HomeMy WebLinkAboutORD1485ORDINANCE NO. 1485
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITYCODE,VOLUME I,CHAPTER 7:BUILDINGS,BY
AMENDING CHAPTER 7 AND ADOPTING BY REFERENCE THAT
CERTAIN DOCUMENT ENTITLED "2020 AMENDMENTS TO THE
APACHE JUNCTION CITY CODE, VOL. I, CHAPTER 7:BUILDINGS,
ARTICLE 7-1:DIVISION OF BUILDING SAFETY AND INSPECTION
ADMINISTRATIVE CODE,§ 7-1-9 UNSAFE BUILDING OR UNSAFE
Property,AND §7-1-11 CONSTRUCTION STANDARDS FOR
MANUFACTURED HOME,MOBILE HOME,PARK MODEL,AND
RECREATIONAL VEHICLE STANDARDS;"REPEALING ANY
CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;
PROVIDING FOR PENALTIES AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS,Arizona Revised Statutes Annotated (hereinafter
"A.R.S.") § 9-276(14) allows cities and their governing bodies to
prescribe the thickness,strength and manner of constructing
stone, brick and other buildings; and
WHEREAS, A.R.S. §9-276(15) allows cities and their governing
bodies by ordinance,to prescribe special fire limits,within
general fire limits,requiring therein building material to be
used and additional precautions to be observed in the construction
of new buildings,and in the repairing and maintenance of
buildings,as may from time to time be designated for the
prevention of fires and the spread thereof; and
WHEREAS, A.R.S. §9-240(7) allows cities and towns to regulate
the construction of chimneys, furnaces and fireplaces; and
WHEREAS, A.R.S. §9-276(16) allows cities and their governing
bodies to define nuisances and to abate them; 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 three
paper copies or one paper copy and one electronic copy of the code
or public record are filed in the office of the city clerk of the
municipality and are made available for public use and inspection;
and
WHEREAS,Chapter 7 Buildings,of the Apache Junction City
ORDINANCE NO. 1485
PAGE 1 OF 4
Code, was amended in October 2000 by Ordinance No.1101, wherein
the mayor and city council adopted more current versions of certain
health, safety and welfare uniform codes; and
WHEREAS,Chapter 7 Buildings,of the Apache Junction City
Code, Vol. I, was amended in September 2006 by Ordinance No. 1273,
wherein the mayor and city council adopted more current versions
of certain health,safety and welfare uniform and international
codes; and
WHEREAS, Chapter 7:Buildings of the Apache Junction City Code
Volume I,was amended on June 18,2019 by Ordinance No.1475,
wherein the mayor and city council adopted more current versions
of certain health, safety and welfare uniform codes, international
codes and codes rewritten by their respective technical trade
associations to more currently reflect modern technological
advances and societal tolerances; and
WHEREAS,pursuant to A.R.S.§§9-801(1)and 9-802,codes
which may be adopted by reference include a compilation of rules
or regulations prepared by a technical trade association,and
includes,but is not limited to:any building,plumbing,
electrical wiring,health or sanitation,fire prevention,
flammable liquids code,or any other code which embraces rules
and regulations pertinent to a subject which is a proper subject
of municipal legislation; and
WHEREAS,City staff presented these amendments to the city
council at the council meeting on December 17, 2019; and
WHEREAS, due to industry concerns, the council continued the
public hearing to March 3, 2020.
NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
1.That the Apache Junction City Code, City Code Volume I, Chapter
7:Buildings,Article 7-1:Division of Building Safety and
Inspection Administrative Code,§ 7-1-9 Unsafe Building or Unsafe
Property,and § 7-1-11 Construction Standards for Manufactured
Home, Mobile Home, Park Model, and Recreational Vehicle Standards,
is hereby amended and is replaced with new provisions.
2.That certain document known as "City Code Volume I, Chapter
ORDINANCE NO. 1485
PAGE 2 OF 4
7:Buildings,Article 7-1:Division of Building Safety and
Administrative Code,§ 7-1-9 Unsafe Building or Unsafe Property,
and § 7-1-11 Construction Standards for Manufactured Home, Mobile
Home,Park Model,and Recreational Vehicle Standards,"at least
three paper copies or one paper copy and one electronic copy of
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.20-05 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 other 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 decisions shall not affect the validity of the
remaining portions thereof.
SECTION IV PROVIDING FOR PENALTIES
Any violation of any provision of this ordinance, or any provisions
adopted herein,shall be punishable as a class 1 misdemeanor
consistent with Apache Junction City Code,Vol.I,Chapter 1:
General,Article 1-1:General,Section 1-1-11,Penalty.
SECTION V ESTABLISHING AND EFFECTIVE DATE
The provisions of this resolution shall take effect on April 7,
2020.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF MaJteb3 , 2020.
