
(1) Inadequate sanitation, ventilation or space requirements, including the following:
(a) Lack of or inadequate water closets, lavatories, bathtubs or showers.
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(b) Lack of a required kitchen sink or a kitchen sink that does not comply with the building
code of the city or town in which the property is located.
(c) Lack of hot and cold running water to plumbing fixtures.
(d) Lack of adequate heating and cooling.
(e) Lack of or improper operation of required ventilating equipment or broken or missing
windows or doors that create a hazardous condition or a potential attraction to trespassers.
(f) Lack of minimum amounts of natural light and ventilation as required by the building code.
(g) Inadequate room and space dimensions as required by the building code.
(h) Lack of required adequate electricity and lighting as required by the building code.
(i) Infestation of insects, vermin or rodents.
(j) Lack of connection to a sewage disposal system as required by the building code.
(k) Lack of adequate garbage and rubbish storage and removal facilities.
(2) Structural hazards, including the following:
(a) Significantly deteriorated or inadequate foundations or foundation areas that are not
provided with adequate drainage.
(b) Flooring or floor supports of insufficient size to carry imposed loads with safety.
(c) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to
defective material or deterioration.
(d) Members of ceilings, roofs, ceiling and roof supports or other horizontal members that
significantly sag, split or buckle due to defective material or deterioration.
(e) Fireplaces or chimneys that list, bulge or settle due to defective material or deterioration or
that are of insufficient size or strength to carry imposed loads with safety.
(3) Hazardous wiring that does not conform with the building code or that has not been
maintained in good condition, or both, and that is not being used in a safe manner.
(4) Hazardous plumbing that does not conform with the building code or that has not been
maintained in good condition, or both, and that is not free of cross -connections and siphonage
between fixtures.
(5) Hazardous mechanical equipment including vents that do not conform with the building
Ordinance No. 1467
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code or that have not been maintained in good and safe condition and that are not working
properly.
(6) Faulty weather protection that may include:
(a) Significantly deteriorated, crumbling or loose plaster.
(b) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors,
including broken windows or doors. Use of tarps or other unapproved materials for more than 30
calendar days.
(c) Defective or lack of weather protection for exterior wall coverings, including lack of paint,
or weathering due to lack of paint or other approved protective covering.
(d) Broken, rotted, split or buckled exterior wall coverings or roof coverings.
(7) Fire hazards or inadequate fire protection, including:
(a) Any building or portion of a building or any device, apparatus, equipment, combustible
waste or vegetation that is not in compliance with the building code and that is in such a
condition as to cause a fire or explosion or to provide a ready fuel to augment the spread and
intensity of a fire or explosion arising from any cause.
(b) Any building or portion of a building that is not provided with fire -resistive construction or
fire extinguishing systems or equipment required by the building code, except those buildings or
portions of buildings that conformed with all applicable building code laws and that have fire-
resistive integrity and fire extinguishing systems or equipment that has been adequately
maintained and improved in relation to any increase in occupant load, alteration or addition, or
any change in occupancy.
(c) Lack of adequate fire detection systems as required by law.
(8) Faulty materials or construction that is not specifically allowed or approved by the building
code or that has not been adequately maintained in good and safe condition.
(9) Hazardous or unsanitary premises, including those premises on which an accumulation of
weeds, vegetation, refuse, dead organic matter, debris, garbage, offal, rat harborages, stagnant
water, combustible materials and similar materials or conditions constitute fire, health or safety
hazards.
(10) Inadequate maintenance, including any building or portion of a building that is determined
to be an unsafe building in accordance with the building code.
(11) Unhealthy conditions, including any condition as defined in the building code that results
in the failure to maintain minimum standards of sanitation, health or safety or that renders air,
food or drink unwholesome or detrimental to health.
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(12) Inadequate exits, including all buildings or portions of a building that are not provided with
adequate exit facilities as required by the building code and that have been adequately
maintained and increased in relation to any increase in occupant load, alteration or addition, or
any change in occupancy.
(13) Improper occupancy, including all buildings or portions of a building that are occupied for
living, sleeping, cooking or dining purposes and that were not designed and permitted to be used
for such occupancies, or that are occupied in excess of the maximum occupancy load allowed by
any applicable provision of the building code or state law.
§ 9-1-4 ENFORCEMENT AND ABATEMENT.
(A)Introduction.The goal of this section is to seek voluntary compliance. Code compliance
officers are empowered to use their discretion in working with residents to become compliant.
Identification of violations may arise through citizen complaints, anonymous complaints or
proactive observations. Verbal warnings or door hangers are strongly encouraged before any
formal notices of violations are issued. The city has the option to pursue compliance
administratively by civil/criminal citation or complaints resulting in mandatory fines and other
consequences, through court intervention, and may collect any administrative costs associated
with abatement procedures through liens and possible foreclosure, and civil collection actions.
