HomeMy WebLinkAboutRES 06-01RESOLUTION NO. 06-01
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A
PUBLIC RECORD PURSUANT TO ARIZONA REVISED STATUTES
ANNOTATED ("A.R.S")SECTION 9-802,A CERTAIN
DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED
"AMENDMENT TO APACHE JUNCTION CITY CODE, VOLUME I,
CHAPTER 9,HEALTH AND SANITATION";AND DECLARING
AN EMERGENCY.
BE IT RESOLVED by the Mayor and City Council of the City of
Apache Junction, Arizona, as follows:
SECTION I GENERAL
That a certain document entitled "Amendment to Apache
Junction City Code,Volume I,Chapter 9,Health and
Sanitation",three copies of which are on file in the office
of the City Clerk, is hereby declared to be a public record,
and that said copies are ordered to remain on file with the
City Clerk, and are available for public use and inspection.
SECTION II DECLARING AN EMERGENCY
The immediate operation of the provisions of this resolution
is necessary for the Immediate preservation of the public
peace, health or safety and an emergency is hereby declared
to exist;and this resolution shall be in full force and
effect from and after its passage, adoption and approval by
the Mayor and City Council of the City of Apache Junction.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA, THIS 3rd DAY OF JANUARY ,
2006.
SIGNED AND ATTESTED TO THIS 3RD DAY OF JANUARY,2006.
DOUGLAil COLEMAN
Mayor
RESOLUTION NO. 06-01
PAGE 1 OF 2
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
< Z 2 X -2.2 7. 05
Richard J. STERN
City Attorney
RESOLUTION NO. 06-01
PAGE 2 OF 2
AMENDMENT TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 9,
HEALTH AND SANITATION
Article 9-1 PROPERTY MAINTENANCE STANDARDS
9-1-1 Findings, Application and Intent
9-1-2 Definitions
9-1-3 Public Nuisances Prohibited
9-1-4 Enforcement and Abatement
Sec. 9-1-1 Findings, Application and Intent
It is hereby found and declared that there are nonresidential and residential
properties within the City of Apache Junction which are, or may become in the
future,public nuisances due to deterioration,lack of maintenance and
appearance on exterior surfaces and in yard areas, infestation, lack of essential
storage areas for household items,existence of fire hazards and unsanitary
conditions which constitute a menace to the health, safety, morals, welfare and
reasonable comfort of the citizens and inhabitants of the city. It is further found
and declared that by reason of lack of maintenance and because of progressive
deterioration,certain properties have the further effect of creating blighting
conditions and slums, and that if the same are not curtailed and removed, such
conditions will grow and spread and will necessitate in time the expenditure of
large amounts of public funds to correct and eliminate, and that by reason of
timely regulations and restrictions as contained herein, the growth of slums and
blight and increase in crime may be prevented and neighborhood property values
may be enhanced.
The purpose of this article is to protect the public health, safety,morals, and,
welfare by establishing minimum standards governing the maintenance,
appearance, condition and occupancy of residential and nonresidential premises;
to establish minimum standards governing structures and other physical
components and conditions essential to make structures fit for human habitation,
occupancy and use;to fix certain responsibilities and duties upon owners,
occupants and operators; to authorize and establish enforcement and abatement
procedures which affords property owners the due process they are entitled to
under the law; to fix penalties for the violations of this code; and to provide for the
repair,demolition,or vacation of premises unfit for human habitation,or
occupancy or use.
This article shall apply to all buildings, structures and lands within the City of
Apache Junction without regard to the use, date of construction, improvement or
alteration.It shall be fairly,sensibly,consistently and reasonably applied by
enforcement officers.
Page 1 of 27
Sec. 9-1-2 Definitions
The following words, terms, and phrases, when used in this Article, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
A.ABANDONED VEHICLE: a vehicle, trailer or semi trailer that is of a
type subject to registration in the State of Arizona, whether lost,
stolen, abandoned or otherwise unclaimed and that has been
abandoned on a public highway, public property or elsewhere in the
City of Apache Junction, including private property. Evidence that a
vehicle was left unattended for a period of forty-eight (48) hours
within the right-of-way of any highway, road, street or other public
thoroughfare or for a period of seventy-two (72) hours on public or
private property or elsewhere in the City of Apache Junction, is
prima facie evidence of abandonment.