SIGNED AND ATTESTED TO THIS S DAY OF 7 )10(ACi), 2020.
02JEST SER_
Mayor
ORDINANCE NO. 1485
PAGE 3 OF 4
ATTEST:
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1485
PAGE 4 OF 4
2020 Amendments to the Apache Junction City Code Volume I. Chapter 7:Buildings,Article 7-
1:Division of Building Safety and Inspection Administrative Code,§ 7-1-.9 Unsafe Building or
Unsafe Property.and § 7-1-11 Construction Standards for Manufactured Home, Mobile Home,
Park Model, and Recreational Vehicle Standards.
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CHAPTER 7
BUILI)INGS
Article
7-1.DIVISION OF BUILDING SAFETY AND INSPECTION ADMINISTRATIVE CODE
§ 7-1-9 Unsafe Building or Unsafe Property
(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 the notice was served. An appellate
hearing shall be scheduled by the building and safety manager or his or her designee before the development
services director 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 director may affirm, reverse or modify the notice. The director shall conduct the hearing as
quasi-judicial hearing. There shall be no fee for filing an appeal with the director.
(3) The filing of the notice of appeal shall act as an automatic stay of enforcement of any compliance
deadlines until the director 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 or a person to file an appeal shall constitute a waiver of the right to a hearing of the appeal
before the director 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 director has rendered its decision, a party may apply to the Superior Court within 30
calendar days for thrther 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.
§ 7-1-11 Construction Standards for Manufactured Home, Mobile Home, Park Model, and Recreational
Vehicle Standards
(A) Definitions.
ALTERATION. Any construction, renovation or reconfiguration of space, the addition or elimination of any
door or window, the reconfiguration or extension of any system, or the installation of any additional
equipment to an existing mobile home, manufactured home, park model or recreational vehicle other than a
repair or addition.
REHABILITATION. Work performed in accordance with the rules adopted by the Arizona Department of
Housing as referenced in A.R.S. § 41-4048(C).
(B) Manufactured homes. MIA installation shall comply with the requirements of Arizona Revised Statutes,
Title 41, Chapter 37, Article 3, §§ 41-4001 thru 4010. and Arizona Administrative Code, Title 4, Chapter 34,
§§ R4-34-101 thru 805. The references identified in R4-34-102 shall provide the code requirements for the
installation of attached accessory structures. Detached structures shall comply with the Technical Codes.
Reconstruction of a MH requires that plans for the reconstruction be submitted and a permit issued.
(1) MH installation outside of a manufactured home park or subdivision.
(a) Permits are required for all Mils and any additions thereto, to be installed. MEI installations on
vacant lots zoned RS -7M, RS -IOM. RS -20M, RS -54M and RS-GR are limited to homes titled not
more than two years prior to the year in which the permit is requested.
(b) Where an existing M11 or mobile home more than five years -old is being removed or demolished
on a lot in zoning RS -7M, RS-I0M, RS -20M, RS -54M, and RS-GR a MI -1 not more than five years-
old may be installed on that lot in compliance with this section.
(c) MEI installations on individual lots with RS -20M, RS -54M and RS-GR. zoning shall consist of the
following:
(2) MH installation in a manufactured home park.
(a) Permits are required for all Mlis and any additions thereto, to be installed. MH installations on
lots in MHP or RVP zoned parks are limited to homes that have affixed thereto a decal certifying that
the dwelling unit has been inspected and constructed in accordance with the requirements of the U.S.
Department of Housing and Urban Development ("HUD-) in effect at the date of manufacture
wherein such date shall not have been prior to June IS, 1976, or such other succeeding requirements
which replace HUD standards, and to homes that have been issued a certificate of compliance
showing that they have been rehabilitated pursuant to A.A.C. R4-34-606.
(b) MH installations in MHP and RVP parks, shall consist of the following:
(i) greater than a 400 square foot single wide MI -I;
(ii) a minimum of forty-eight square feet of accessory storage installed (not required when an
enclosed garage is built);
(iii) skirting;
(iv) a parking area a minimum of9 feet in width and 18 feet in length constructed with asphalt,
concrete or dust proof gravel that has clearly defined boundaries;
(C)Mobile homes.Work related to routine maintenance and repair, and work identified as exempt under §
7-1-6 (13) of this article, may be performed on existing mobile homes; this includes exemptions where
"manufactured home" is specified in the exemption. It shall be illegal, as punishable under A.J.C.C. Vol. 1, §
1-1-11, to reconstruct mobile home units (those built before June 15, 1976) in the City of Apache Junction.
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Repairs not identified as exempt from permits shall only be made to or done on mobile homes that have a
certificate showing they have been rehabilitated and a certificate of compliance has been issued per A.A.C.
