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HomeMy WebLinkAboutORD1043ORDINANCE NO.1043 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 3 ADMINISTRATION,ARTICLE 3-5 DEPARTMENT OF PUBLIC WORKS,SECTIONS 3-5-2 DIVISIONS OF DEPARTMENT AND SECTION 3-5-3 POWERS AND DUTIES;ADDING A NEW SECTION 3-5-5 DIVISION OF ENGINEERING;AMENDING AND RENUMBERING EXISTING SECTION 3-5-5 ASSIGNMENT AND CUSTODY OF PHYSICAL PROPERTIES; RENUMBERING EXISTING SECTION 3-5-6 ADVICE AND ASSISTANCE; AMENDING ARTICLE 3-9 DEPARTMENT OF DEVELOPMENT SERVICES, SECTION 3-9-2 DIVISIONS OF DEPARTMENT;SECTION 3-9-3 POWERS AND DUTIES;SECTION 3-9-4 DIVISION OF BUILDING INSPECTION AND ZONING COMPLIANCE;SECTION 3-9-5 DIVISION OF PLANNING: REPEALING SECTION 3-9-6 OFFICE OF ECONOMIC DEVELOPMENT,AND SECTION 3-9-7 OFFICE OF HOUSING REHABILITATION AND GRANTS; ADDING A NEW SECTION 3-9-6 DIVISION OF CODE COMPLIANCE; REPEALING IN ITS ENTIRETY ARTICLE 3-12,DEPARTMENT OF ENGINEERING;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code Chapter 3 Administration be amended to read as follows: ARTICLE 3-5 DEPARTMENT OF PUBLIC WORKS 3-5-2 Divisions of Department 3-5-3 Powers and Duties 3-5-5 Division of Engineering 3-5-6 Assignment and Custody of Physical Properties 3-5-7 Advice and Assistance SECTION 3-5-2 Divisions of Department There is hereby created within the Department of Public Works,the Division of Operations and the Division of Engineering.Division superintendents and section heads shall be appointed and removed by the Director of Public Works subject to the ratification of the City Manager ORDINANCE NO.1043 PAGE 1 OF 5 and provisions of Article 3-10 of the Code as it now exists or may be hereafter amended. SECTION 3-5-3 POWERS AND DUTIES In addition to those duties set forth in this Article,the Department of Public Works shall have charge of and supervision over the care, maintenance,design,inspection and construction of all streets, sidewalks,alleys and public ways;the design,inspection,construction, operation and maintenance of all storm water and sanitary sewer systems and facilities,and all street gutters,drains,drainageways,water and wastewater treatment facilities,improvement districts,easements and the appurtenances thereto;the care,maintenance and construction of all public buildings;the operation,maintenance and construction of all other public works projects and improvements within the jurisdiction of the City.The Department of Public Works may also be responsible for the construction of all streets,sidewalks,alleys,public ways, sanitary sewers,street gutters,drains,drainageways,wastewater treatment facilities,improvement district easements and appurtenances thereto. SECTION 3-5-5 Division of Engineering The Division of Engineering shall be responsible for the design and inspection of all city streets,sidewalks,alleys and public ways,storm water and sanitary sewer system and facilities,street gutters,drains, drainageways,water and wastewater treatment facilities,improvement districts,easements and the appurtenances thereto,and administration of Article 13-3,Encroachment Permits. SECTION 3-5-6 Assignment and custody of Physical Properties: All physical properties of the city,including any municipal utilities, systems and facilities and those physical properties not assigned to some other department or officer,shall be assigned to the Department of Public Works.The Department of Public Works shall be the custodian of all tools,equipment and other municipal property assigned to the Department of Public Works. SECTION 3-5-7 Advice and Assistance The Department of Public Works shall provide technical and operational advice and assistance to,and cooperate with,all other departments, boards,commissions,offices or other official entities of the city. ORDINANCE NO.1043 PAGE 2 OF 5 ARTICLE 3-9 DEPARTMENT OF DEVELOPMENT SERVICES 3-9-2 Divisions of Department 3-9-3 Powers and Duties 3-9-4 Division of Building Safety and Inspection 3-9-5 Division of Planning 3-9-6 Division of Code Compliance SECTION 3-9-2 Divisions of Department There are hereby created within the Department of Development Services the Divisions of Building Safety and Inspection,Division of Planning, and Division of Code Compliance.Division