HomeMy WebLinkAboutORD1483ORDINANCE NO. 1483
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, REPEALING IN ITS ENTIRETY AND
REPLACING APACHE JUNCTION CITY CODE, VOL. I, CHAPTER 9:
HEALTH AND SANITATION,ARTICLE 9-5:COLLECTION OF
RESIDENTIAL SOLID WASTE,AND ADOPTING BY REFERENCE THAT
CERTAIN DOCUMENT ENTITLED "2019 AMENDMENTS TO APACHE
JUNCTION CITY CODE,VOL.I,CHAPTER 9:HEALTH AND
SANITATION,ARTICLE 9-5:COLLECTION OF RESIDENTIAL SOLID
WASTE";REPEALING ANY CONFLICTING PROVISIONS;AND
PROVIDING FOR SEVERABILITY.
WHEREAS,the current version of the code was amended on
January 3,2006 by Ordinance No.1255 and on April 7,2009 by
Ordinance No. 1329; and
WHEREAS,provisions relating to collection of residential
solid waste have been found to be in need of updating in order to
be consistent with other municipalities in the Phoenix metropolitan
area; and
WHEREAS,on October 14,2019, and on November 4,2019,the
mayor and city council held a work session to discuss staff
proposed changes to the current health and sanitation code; and
WHEREAS, on November 6, 2019, a community open house was held
to fully discuss the contents of the proposed changes to the health
and sanitation code with a presentation by staff and an opportunity
for comments by members of the public; and
WHEREAS, Resolution No.19-30 declares as public record the
document entitled "2019 Amendments to Apache Junction City Code,
Vol. I, Chapter 9:Health and Sanitation,Article 9-5:C -ollection
of Residential Solid Waste";and
WHEREAS, A.R.S. § 9-802 permits municipalities to enact the
provisions of a code or public record theretofore in existence
without setting forth such provisions in full text as long as the
adopting ordinance is published in full text and at least one paper
copy of the code changes or public record are filed in the office
of the clerk of the municipality and one electronic copy is
accessible on the city's website and made available for public
inspection; and
WHEREAS,pursuant to A.R.S.§§ 9-801(1)and 9-802,public
records which may be adopted by reference include those relating to
ORDINANCE NO. 1483
PAGE 1 OF 3
health and sanitation.
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 "2019 Amendments to Apache Junction
City Code, Vol. I, Chapter 9:Health and Sanitation,Article 9-5:
Collection of Residential Solid Waste",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.19-30 of the City of 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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS ;DAY OF))/co nn ilir-
2019.
SIGNED AND ATTESTED TO THIS DAY OF --).pci„ b t,-,2019.
JEFF SERDY
Mayor
ORDINANCE NO. 1483
PAGE 2 OF 3
ATTEST:
JENNZFER PIZNA
Cler
APPROVED AS TO FORM:
C4f, 2 4419
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1483
PAGE 3 OF 3
ARTICLE 9-5: COLLECTION OF RESIDENTIAL SOLID
WASTE
Section
9-5-1 Legislative Purpose
9-5-2 Jurisdiction
9-5-3 Definitions
9-5-4 Residential Solid Waste Collection Contractor
9-5-5 Vehicle and Collection Equipment Maintenance
9-5-6 Changes in Market Conditions
9-5-7 Residential Solid Waste Collection Requirements
9-5-8 Preparation of Solid Waste Collection
9-5-9 Spilling of Solid Waste during Transport
9-5-10 Use of Another's Receptacle
9-5-11 General Resident Responsibilities
9-5-12 Hazardous Waste and Special Refuse
9-5-13 Permitted Days and Hours of Collection
9-5-14 Receptacles: Standards for Placement, Removal, and Storage; Exemptions
9-5-15 Inspections
9-5-16 Enforcement and Penalties
O.§ 9-5-1 LEGISLATIVE PURPOSE.
The purpose of this article and the regulations contained herein is to regulate the collection of
residential solid waste to: (i) promote the public health, safety and general welfare of the city and
its citizens; (ii) avert and mitigate any detrimental effects associated with the accumulation of
trash, illegal dumping, insufficient solid waste collection receptacles, substandard collection
vehicles and/or equipment.
Q §9-5-2 JURISDICTION.