(B)Pre-civil/criminal citation/complaint; notice of violation.
(1) If, after an inspection and after informal attempts have failed to encourage compliance with
this article, the city shall serve the owner, owner's statutory or authorized agent, occupant, lessee
or person in control of the property with a Notice of Violation. Such notice shall contain the
following:
(a) Legal identification of property;
(b) Statement of violations in sufficient detail to allow an owner or responsible party to identify
and correct the problem;
(c) The expected compliance deadline of at least ten 10 calendar days from the date of the
notice, unless otherwise stated;
(d) A re -inspection date;
(e) Physical address, email address, and telephone number of a city representative to contact;
(f) A warning that failure to comply may result in the filing of a civil or criminal misdemeanor
case, depending on whether this violation is the first, second, third or fourth violation over a 24-
month consecutive period; and
(g) A warning that failure to comply may also result in an administrative or court ordered
Ordinance No. 1467
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abatement action by the city, which the owner or responsible person will be financially liable
through a lien process which may include foreclosure of the property.
(2) Any notice issued under this article shall be deemed effective on the date when written
notice is hand -delivered or mailed certified, return receipt requested, to the individuals
referenced above. If the notice is returned showing that the letter was not able to be delivered, a
copy thereof shall be posted in a conspicuous place in or about the structure affected by such
notice. Any recorded notice shall run with the land and shall constitute legal notice for all
purposes of this article to all parties and entities thereafter acquiring an interest in the property.
Officers may use their discretion in granting extensions for compliance with the code, depending
on the violators' efforts to date and financial ability to comply.
(C) Civil/criminal citations and complaints.
(1) If the owner or other responsible party fails to comply with the notice of violation, a
civil/criminal action to enforce the provision of this article may be commenced and a summons
shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes and
applicable city ordinances. Jurisdiction of proceedings in this article shall be in the municipal
court of the city.
(2) The City Manager and his or her designee shall be responsible for filing civil and criminal
citations with the Apache Junction Municipal Court with the following minimum penalties:
(a) First offense during 24 -consecutive month period: civil penalty of $350.00;
(b) Second offense during 24 -consecutive month period: civil penalty of $600.00;
(c) Third offense and subsequent offenses within 24 months of first offense: criminal fine of
$1,000.00, and other criminal penalties as a result of a class 1 misdemeanor conviction.
(3) The 24 -month period shall be calculated from the dates the violations are committed. The
owner or responsible party shall receive the progressively higher civil penalty upon a finding of
responsibility for any violation of this article which was committed within 24 months of the
commission of another violation for which the owner or responsible party was found responsible
or was convicted. In no event shall the court reduce the minimum dollar penalties referenced
above. A criminal case shall only be filed only after 2 (two) successive civil violations have been
committed within a consecutive 24 month period.
(4) Every day any violation of any provision of this article continues shall constitute a separate
violation or offense. The owner of record, as reflected in the Pinal or Maricopa County
Recorder's Office, may be presumed to be a person having lawful control over the building,
structure or parcel of land which is the subject of the violation. If more than 1 person is recorded
as the owner of the property, the persons may be jointly and severally presumed to be the persons
having lawful control over the building, structure or parcel of land.
(D)Civil and criminal hearing procedure.A person lawfully served with a civil citation or
Ordinance No. 1467
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complaint shall appear at the time and place stated in the citation or summons, or may appear
prior to the time and admit or deny the allegations of the complaint. Allegations not denied at the
time of appearance are deemed admitted. If the allegations are admitted, the court shall enter
judgment for the city and impose the minimum dollar sanction as noted above. If the defendant
denies the allegations, the court shall set the matter for hearing. Civil hearings are to be held
informally and held without a jury, and the city is required to prove the allegations by a
preponderance of the evidence. Technical rules of evidence do not apply, except for statutory
provisions relating to privileged communications. If the defendant elects to be represented by
counsel, the defendant shall so notify the court at least 10 court days prior to the hearing date.
Hearings shall be recorded by technological devices, including tape recording or by
stenographer. If the court finds in favor of the defendant, the court shall enter an order dismissing
the citation or complaint. If the court finds in favor of the city, the court shall enter judgment for
the city and impose the minimum dollar sanction noted above, or in the case of a criminal matter,
shall order in addition to the mandatory minimum dollar amount as referenced above up to
$2,500, other terms such as up to 3 years probation, compliance deadlines, community service,
up to 6 months jail time, and other reasonable terms as a consequence of a class 1 misdemeanor
conviction.
(E)Appeal of civil/criminal court hearing.Any party may appeal the judgment of the Municipal
Court to the Superior Court under A.R.S. § 12-124. Appeals from civil proceedings shall be in
accordance with the Superior Court Rules of Appellate Procedure - Civil. Appeals from criminal
proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure -
Criminal.