B.AUTHORIZED PRIVATE RECEPTACLE: a litter storage and
collection receptacle including sixty- (60-), ninety- (90-), three
hundred- (300-), and four hundred forty- (440-) gallon plastic
barrels; two- (2-), three- (3-), four- (4-), six- (6-), and eight- (8-)
cubic -yard metal bins; twenty- (20-), thirty (30-), and forty (40-)
cubic -yard roll -off containers (approximate sizes); and compactors.
C.BLIGHT:conditions including accumulation of debris; fences with
holes, breaks, rot, or those that are crumbling, peeling or rusting;
landscaping that is dead, uncontrolled or is not maintained or is
damaged; any other similar conditions of disrepair and
deterioration; and the exterior visible use or display of tarps, plastic
sheeting, or other similar materials as flexible or inflexible
screening, fencing, or wall covering upon any parcels within the
City regardless of the condition of other properties in the
neighborhood.
D.BUILDING, ENCLOSED: a building with a perimeter composed of
rigid walls and a roof.
E.DEBRIS, JUNK, TRASH, LITTER: broken glass, broken concrete,
broken plaster or gypsum board, scrap lumber, siding or roofing
material, ceiling tile or floor covering material, broken asphalt
materials, clay, tile or plastic pipe or any similar discarded scrap
building or construction materials, scrap metal of all types,
appliances or parts thereof, parts of motor vehicles, glass, paper,
cardboard, wood or lumber, indoor furniture and mattresses,
bedding, boxes, crates, packing cases, plumbing fixtures including
but not limited to toilets, or any other material with little or no
Page 2 of 27
apparent aesthetic or economic value which is present in a state of
disarray, any solid wastes consisting of both combustible and
noncombustible wastes, such as paper, wrappings, weeds,
cigarettes, cardboard, tin cans, yard clippings, leaves, tree
trimmings, metal, wood, glass, bedding, and construction materials,
or any other material in which insects may breed or multiply or
which provides harborage for rodents, reptiles, or vermin or which
would contribute to the spread of fire or prevent its rapid control.
F.DETERIORATION OR DISREPAIR: a decline of the general
condition or appearance of a building, structure, or parts thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting, or any other evidence of physical decay, neglect, or lack of
maintenance.
G.DEVELOPED PROPERTY: property that has been modified: 1)
purposefully from its original state; and 2) which results in a
condition of gainful or productive use.
H.DUMPING: unlawful placement of debris, junk, trash, litter or
garbage upon any private or public property.
FENCE, SCREEN WALL, AND/OR RETAINING WALL:
freestanding, self-supporting structures constructed of durable
decay and moisture resistant wood, chain link, metal, masonry, or
other opaque standard fencing materials, maintained where vertical
structural members do not list, lean or buckle to such an extent that
a plumb line passing through the center of gravity does not fall
through the middle one third of the base designed for decorative
purposes or to provide privacy, security, screening, or bank
retention between grade separations.
J.GARBAGE: an accumulation of spoiled or discarded animal or
vegetable material resulting from the handling, preparation,
cooking, or consumption of food for humans or animals, as well as
other organic waste material subject to rapid decomposition and
their waste wrappers or containers.
K.GRASS: barnyard grass, bermuda grass, bluegrass, brome, crab
grass, foxtail, Johnson grass ragweed, rye grass, wild oats, or
hybrids thereof.
L.HAZARD: a condition that may cause personal physical harm.
M.IMMINENT HAZARD: a condition that presents an immediate
likelihood for causing personal physical harm.
Page 3 of 27
N.IMPROVED PROPERTY: parcels on which buildings or other
structures are located.
0.INFESTATION: the apparent presence of damaging, or unhealthful
insects, rodents, reptiles or pests.
P.INOPERABLE VEHICLE: any vehicle that is physically incapable of
its intended operation and is partially or wholly dismantled,
discarded, wrecked, on blocks or on similar devices, stripped, or
scrapped; or a vehicle with missing or deflated tires or missing
wheels or any vehicle which is inoperable due to mechanical failure
or mechanical disability; or any vehicle which is missing a legally
assigned license plate, or one that has an expired registration
sticker, or one that does not have a current registration legally
issued by any state.
Q.LAND: all parcels within the exterior boundaries of the City limits,
whether developed, improved, undeveloped, or unimproved.
R.MANAGING AGENT: a person, corporation, partnership, or limited
liability company that is authorized by the owner to operate and
manage the property.