Pursuant to A.R.S. §§ 49-704 and 49-765, the city manager or designee is authorized to
implement and enforce the provisions of this article.
Q§ 9-5-3 DEFINITIONS.
For the purpose of this article, the following definitions shall apply unless the context clearly
indicates or requires a different meaning:
BULK WASTE -Any waste material too large, based on size or volume, for deposit in an
approved solid waste container or recycling container (if provided) such as, but not limited to:
yard waste, household or outdoor furniture, cardboard, and large appliances, not including any
other unacceptable residential solid waste as defined in this article.
COLLECTION -The scheduled pickup of solid waste, recyclables, and bulk waste.
COLLECTION RECEPTACLE -A 96 -gallon solid waste or recycling receptacle.
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COLLECTION SERVICES -Curbside pick-up of solid waste, recyclable materials, and bulk
waste.
CONTAMINANT —Something that contaminates, spoils, pollutes or makes unclean and unfit
for use.
CONTRACTOR -A legal entity that collects solid waste pursuant to award of the contract by
the city.
COVERED RESIDENCES -Refers to any residential property or properties that are located
within the Apache Junction city limits including single family, duplexes, triplexes and four-
plexes as interpreted by the Zoning Administrator.
GARBAGE -Every accumulation of animal, vegetable or other matter that: 1) results from the
preparation and consumption of edible foodstuffs; 2) results from the decay or storage of meats,
fish, fowl, or vegetables, inclusive of the cans, containers or wrappers of such materials; and 4)
any waste, material for where there is not currently or feasible collection system available.
HAZARDOUS WASTE -Any discarded material hazardous by reason of its pathological,
explosive, flammable, radiological, corrosive, reactive or toxic nature, and any material that can
cause damage or injury to property or persons to include, but not limited to: any chemical,
compound, mixture, substance, product or other material which is a hazardous waste pursuant to
A.R.S. § 49-921 (5) as may be amended from time to time, and as identified by the U.S
Environmental Protection Agency.
LIVESTOCK, LARGE -Cattle, oxen, horses, mules, donkeys, alpaca, llama, sheep, goats or
similar sized hoofed animals weighing in excess of 75 pounds.
LIVESTOCK, SMALL -Rabbits, potbellied pigs, parrots, pigeons, ducks, hens (not roosters),
geese or similar sized animals weighing less than 75 pounds.
MANURE —Refuse of stables, yards, corrals or barnyards consisting of animal, livestock or
fowl excreta.
NOTICE -A written instrument served by the city which indicates the process to be followed in
order to comply with this article.
PERSON -Any individual, firm, corporation, association or group or any combination thereof
acting as a unit.
HOUSEHOLD PETS —Dogs, cats, hamsters, guinea pigs, ferrets, gerbils, turtles and tortoises
(except for illegal desert native species), lizards, canaries, parakeets, and any other domesticated
animal cared for by a responsible party and not for the consumption of food.
PUBLIC WORKS DIRECTOR -The head of the city's public works department or designee
thereof.
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RESIDENTIAL SOLID WASTE -Any garbage, trash, refuse, including solid, liquid, semi-
solid liquid, or semi -solid or contained gaseous material, and any recyclable material collected
from any structure or premises used as a domicile, dwelling or habitation, including single
family, duplexes, triplexes and four-plexes.
RECYCLABLE MATERIAL OR RECYCLABLES -Any solid waste separated from other
solid waste for the purpose of being recycled which might include, but is not limited to:
newsprint, printed material, pasteboard, paper and beverage containers, wood, metals, plastics,
glass, cardboard and paper.Contractor shall provide a list of acceptable items for recycling
collection which may be subject to change due to market conditions.
RECYCLING -The process of collecting, separating, cleansing, treating and reconstituting
post -consumer materials that would otherwise become solid waste and returning them to the
economic stream in the form of raw material for reconstituted products which meet the quality
standards necessary to be used in the marketplace.
RESPONSIBLE PARTY -Any person, owner, occupant, lessor, lessee, manager, licensee,
tenant, inhabitant or other person having care and control over a structure or parcel of land that
generates solid waste or recycling material.
SOLID WASTE -Any accumulation of putrescible and non-putrescible, solid and semi -solid
material to include trash, refuse, litter or garbage.
