HomeMy WebLinkAboutORD1554 ORDINANCE NO. 1554
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITY CODE, VOLUME I, CHAPTER 9: HEALTH AND SANITATION,
ARTICLE 9-1: PROPERTY MAINTENANCE STANDARDS, § 9-1-4
ENFORCEMENT AND ABATEMENT; 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 property
maintenance 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 1 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
That the existing Apache Junction City Code, Volume I,
Chapter 9: Health and Sanitation, Article 9-1 : Property
Maintenance Standards, § 9::-1--4 (C) (2) (c) Enforcement and
Abatement, be amended as follows:
(C) CivillCriminal citations and complaints.
(2) (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 II REPEALING ANY CONFLICTINGPROVISIONS
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herein by reference are hereby repealed.
ORDINANCE NO, 1554
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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 1, Chapter 1 : General,,
Article 1-1 : General, § 1-1-11 (A) Penaltv.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS 5TH DAY OF NOVEMBER, 2024 .
SIGNED AN TH D ATTESTED 'TO IS -3 DAY OF 2024 .
64
,4
WAITER "CHIP' WILSON
Mayor
ATTEST:
---'Z--JIrNNI FERJ/PENA
City Clerk J4
APPROVED AS TO FORM:
--4t 11 A--?---4-
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1554
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