S.OCCUPANT: a person, persons or legal entity that, through rights
of ownership, tenancy or otherwise, has possession or the use and
enjoyment of the subject real property.
T.OWNER: a current person, persons or legal entity listed as
titleholder for parcels of land in the official records of the Pinal or
Maricopa County Recorder's Office.
U.PERSON: a human being, individual, enterprise, corporation,
association, partnership, firm, or society.
V.PLANT GROWTH: vegetation of all kinds, whether living or dead.
W.POLLUTED: a condition that exists in water and is characterized by
bacterial growth, algae, insect infestation, the remains of litter,
debris, garbage, or any other foreign matter which, because of its
nature or location, constitutes an unhealthy, unsafe, or unsightly
condition.
X.PRIVATE PREMISES:any parcel of land developed or undeveloped, or
any dwelling, house, building or other structure, designed or used either
wholly or in part for residential or commercial purposes, whether inhabited
or temporarily or continuously uninhabited or vacant, and any yard,
grounds, walk, driveway, porch, steps or vestibules belonging or
appurtenant to such dwelling, house, building or other structures.
Page 4 of 27
Y.PROPERTY: includes buildings, grounds, lots and tracts of land.
Z.PUBLIC PLACE OR PUBLIC RIGHT-OF-WAY: any street,
sidewalk, boulevard, alley, or other public way and any public park,
square, space, ground, or building.
AA.RESPONSIBLE PERSON: an owner, tenant, renter, lessor, lessee,
manager, agent, lienholder or any fiduciary or person with power of
attorney or other person who is occupying or having charge,
possession or control of the premises or has the authority and
ability to act on behalf of, or in the interest of, the owner. When
property is held in common by more than one (1) owner, each
owner is a responsible person, even when a homeowner's
association has been formed to manage and maintain such
commonly owned property. Such a homeowner's association shall
also be a responsible person.
BB.SECURING:the action deemed necessary by the Building Official
or designee to protect the general safety and welfare of occupants
and public.Securing shall include the use of materials with
sufficient strength and structural value to restrict or prohibit access.
CC.STORED: parking, leaving, locating, keeping, maintaining,
depositing, remaining, or being physically present on private
property.
DD.STREET OR HIGHWAY: the entire width between the boundary
lines of every way publicly owned or maintained when any part
thereof is dedicated to the use of the public for purposes of
vehicular traffic.
EE.STRUCTURE: includes any building, improvement, and other
structure that is constructed or placed on land.
FF.UTILITY TRAILER: a vehicle without motor power designed for
carrying property and for being drawn by a motor vehicle.
GG.VEHICLE: every device by which any person or property is or may
be transported or drawn upon a street or highway, excepting
devices moved by human power or used exclusively upon
stationary rails or tracks.
HH.WEEDS: bull thistle, cocklebur, foxtail, horseweed, lambsquarters,
london rocket, mallow, milkweed, pigweed, mustards, prickly
lettuce, ragweed, russian thistle, shepardspurse, sowthistle, white
horsenettle, willow weed, and those types of plant growth defined
as noxious weeds in A.R.S. § 3-201 regardless of whether a
Page 5 of 27
particular property owner or occupant who is the subject of
enforcement action under this Code regards the growth as
desirable.
Sec. 9-1-3 Public Nuisances Prohibited
The following acts, omissions, conditions, and things in or upon any land or
structure in the City constitute public nuisances, the existence of which are
hereby prohibited and declared to be unlawful, and are enforceable and
punishable as set forth below:
A.Outside Storage
1.No person shall deposit or cause to be deposited, store, or
maintain any garbage, junk, debris, trash or litter, on any
land within the City unless stored safely within a lawful,
enclosed building or structure, or screened by a lawful fence
or screen wall or within a trash receptacle in such a manner
as to not be visible from the public right-of-way, except as
authorized by the City or for collection under this chapter.
It is unlawful for any person to place any garbage, debris, junk,
trash or litter upon any private or public property not owned or
under the control of said person. In addition to any civil penalty or
criminal fine which may be imposed for violation of any provision of
this section, such person shall be liable for all costs which may be
assessed pursuant to this article for the removal of said garbage,
debris, junk, trash or litter.
Nothing in this section shall prohibit the outside storage of materials
specifically permitted under the zoning code and arranged in
accordance with the provisions of and covered under a permit
issued in accordance with the permit requirements of the City
Code.