SOLID WASTE GENERATOR -Property owner, occupant, lessor, lessee, manager,
responsible party, or tenant that generate solid waste, as defined in this article, on the premises of
the property.
TAGGING -Placement of a tag or label on receptacles with details of violation.
UNACCEPTABLE WASTE - (1)hazardous waste; (2) radioactive, volatile, corrosive, highly
flammable, explosive, biomedical, infectious, biohazardous or toxic waste as defined by
applicable law; or (3) any otherwise regulated waste.
WHITE GOODS -Discarded appliances including refrigerators, freezers, oven ranges, water
heaters, dishwashers, washers, dryers, trash compactors, window unit air conditioners,
evaporative coolers, water softeners and other similar large residential appliances.
YARD WASTE -Organic yard waste from maintenance activities including but not limited to:
brush, grass and vegetation clippings, weeds, twigs, leaves, limbs, branches, stumps, trunks from
trees, and palm fronds.
§ 9-5-4 RESIDENTIAL SOLID WASTE COLLECTION CONTRACTOR.
The contractor that is awarded a contract by city council may collect residential solid waste
within the city limits provided it complies with the provisions of this article, the city contract,
request for proposals, and other applicable city regulations, including but not limited to,
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possessing a current valid city business license and current valid sales tax license and paying all
applicable transaction privilege taxes pursuant to Apache Junction City Code, Vol. I, Chapter 8,
and Apache Junction City Tax Code, Chapter 8A.
0 §9-5-5 VEHICLE AND COLLECTION EQUIPMENT MAINTENANCE.
(A)All vehicles and collection equipment used for residential solid waste collection shall be
maintained, be of readily cleanable construction and watertight, and shall comply with all
applicable federal, state and local regulations. In addition, all drivers of residential solid waste
collection vehicles shall be licensed in accordance with all applicable laws.
(B)The outside of each vehicle must be clearly identified with the contractor company name,
logo and vehicle identification number.All vehicles must be kept in sanitary condition and in
good repair.Hydraulic/oil fluid leaks must be monitored and corrected daily.
0 §9-5-6 CHANGES IN MARKET CONDITIONS.
If market conditions improve to a mutually agreed upon level, the city and contractor agree to
meet in good faith to determine any necessary update on the rate of recycling services.However,
if market conditions develop that limit or inhibit contractor or a third -party processor from
selling some or all of the recyclable material, contractor may at its option and upon submittal of a
written request to city: (i) redefine what is acceptable and unacceptable recyclable materials; (ii)
suspend or discontinue any or all recycling services; or (iii) dispose of the acceptable recyclable
material in a landfill and update the pricing to city accordingly.Any such actions, if taken, shall
be mutually agreed upon by city and contractor and may be reversed or further changed as
market conditions dictate.
0 §9-5-7 RESIDENTIAL SOLID WASTE COLLECTION
REQUIREMENTS.
(A) Covered residences are required to subscribe to a weekly solid waste collection service
provided through a contract with a contractor as awarded by city council and the residents
thereon shall pay the cost of such collection services to the contractor.Failure to subscribe shall
be addressed pursuant to section 9-5-16.
(B) Upon determination of eligibility by the city manager or designee, subsection 9-5-7 (A) shall
not apply to homes where a homeowner association ("HOA") has a contract in place that was
entered into prior to the effective date of the contract awarded by the city council for collection
of residential solid waste. If deemed eligible, the date upon which subsection 9-5-7 (A) will
become effective for each such home shall be the date of expiration for the HOA contract. To be
eligible for delayed weekly collection service the HOA must provide a fully -executed and valid
copy of the contract to the city manager or designee.
0 §9-5-8 PREPARATION OF SOLID WASTE FOR COLLECTION.
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(A)The contractor will only collect solid waste that is properly prepared for pick up as described
in the below subsections.
(B) Solid waste shall be prepared for pick up as follows:
1)Collection receptacles shall be used for curbside collection of residential waste.
2)Garbage must be drained of liquids and shall be placed in plastic bags and tied before
being placed in receptacles.
3)Solid waste shall be placed in solid waste receptacles only.
4)Residential customers may dispose of yard waste in solid waste receptacles as long as
there is room for the regular solid waste and such material does not interfere with
emptying of the solid waste receptacle in any way.