managers and assigned staff shall be appointed and removed by the Director of Development Services subject to the ratification of the City Manager and the provisions of Article 3-10 of the Code as it now exists or may be hereafter amended. SECTION 3-9-3 Powers and Duties In addition to the duties set forth in this Article the Department of Development Services shall have responsibility to perform the duties of zoning administrator,flood plain administrator,executive secretary to the Board of Adjustment,Planning and Zoning Commission,Construction Code Board of Appeals,and the Economic Development Commission and other City boards,commissions and committees as directed;the Department shall have charge of and supervision over the maintenance of City building codes,general plan,zoning and subdivision ordinances,and other official plans,codes,and documents as assigned;the maintenance of all departmental records as required by Arizona Revised Statutes Section 41-1346 et.Seq.,and the enforcement of a records retention and destruction program as required by law;the review of all plans submitted for the development and/or construction of City streets, sidewalks,alleys and public ways,storm water and sanitary sewer systems and facilities,all street gutters,drains,drainageways,water and wastewater treatment facilities,improvement districts,easements and appurtenances thereto;the planning,organizing,directing and coordinating of the City's economic development program;and the writing and managing of grants,and providing housing and housing rehabilitation services if such programs and services exist. ORDINANCE NO.1043 PAGE 3 OF 5 SECTION 3-9-4 Division of Building Safety and Inspection The Division of Building Safety and Inspection shall be managed by the Building Official,who is responsible for exercising the powers and duties of the Building Official as defined in the Uniform Building Code as adopted by the City or hereafter amended;enforcing all applicable City ordinances and codes,including State and Federal laws relating to buildings;ordering all work stopped on the construction,alteration,or repair of buildings in the City when such work is being done in violation of any provision of any code or ordinance related thereto; and for purposes of inspection,making or causing entry into any building or premises where alteration,repairing or construction of any building or structure is occurring. SECTION 3-9-5 Division of Planning The Division of Planning shall be responsible for receiving and processing development site plans,zoning amendment requests,pre- application,preliminary and final subdivision plats,and other such items as are appropriate and presenting them to the Planning and Zoning Commission;receiving and processing petitions for variances,special exceptions and appeals or interpretations and presenting them to the Board of Adjustment;and preparing notices of public hearings for publication,preparing meeting agendas,recording meeting minutes and maintaining records for the Planning and Zoning Commission and the Board of Adjustment,and notifying applicants of the results of such hearings. SECTION 3-9-6 Division of Code Compliance The Division of Code Compliance shall be responsible for inspection, investigation and enforcement of all laws relating to zoning compliance, property maintenance,and abandoned vehicles. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. ORDINANCE NO.1043 PAGE 4 OF 5 SECTION III PROVIDING FOR SEVERABILITY If any section,subsection,sentence,phrase,clause or portion of this ordinance,or any part of the code 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 EMERGENCY CLAUSE It being necessary for the preservation of the peace,health,and safety of the City of Apache Junction,Arizona,that this ordinance become effective immediately,an emergency is hereby declared to exist and this ordinance shall be effective immediately upon passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APPACHE JUNCTION,ARIZONA,THIS 21ST DAY OF JULY ,1998. SIGNED AND ATTESTED TO THIS 22ND DAY OF JULY DOUGLAS COLEMAN MAYOR ATTEST: KATHLEEN CONNELLY CITY CLERK APPROVED AS TO FORM: Al*w7.--)3-98 RICHARD J.STERN CITY ATTORNEY ORDINANCE NO.1043 PAGE 5 OF 5 1998.