2.No person shall deposit in or allow to be deposited, sweep
upon, or permit to drain into any public right-of-way, natural
terrain feature, river bed or wash, or any public place of the
City any garbage, debris, junk, trash or litter, obstruction, or
similar matter or any hazardous material which is offensive
to sight or smell or which impedes passage or is detrimental
to public health, except when authorized by the City.
3.It is unlawful to store, keep or maintain outside of any
dwelling, building or other structure, or within any
unoccupied or abandoned building, dwelling or other
structure under the control of any person and in a place
accessible to children, any abandoned, unattended or
Page 6 of 27
discarded icebox, refrigerator or other appliance or container
which has an airtight door or lid, snaplock or other locking
device which may not be released from the inside, without
first removing the door or lid, snaplock or other locking
device from the icebox, refrigerator or container. This
subsection shall not apply to appliances which are being
used for animal or livestock purposes and have a latch or
lock on the outside which requires a key or combination
access.
4.It is unlawful for any business, corporation, firm or person to
fail to provide approved litter or trash receptacles for the
containment of litter and trash generated within or upon their
premises or to allow litter or trash from approved receptacles
to become windblown and be disbursed about the area.
It is unlawful for any property owner, agent, or contractor to
cause, maintain, permit or allow to be caused, maintained or
permitted any accumulation of any litter or debris on any
construction or demolition site before, during, or after
completion of the project, to become windblown and carried
or deposited upon any alley, street, public place or private
property from such site.
5.It is unlawful to allow the accumulation of putrid, unsound or
unwholesome bones, meat, hides, skins or the whole or any
part of any dead animal, fish or fowl, butcher's trimmings and
offal, or any waste vegetable or animal matter in any
quantity, garbage, animal or human excreta, sewage, or
other offensive substances; provided that nothing herein
contained shall prevent the temporary retention of waste in
receptacles in the manner approved by the Pinal or
Maricopa County health officer or other ordinances of this
City.
B.Vehicles
1.It shall be unlawful for any person other than the occupant to
cause or allow any abandoned or inoperable vehicle not
registered to the occupant to be parked or stored except in
complete conformance with the terms of this paragraph. All
abandoned or inoperable vehicles or vehicles in residential
areas being restored or repaired for longer than ten (10)
calendar days shall be stored safely within a lawful enclosed
building or structure or screened by a lawful fence in such a
manner as to not be visible from beyond the lot boundaries
or shall be stored on the premises of a business enterprise
operated in a lawful place and manner in accordance with
Page 7 of 27
the provisions of the City Code where the storage of the
vehicle is necessary to the operation of the nonresidential
business enterprise.
2.If a vehicle, awaiting repairs, cannot be stored in compliance
with this section, the registered owner must submit, in writing
to the Code Compliance Division, a request for extension of
the ten (10) day requirement referenced above. The written
notification must include the name and physical address of
the registered owner of the vehicle, the date the current
registration expires, the license plate number, what repairs
are required and when the repairs will be completed. In no
case shall the extension be longer than thirty (30) calendar
days including the time the vehicle has already been parked.
After the thirty (30) calendar day extension has expired, the
vehicle must be stored in accordance with this section.
3.Any vehicle stored at a condominium, townhome or
apartment complex that is awaiting repairs is subject to the
time limits of this section and if no such structure for storing
a vehicle is granted by the Code Compliance Division, the
vehicle must be covered by a tarp or covering that is in good
repair and secured to the vehicle in a manner that will
prevent it from being blown off the vehicle thereby exposing
the vehicle to public view.
4.It shall be unlawful for any person to display any vehicle or
boat for sale, rent, or lease on vacant or undeveloped
property, and no owner or occupant of vacant or
undeveloped property shall allow or permit such displays.
5.The display of one (1) vehicle or boat for sale is permitted at
a residence when the vehicle is titled to the owner or
occupant of the property and is not being sold in connection
with an automobile sales business. No more than three (3)
vehicles or boats may be displayed for sale at the same
residence within a twelve (12) month period and only one (1)
vehicle or boat shall be displayed for sale at one (1) time.
C.Land Maintenance and Weeds
1.All persons owning or occupying land or places of business within
the city shall keep the sidewalk or public places fronting or
bordering their property free of weeds or grass in excess of ten (10)
inches or when such conditions create a blighting condition or may
harbor infestations; however, this section shall not prohibit the
temporary storage of such material in authorized receptacles for
collection.