(F)Court -ordered abatement.
(1) In addition to any other options available to encourage compliance set forth in this article,
the City Attorney may apply to the municipal court for an order permitting the city to abate any
condition that constitutes a violation of this article.
(2) Pursuant to A.R.S. § 9-500.21, after notice has been provided to the owner and/or
responsible party of the application and hearing date, the Municipal Court Judge shall conduct a
hearing on the City Attorney's application with prior notice to the owner or responsible party as
required under the Code of Civil Procedure Service of Process rules. The hearing shall be
informal, open to the public and be recorded by technological devices, including tape recording
or stenographic devices. Evidence may be taken from any interested party and considered in
determining whether a condition in violation of this article exists and what, if any abatement
action should be permitted. Any person who fails to appear after notice of the hearing may be
deemed to have waived any right to introduce evidence. The court's determination shall be based
on the preponderance of evidence standard. Upon finding the abatement is appropriate, the court
may order an administrative search warrant and/or a demolition, board -up, or clean-up abatement
warrant.
(3) The reasonable costs of any abatement plus a 5% administrative fee as permitted by the
court's order, as well as 10% interest per annum, shall be the responsibility of the owner and/or
responsible party and it may be collected as a lien on the property or other lawful method by the
Ordinance No. 1467
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city contained within this article or other applicable law.
(G)Inspection warrants.
(1) As set forth herein, the code official may seek the issuance of an inspection warrant by the
Judge if the code official or his authorized designee is denied access to any property, building or
structure that the code official has authority to inspect. The code official shall, in a supporting
affidavit, establish that there is probable cause that a violation of this chapter or the City Code
exists and that the proposed inspection is reasonable and necessary. Probable cause may be
established based on any of the following:
(a) Previous inspections have shown violations and the present inspection is necessary to
determine whether those violations have been abated.
(b) Complaints have been received by the code enforcement division and presented to the
issuing code enforcement officer from persons, who by status or position have personal
knowledge of the violations of law occurring on the subject property, building or structure.
(c) The inspection of the premises in question was to be made pursuant to an administrative
plan containing neutral criteria supporting the need for the inspection.
(2) In executing an inspection warrant on an occupied property, the code enforcement officer
shall, before entry, make a reasonable effort to present the person's credentials, authority and
purpose to the owner, occupant, agent, manager or person in possession of the property and
produce the warrant or a copy thereof upon request. A copy of the warrant shall be left with the
owner, occupant, agent, manager or person in possession of the property.
(3) In executing an inspection warrant on an unoccupied property, the code enforcement officer
authorized to execute the warrant need not inform anyone of the person's authority and purpose,
but may promptly enter the designated property if it is at the time unoccupied or not in the
possession of any person or at the time reasonably believed to be in such condition. In such case,
a copy of the inspection warrant shall be conspicuously posted on the property.
(4) Any person who willfully refuses to permit an inspection lawfully authorized by warrant
issued pursuant to this section is guilty of a class 1 misdemeanor.
(5) An inspection warrant shall be executed within five (5) calendar days from its issuance. The
warrant shall be returned to the Judge within three (3) court business days after the inspection
warrant is executed.
(H)Administrative abatement/lien procedure.
(1) The city may, as another option, administratively abate the illegal conditions by first serving
a notice to abate, which shall include the following:
(a) Legal identification of property;
Ordinance No. 1467
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(b) Statement of violations in sufficient detail to allow an owner or responsible party to identify
and correct the problem;
(c) The expected compliance deadline of at least 30 calendar days from the date of the notice;
(d) Re -inspection date;
(e) Address and telephone number of a city representative to contact;
(f) Cost estimate to correct the violation, including labor and benefits of officers;
(g) A warning that if the violation is not corrected within the 30 -calendar day deadline, the city
may abate the nuisance and assess the owner, his or her statutory or authorized agent, lessee,
occupant, or person in control of the property the cost of such abatement plus a 5%
administrative charge and record a lien against the property for payment of the assessments
which may result in foreclosure of the property;
(h) A warning that failure to comply may also result in the filing of a civil or criminal
misdemeanor case, depending on whether this violation is the first, second, third or fourth
violation over a 24 -month consecutive period; and
(i) Reminder that the notice may be appealed by filing a notice of appeal at the Development
Services Department within 20 -calendar days after the notice was served; the Board of
Adjustment and Appeals will hear and decide the appeal within 60 calendar days of filing the
notice of appeal.
(2) If a property owner or responsible party fails to comply with the notice within the 30-
calendar day deadline, code compliance officers may work with the property owner or
responsible party and grant an extension. However, if compliance is not forthcoming, the city
may correct or abate the conditions as described in the notice. The city shall pay the cost and
expense of such abatement from any appropriation made available for that purpose.