5)The contents of an individual solid waste receptacle shall not exceed 200 pounds.
6)Waste from small livestock and household pets shall be placed in a bag, securely tied
and placed in the solid waste receptacle.For questions on other animal waste
disposal options, residents may contact contractor.
(C)Recyclables shall be prepared for pick up as follows:
1)Recyclables shall be free of contaminants and must be reasonably clean, empty, dry
and loose, and shall not be bagged or put in a sealed box when placed in recycling
receptacles.
2)Only recyclables may be placed in recycling receptacles.Large boxes and cartons
shall be cut up or collapsed before being placed in the receptacle.
3)Recycling collection services will only collect recyclables contained in the
receptacles.
4)Shredded paper can be placed in receptacles unbagged.
(D)Bulk Trash shall be prepared for pick up as follows:
1)Bulk trash is collected on an on -call basis once a month.
2)A pile up to four (4) feet by four (4) feet by eight (8) feet and shall be considered a
single load of bulk trash.Larger amounts or additional scheduled bulk pick-ups in
the same month shall be subject to an additional fee.
3)Sticks/branches/vegetation must be bundled.Dimensions of bundles not to exceed
five (5) feet in length by twelve (12) inches in diameter.
4)Bulk trash shall be placed on private property within plain view as seen from the
public right-of-way for pick up no earlier than the day immediately preceding the
designated collection day.
5)Items must be placed parallel to the street adjacent to the owner's property line for
collection.
6)Bulk trash may not be placed on sidewalks, curbing or public right-of-way in any
manner as to interfere with or be hazardous to pedestrians or vehicles, or with any
mechanized collection vehicle.
7)Appliances, air conditioners and other items that involve refrigerant will not be
accepted as part of the bulk trash service.
8)Items not accepted for collection will be left and include: material resulting from
construction, repair or demolition of the premises; large auto parts; tires; used oil;
rocks, soil -like and concrete materials; and unbagged or loose cactus, leaves and grass
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clippings.These items shall be disposed of in a landfill by the responsible party or
can be disposed of in a manner recommended by the contractor.
9)Century plants, cacti and similar plants that could harm collection employees shall be
contained in cardboard boxes with a total weight not to exceed forty (40) pounds per
box.
§9-5-9 SPILLING OF SOLID WASTE DURING TRANSPORT.
(A) It is unlawful for any person to haul, or cause to be hauled, on or along any public street,
right-of-way or alley in the city, any solid waste or recyclables unless such material is contained
in the vehicle or receptacle in a manner that prevents the contents from falling out, leaking or
spilling, and prevents obnoxious odor from escaping.If any solid waste or recyclables fall out,
leak or spill, such hauler shall immediately clean up the refuse, recyclables or liquid.
(B)Failure to properly secure a load and any covering of the load to prevent the covering or
load from becoming loose, detached or in any manner a hazard to other users of the roadway
could result in a violation of A.R.S § 28-1098 or applicable city codes which may be amended
from time to time.
§9-5-10 USE OF ANOTHER'S RECEPTACLE.
It is unlawful for any person to deposit, or cause to be deposited, any solid waste or recyclables
in any collection receptacle not assigned to that person by the contractor.
§9-5-11 GENERAL RESPONSIBLE PARTY RESPONSIBILITIES.
1)Provide for the collection, control and disposition of solid waste in or upon any and all
premises owned, leased or occupied by or for them.
2)Keep lids for collection receptacles down in a closed position at all times in order to
prevent flies, except when a collection receptacle is being filled, emptied or cleaned.
3)Maintain collection receptacles to accommodate the solid waste and recycling disposal
needs of such residence.
4)Maintain collection receptacles in good repair and in sanitary condition, free of any
markings or decals not placed on the receptacles by the city or contractor.Receptacles
that have become unserviceable due to ordinary wear and tear will be replaced by the
contractor at no cost to the customer.If receptacles supplied by the contractor require
repair or replacement for reasons due to customer tampering or mishandling, the cost of
such work may be charged to the customer.
§9-5-12 HAZARDOUS WASTE AND SPECIAL REFUSE.
(A)No person shall deposit or cause to be deposited in any collection receptacle dangerous or
hazardous waste that may damage the collection equipment or be a threat to the health,
safety and welfare of the collection employees or general public.