Page 8 of 27
Any landscaping, visible from public property or from beyond
the lot boundaries, that is dead, damaged, or characterized
by uncontrolled growth, or presents a deteriorated or slum-
like appearance is uncared for and any weeds, tall grass,
shrubs or growth (whether growing or otherwise) higher than
ten (10) inches, or any dead trees, bushes, shrubs or
portions thereof, including stumps, or any palm or similar
type tree having dead or dry fronds descending downward
from the base of the lowest living frond more than eight (8)
feet or dry fronds longer than five (5) feet and closer than
eight (8) feet to the ground, shall be removed and disposed
of in a lawful manner.
2.No owner or occupant of land shall allow or permit trees,
shrubs, or plant growth on that land to impede, obstruct, or
interfere with vehicular or pedestrian passage on any street,
sidewalk, or alley within the City or allow such overgrowth to
interfere with the visibility of passing traffic or obstruct traffic
control devices or signals.
3.No owner or occupant of land within the City shall allow plant
growth which is dead, or so dry as to be readily flammable or
combustible on such land that may constitute a fire hazard or
other threat to the public health or safety.
4.No owner or occupant of a parcel of land within the City shall
allow thereon weeds or grass which reach a height of ten (10)
inches or more. This provision shall not apply to single
residence rear yards not visible from the adjacent right-of-way
or to crops supporting bona fide livestock grazing where lawful
or on lots where the dwelling is at least 100 feet from the
public place or public right-of-way except that the first fifty (50)
feet viewable from the public place shall be governed by this
section, unless otherwise determined to be a fire or health
hazard. All structures shall have a thirty foot (30') buffer zone.
5.No person shall offer to sell, sell, or plant any male mulberry
tree (morus alba) or olive tree (olea europea) in the City
unless it is one of the nonpollinating varieties of such trees.
D.Exterior building, structures and signage
1.It shall be unlawful for an owner or occupant to fail to
properly maintain, repair, or replace the exposed exterior
surfaces of a building or structure, including exterior
windows, doors, canopies, metal awnings, roofs, exhaust
ducts, chimneys, painted surfaces, window screening,
fences, screen walls, retaining walls, foundations, cooling
Page 9 of 27
devices, outdoor stairs, porches, and railings as visible from
the adjacent public place or public right-of-way(s). In
addition, all premises shall be structurally sound and
impervious to moisture and weather elements.
2.It is unlawful for any person to erect or maintain within the City any
fence which is, or may be, dangerous to persons, children or
animals due to design, construction, materials, maintenance or
placement.
3.Fences with strands of barbed wire shall not be constructed or
allowed to remain if heretofore constructed, except as follows:
a.Barbed wire fencing less than six feet (6') above the ground
shall be permitted only in those zoning districts which
permit the keeping of livestock and shall be erected and
maintained only for the keeping of livestock.
b.Barbed wire fencing less than six feet (6') above the ground
shall not be erected or maintained within ten feet (10') of any
public place or public right-of-way, public easement, or
reservation for roadway purposes.
c.Barbed wire fencing less than six feet (6') above the ground
shall be secured to posts or stays not more than eight feet
(8') from each other.
d.Fences containing strands of barbed wire, razor wire or
concertina wire over six feet (6') above the ground shall be
permitted only in industrial and commercial zoning districts,
and strands of barbed wire, razor wire or concertina wire
shall be permitted only when over six feet (6') above the
ground and erected at the top of any fence.If the fence is
inclined, it shall project over private property.
4.Electrically charged fences shall not be erected or allowed to
remain except as follows:
a.Electrically charged fences shall be permitted only in zoning
districts which permit the keeping of livestock and shall be
erected and maintained only for the keeping of livestock.
b.No electrically charged fence other than one which has an
unmodified Underwriter's Laboratory ("UL") approved
charger, shall be permitted.
c.All electrically charged fences shall be completely enclosed
within another fence.
Page 10 of 27
5.It shall be unlawful to allow any swimming pool or similar body of
water to stagnate and thereby become eutrophic, polluted, or
offensive to the senses and unsafe for its intended use. No person
shall allow any swimming pool, architectural pool, pond or spa to
remain or be maintained in a condition that may: a) breed insects or
result in insect or other infestations; b) become polluted or
stagnant; or c) create a blighting condition.