R4-34-606. A mobile home that has not been rehabilitated or does not have the certificate of compliance
cannot be installed in the City of Apache Junction. Mobile homes, where reconstruction has occurred without
state approval and a permit for reconstruction issued by the City of Apache Junction, are declared unsafe and
shall be removed from the city or shall be demolished.
(D) Park Models and park trailers. Park model installation shall follow the manufacturer's installation
instructions or if the installation instructions are not available, the installation requirements for a model
similar in length, width and height. The PM shall be secured against overturning. Where temporary electrical,
water, and sewer connections are not provided with the unit, hard connections shall be made in accordance
with the Technical Codes. PMs will have properly installed skirting along all sides. To obtain a PM set
permit, properly licensed electrical, mechanical, plumbing and/or metal structure contractors shall be
identified when applying for the permit. PM installation or use is not allowed outside of approved recreational
vehicle parks or subdivisions, or manufactured home parks or subdivisions.
(I) Regardless of the age of the unit, permits are required for all PMs and any additions thereto, to be
installed. PM installations for PMs older than 15 years on lots in MHP or RVP zoned parks are limited
to PMs that have passed a one-time inspection by any certified HUD basic Housing Quality Standards
("HQS") inspector or Arizona licensed home inspector or its equivalent for units from outside the State
of Arizona.The purpose of the HQS inspection is to ensure that the PM is decent, safe, sanitary, and,
to the extent applicable to the size restrictions of PMs. meets the HUD basic HQS found in 24 CFR
Part 982 and modified herein and limited to the following HQS categories using a checklist provided
by the Building and Safety Manager:
(a) Sanitary facilities, food preparation and refuse disposal, space and security, thermal environment,
illumination and electricity, structure and materials, HVAC system, water supply, access, sanitary
condition, and smoke detectors.
(2) Allowable PM attached accessory structures shall be constructed per the following and the
Technical Codes:
(a) Metal awnings shall have a current evaluation report and current engineering.
(b) Patio enclosures shall comply with IBC Appendix I as adopted by this chapter.
(c) EIVAC systems shall be installed per the Technical Codes including the Mechanical Code and
Energy Code.
(d) Photovoltaic or solar water heating systems, when the manufacture has designed the PM to
support the installation of a photovoltaic or solar water heating system, and has made provisions for
connection of such system, the installation shall comply with the manufacturer's instructions and the
Technical Codes.
(3) Allowable PM detached accessory structures shall be constructed in compliance with the Technical
Codes.
(a) Allowable detached accessory structures include:
(i) storage rooms or sheds,
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(ii) engineered self-supporting shade structures (porches, carports, metal and non-metal
awnings)
(iii) habitable room additions not exceeding the square footage of the PM, and built per the
Residential Code or the Building Code.
Exception: In RV subdivisions, where the lot is owned and occupied by an individual or
individuals, the total enclosed square footage of the PM, any habitable additions, and any
storage buildings, shall not exceed 48% of the lot's total square footage.
(iv) decks, and,
(v) detached garages.
(4) PM locations, PM additions, and storage buildings must comply with all setbacks and may not
encroach into any required easement or the required clear space around a utility service or electrical
pedestal. In no case shall a PM or an addition be set or constructed closer than 6 feet to an existing PM
or enclosed structure on another lot, unless a less restrictive setback requirement exists for MI -I or RV
parks that have established legal nonconforming rights.
(5)PMs may not be altered from their original layout and cannot be altered, modified or reconstructed
from their original condition. Repair or replacement of service equipment like air conditioning, hot
water heaters, etc. shall be with equivalent type and size, and with the same or less electrical or gas
demand, as the original equipment. The installing of a water heater unit on the exterior ola PM is
prohibited. The installation of a larger water heater requires a permit, and the water heater must be
installed inside a permitted and approved detached accessory structure, and the installation, electric, gas
and/or plumbing shall comply with the Technical Codes. PMs manufactured with duct work and
intended to be connected to a package unit are acceptable. The installation of exterior plaster (stucco).
stone veneer, and brick veneer to a PM is prohibited. The original PM manufacturer can alter the
exterior of an existing PM model after submitting a letter for a specific site and specific PM with
specifications showing the PM model will still comply to the standard under which it was built, to the
division of building safety and inspection.
(E) Recreational vehicles, motor homes, and travel trailers. RVs, motor homes and travel trailers cannot be
altered, modified or reconstructed from their original condition. Repair or replacement of service equipment
like air conditioning, hot water heaters. etc. shall be with the same type and size, electrical or gas demands as
the original equipment. The installing of a water heater unit on the exterior of an RV, motor home or travel
trailer is prohibited. The installation of a larger water heater requires a permit, and the water heater must be
installed inside a permitted and approved detached accessory structure, and the installation and plumbing
shall comply with the Technical Codes. No additions or permanent attachments shall be made to a 5th wheel,
motor home or travel trailer.
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