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(B) Hazardous waste shall be placed in an appropriate, closed container and plainly and properly
marked in accordance with applicable law and industry standards.For questions on
hazardous waste disposal, residents may call the city's public works director or designee.
(C) Explosives such as firearms, ammunition, souvenirs or explosive items or powder of any
kind and highly flammable materials shall not be placed in any collection receptacle.For
questions on explosives disposal, residents may call the city's police department.
(D) Acids, caustics and rapid oxidizers, including chemicals used in swimming pools, shall not
be disposed of in collection receptacles.For questions on chemicals disposal, residents may
the city's public works director or designee.
(E) Dead large livestock may not be placed in plastic bags, tied and placed in a solid waste
receptacle. For questions on large animal disposal options, residents may call the paws and
claws center as a resource.
(F) For questions on disposal of dead animals in the public right-of-way, residents may call the
city's police department for assistance.
(G)Medical sharps may not be placed in collection receptacles. For disposal options, residents
may call the city's police department.
(H)Lead acid batteries, such as automobile or other vehicle batteries, shall not be disposed of in
collection receptacles.For disposal options, residents may call the public works director or
designee.
(I)Waste soil, sand, concrete, masonry block, rock and similar materials shall not be placed in
a collection receptacle nor stored in the right-of-way and shall only be disposed of in a legal
manner by the responsible party.
(J)Warm or hot coals or ashes shall not be placed in any collection receptacle.
(K)Manure may not be placed in the regular solid waste or recycling collection receptacles.For
disposal options, residents may call the contractor or the city manager's office.
Li § 9-5-13 PERMITTED DAYS AND HOURS OF COLLECTION.
(A)Residential solid waste shall be collected at a minimum once per week, but no more than
twice per week. Recycling shall be collected no more than once a week. The contractor may
collect recyclable materials from the same customer on the same day as residential solid waste.
Collection may take place between the days of Monday through Friday. Where such collection
day(s) falls on a federal or state holiday, the contractor shall communicate to customers the
changes in the scheduled pickup due to a holiday as waste must still be collected that week.In
the event of changes in the scheduled pick up due to inclement weather related events the
contractor shall also communicate to customers the changes in the scheduled pickup.
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(B)Residential solid waste shall be collected between the hours of 6:00 a.m. and 6:00 p.m.
mountain standard time ("MST"), on authorized collection days referenced in subsection (A) of
this section. In the case of an emergency, the contractor may request extended hours. Such
request must be submitted to the public works director or designee, and, if subsequently
approved, the contractor must within 24 hours thereafter submit a written request to the public
works director or designee substantiating the need for the extended hours.
(C)Nothing in this article restricts the city from allowing special collection days in connection
with community cleanup programs, bulk, recyclables, or white goods.
1:1§9-5-14 RECEPTACLES; STANDARDS FOR PLACEMENT,
REMOVAL, AND STORAGE; EXEMPTIONS.
(A)All receptacles used by covered residences to store residential solid waste and for collection
thereof shall be constructed out of plastic and have a capacity of 96 gallons. Upon agreement
between the contractor and the responsible party of a multi -family dwelling unit a dumpster may
be used instead of individual receptacles. On all receptacles there shall be identifying marks with
the name of contractor. It is unlawful to place residential solid waste outside of the appropriate
receptacles awaiting collection, even if contained in plastic bags, paper boxes or other
receptacles.
(B) Residential solid waste receptacles shall be placed for collection as follows:
1)All residential solid waste receptacles shall be located, positioned, and placed for
collection in a manner to facilitate the safe handling of receptacles by contractor vehicles
according to the following:
a.Solid waste receptacles must be placed in front of the property of the solid waste
generator.
b.Solid waste receptacles must not be located more than six inches from the edge of
the street.
c.Solid waste receptacles must not be located on sidewalks.
d.Solid waste receptacles must not obstruct any mailboxes, fire hydrants, or the
entrance/exit to any unassociated properties.
e.Solid waste receptacles lids must be closed to avoid the generation of windblown
refuse or nuisance vectors.
f.City shall not be responsible for damage to or loss of receptacle.
2)Residential solid waste collection receptacles shall be placed at the curb in front of the
premises, except that at any corner lot, such receptacles shall be placed at the curb of the
side street. Receptacles may be positioned curbside beginning at 4:00 p.m. the day before
collection, but must be removed no later than 6:00 a.m. after the day of collection.
