HomeMy WebLinkAboutORD1555 ORDINANCE NO. 1555
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 :
ZONING ORDINANCE, BY REPEALING AND REPLACING ARTICLE
1-16: ADMINISTRATION, §§ 1-16-16 (D) (6) and (F) (1)
VIOLATI5N—S, PENALTIES AND ENFORCEMENT; REPEALING ANY
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR PENALTIES.
WHEREAS, on August 5, 2024, the city council gave direction
to staff to compare zoning and property maintenance code penalties
and to assess functionality of both; and
WHEREAS, on September 24, 2024, the planning and zoning
commission voted 6: 0 to recommended not changing the zoning
penalty fees on a first-, and second violation, but recommended
amending the penalty fee of a third offense within 24 months of
the first violation to a class 1 misdemeanor with a penalty fee
not to exceed $2500; and
WHEREAS, on October 14, 2024, the city council met to discuss
the recommendations and gave staff direction to match the penalty
fees, but also make the third offense within 24 months the first
violation a class I misdemeanor with a penalty fee not to exceed
$2500 .
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 existing Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-1-6—*
Administration, 1-16-16 (D) (6) , Enforcement Procedures for
Non-emeEgeacj�Matters, be amended as follows:—-----
(6) A warning that failure to comply may result in the
filing of a civil or criminal- misdemeanor case.
2) That existing Apache Junction City Code, Volume II, Land
Chapter 1: Zoning Ordinance, Article 1 16.
Administration, § 1-16-16 F) ( 1) , Civil Citations and
Complaints, Penalties, be amended as follows:
(F) Civil citations and complaints.
(1) Penalties.
(a) First offense during 24 consecutive month period: civil
penalty of $350;
ORDINANCE NO. 1555
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(b) Second offense during 24 consecutive month period:
civil penalty of $600;
(c) Third offense and subsequent offenses within 24
months of first offense: criminal fine not to exceed
$2500, and other criminal penalties as a result of a
class 1 misdemeanor conviction.
SECTION IT 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 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 II, Chapter 1 : q2DLln_g
Ordinance, Article 1-1 : IntroduSjtor Prove.sons, § 1-1-7 General
Penalty.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF 'THE CITY OF
APACHE JUNCTION THIS 5TH DAY OF NOVEMBER, 2024 .
SIGNED AND ATTESTED TO THIS DAY OF 2024 .
WALTER "CHIP" 'WILSON
Mayor
ATTEST:
E Nt I 4FE PENA
City Clerk
APPROVED AS TO FORM:
It' Lf-2-Y
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1555
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