(3) Upon commencement of action on the property, the city shall assess the property for the
cost of work performed including but not limited to all additional inspections and other
incidental connected costs, and for associated legal costs plus a 5% administrative fee. If the
assessment is paid in full, including 10% interest annually calculated, the city shall release the
assessment.
(4) In the event it is necessary to enforce the assessment by sale, the sale shall be made from a
judgment of foreclosure and order of sale. The city shall have the right to enforce the assessment
in the Superior Court of Pinal or Maricopa County at any time after recording, but failure to
enforce the assessment 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. Prior assessments or liens for the purposes provided for in this article shall not
be a bar to a subsequent assessment or lien and any number of liens or assessments on the same
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parcel may be enforced in the same action.
(5) The assessment is prior and superior to all other liens, obligations, mortgages or other
encumbrances except liens for general taxes. The city may dispose of any property or material
removed from real property as a result of abatement in any manner, including but not limited to
destruction or donation.
(I) Boarding, securing, vacating and demolition.
(1) If it is determined that a structure constitutes a public nuisance as defined in this article, the
City Manager or his or her duly appointed agent may declare such structure a hazard with great
potential for actual and serious physical harm. After notice is communicated to any owner of
record in a notice to secure the structure and the owner does not secure the structure to city
specifications, the hazard may be summarily abated by the city through boarding and fencing.
The notice to secure shall be in the same format and shall be served in the same manner as a
notice to abate as referenced above and all associated costs to board and fence may be collected
pursuant to a lien in the same manner as a notice to abate. If however, the conditions pose an
imminent hazard, the City Manager or his or her designee may order immediate abatement
without notice. Such abatement shall be limited to the minimum work necessary to remove the
hazard.
(2) Whenever the City Manager or his or her designee finds that a structure contains an
imminent hazard or health hazard, he or she may declare it unfit for human occupancy and order
it to be vacated or to remain vacant. A structure declared unfit for occupancy shall not be leased,
rented or occupied until it has been re -inspected and deemed fit for occupancy by the city. City
code compliance officers shall post a legible notice on the principal entrance stating "do not
enter, unsafe to occupy". Entry will be considered a trespass under A.R.S. § 13-1504, a class 1
misdemeanor.
(3) Prior to demolishing a structure, the city shall issue a notice of intent to demolish structure
to the owner or responsible party with any legal interest in the property and may record such
notice in the Pinal or Maricopa County Recorder's office. This notice and abatement and all
associated demolition costs shall be enforced in the same manner as a notice to abate.
(4) Any structure which has been declared to be an imminent hazard by the City Manager or his
or her designee, shall immediately be vacated and shall not be re -occupied until the City
Manager or his or her designee has issued a certificate of compliance which indicates that
imminent hazards do not exist and that incipient hazards and health hazards are acknowledged
and minimized by the persons responsible for the property. A legible notice as referenced above
shall be posted on the principal entrance prohibiting entry. No person occupying a structure after
the city has posted on the structure a notice of its hazardous condition, shall be eligible for
relocation assistance or be considered a displaced person.
(J)Appeal of notice to abate, notice to secure, and notice of intent to demolish.An appeal of a
notice to abate, notice to secure and notice of intent to demolish shall be filed in writing with the
Development Services Department Director or his or her designee within 20 calendar days after
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the notice was served. An appellate hearing shall be scheduled by the Development Services
Department Director or his or her designee before the Board of Adjustment and Appeals no later
than 60 calendar days after the notice of appeal has been filed and such hearing must have been
held and be concluded within the same time period.
(K)Grounds for appeal.
(1) The following are appropriate grounds for an appeal:
(a) The claim that the property or building subject to the notice is not in violation under the
code.
(b) A claim that the true intent of the code has been incorrectly interpreted.
(c) A claim that the statement for costs for correcting or abating the violation is excessive.
(2) The Board may affirm, reverse or modify the notice. The Board shall conduct the hearing as
it does other board matters in its quasi-judicial role. There shall be no fee for filing an appeal
with the Board.
(3) The filing of the notice of appeal shall act as an automatic stay of enforcement of any
compliance deadlines until the Board makes its final determination. Upon making its final
determination and after it has been served on the appellant, the stay terminates and the violator
has the balance of the time left set forth in the notice. Failure to comply within this time period
may result in the issuance of a civil or criminal citation or the filing of a complaint and
abatement procedures subjecting the property owner and/or responsible party to liens and
possible foreclosure.
(4) Failure of a person to file an appeal shall constitute a waiver of the right to a hearing of the
appeal before the Board and such person shall be estopped to deny the validity of any order or
action of the city which could have been timely appealed.
(5) Once the Board has rendered its decision, a party may apply to the Superior Court within 30
calendar days for further appellate relief in accordance with the Arizona Rules of Procedure for
Special Actions. The filing of a special action will not stay enforcement of any notice unless
ordered by a court of competent jurisdiction.
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