Receptacles shall not be placed on sidewalks, curbs or anywhere within the public right-
of-way (except as described in (B)(1)(a) and (b) of this section on collection days only),
in a manner so as to interfere with or be hazardous to pedestrians, vehicles or other
residences or other structures.
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3)To prevent residential solid waste receptacles from being left on the street or easily
visible in yards from the street, receptacles shall be placed in or to the side of a garage,
carport, residential unit, in the backyard, behind a fence or natural landscaping,
decorative screen wall or other structure, to conceal from public view as much as
possible.
(C)EXEMPTIONS -With the exception of subsection (B)(1), the provisions do not apply to
mobile/manufactured home/recreational vehicle, trailer parks/subdivisions in which a common
receptacle is placed, maintained or is otherwise controlled or provided by the operator, manager
or homeowner's association of the park or subdivision, provided such receptacle is located within
the boundaries of the park or subdivision and is not located within the city's right-of-way.
§9-5-15 INSPECTIONS.
The city manager or designee may conduct inspections in response to reports of violations of this
article, within the daily duties of their job requirements, or with reasonable cause that a violation
has occurred or is occurring. The city shall seek voluntary compliance prior to issuing a notice of
violation.Voluntary compliance may be sought by notifying a responsible party stating the
violation by tagging a collection receptacle, or by personal delivery, or by first class U.S. mail.
For the purpose of investigation of violation(s), enforcement officer(s) or city representatives
may only inspect private residential property with the responsible party's consent. In the event
that access is denied or cannot be reasonably obtained, private residential property can only be
entered with a court -ordered warrant.
§9-5-16 ENFORCEMENT AND PENALTIES.
(A) Contractor shall notify each responsible party of the subscription requirements, to include all
fee plans and options.The notice shall be in writing sent by first class U.S mail.Once
subscription is secured, contractor shall provide waste and recycling services.
(B)Failure of a responsible party to subscribe to residential solid waste collection services shall
be pursued by the contractor in writing by certified mail/return receipt requested and first class
U.S. mail to the responsible party and notification shall be made to the city manager or designee
on a quarterly basis.
(C)Failure of a responsible party to comply with this or any other provisions of this article may
be issued a notice of violation by certified mail/return receipt requested and first class U.S. mail
by the city containing the following information:
1)Identification of property in violation.
2)Detailed statement of violation in reference to article provisions.
3)Date violation occurred.
4)Business contact information of the citing officer or official.
5)The action required to come into compliance.
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6)Time period to come into compliance and re -inspection date (minimum grace period of 14-
calendar days).
7)Consequences for continued non-compliance.
(D) Should the responsible party fail to comply, the city manager or designee may direct
compliance as per subsection (E).
(E)Civil citations may be pursued only after the notice set forth in subsection (C) has been
refused, ignored, or full compliance has failed.
(F)The following process shall be followed to gain compliance with this article:
1)If the responsible party fails to comply with a 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 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 or designee shall be responsible for filing civil and criminal citations
with the municipal court with the following minimum penalties:
a.First offense during a 24 -consecutive month period: civil penalty of $350;
b.Second offense during the same 24 -consecutive month period: civil penalty of
$600;
c.Third offense and subsequent offenses within the same 24 -consecutive month
period: class 1 misdemeanor criminal fine of not less than $1,000 up to
$2,500, and other penalties as a result of the conviction.
3)The 24 -consecutive month period shall be calculated from when the first violation is
committed.The responsible party shall receive the progressively higher civil penalties
noted above in (F)(2).In no event shall the court reduce the minimum dollar penalties
referenced above.A criminal case shall only be filed only after two civil violations of the
same type have been committed within the 24 -consecutive month period.
4)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 that 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.
(G) Civil and criminal hearing procedure.A person lawfully served with a civil citation or
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/trial.Civil hearings are to be
held informally and held without a jury, and the city is required to prove the allegations by a
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preponderance of the evidence.Technical rules of evidence do not apply, except for statutory
provisions related 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.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 civil penalties and criminal fines referenced above and other appropriate
terms/conditions.
(H)Appeal of civil/criminal court hearing/trial.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.
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