6.It shall be unlawful for any person to maintain or display any
sign that is damaged or deteriorated to a condition
constituting a visual blight. Visual blight shall include
conditions detectable from beyond the lot boundaries such
as chipping, peeling, fading, or rusting surfaces; the
presence of cracks, holes, buckles, warps, or splinters in any
sign component; and defective bulbs, fluorescent tubes, or
neon or other inert gas light segments.
7.No person shall attach any sign to any public utility structure,
traffic control device, streetlight standard, or similar structure
in the public right-of-way excepting those signs erected by a
public utility or government agency.
E.Vacant buildings and land
1.All vacant or abandoned buildings, structures or portions
thereof, shall be secured at all points of ingress and egress
and maintained against unauthorized entry at all times.Any
dangerous, deteriorated, abandoned, partially destroyed or
unfinished building, addition, appendage or other structure,
or any building in violation of this chapter and in any
provision under Chapter 7 of the City Code, and any vacated
or abandoned building not securely closed at all times, shall
be secured. Any wood, metal or other material used for
securing a vacated or abandoned building must be similar to
the color of the building.
2.Any vacant lot or land, which has been used for dumping on
more than two (2) occasions within a twenty-four (24) month
consecutive period, shall be secured to prevent future
occurrences of dumping. Methods of securing vacant lots or
lands may include any of the following: permanent fencing;
ditch and berm; placement of four foot (4') high barrier posts
at four foot (4') intervals; and other equally effective
methods. Signs stating, "No Dumping" shall be erected in
accordance with the same state laws relating to "No
Trespassing" signage. The required signage must be a
minimum of twelve by eighteen inches (12" x 18") in size with
Page 11 of 27
two -three inch (2" - 3") lettering mounted on durable grade
vinyl, aluminum, fiberglass or similar substrate. The signage
must be mounted on a steel support post a minimum of one
and one-half inch (1W) diameter and the support must be
placed a minimum of eighteen inches (18") in the ground.
Metal fasteners must be used to anchor the signage to the
support post.
3.It is unlawful to maintain any privy, vault, cesspool, septic
system, sump, pit, private drain or like place or thing which is
not securely protected from insects or rodents or which are
foul, malodorous, nauseous, or offensive to the senses.
Sec. 9-1-4 Enforcement and Abatement
A.Introduction
The goal of this section is to seek voluntary compliance. Code Compliance
officers are empowered to use their discretion in working with residents to
become compliant. Identification of violations may arise through citizen
complaints, anonymous complaints or proactive observations, all of which will be
handled fairly, consistently and indiscriminately with all the due process that
property owners and responsible parties are entitled to under the law. Verbal
warnings are strongly encouraged before any formal warnings are issued. The
City has the option to pursue compliance administratively by civil/criminal citation
or complaints resulting in mandatory fines and other consequences, through
court intervention, and may collect any administrative costs associated with
abatement procedures through liens and possible foreclosure, and civil collection
actions.
B.Pre-Civil/Criminal Citation/Complaint; Notice of Violation
If, after an inspection and after informal attempts have failed to encourage
compliance with this article, the City shall serve the owner, owner's statutory or
authorized agent, occupant, lessee or person in control of the property with a
Notice of Violation. Such notice shall contain the following:
1)legal identification of property
2)statement of violations in sufficient detail to allow an owner or
responsible party to identify and correct the problem
3)the expected compliance deadline of at least fourteen (14) calendar
days from the date of the notice
4)a reinspection date
5)address and telephone number of a City representative to contact
6)a warning that failure to comply may result in the filing of a civil or
criminal misdemeanor case, depending on whether this violation is the
first, second, third or fourth violation over a twenty-four (24) month
consecutive period
Page 12 of 27
7)a warning that failure to comply may also result in an administrative or
court abatement action by the City, which the owner or responsible
person will be financially liable through a lien process which may
include foreclosure of the property
Any notice issued under this article shall be deemed effective on the date when
written notice is hand -delivered or mailed certified, return receipt requested, to
the individuals referenced above. Any recorded notice shall run with the land and
shall constitute legal notice for all purposes of this article to all parties and
entities thereafter acquiring an interest in the property. Officers may use their
discretion in granting extensions for compliance with the code, depending on the
violators' efforts to date and financial ability to comply.
C.Civil/Criminal Citations and Complaints
If the owner or other responsible party fails to comply with the 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
the Arizona Revised Statutes and applicable City Ordinances. Jurisdiction of
proceedings in this article shall be in the Municipal Court of the City of Apache
Junction.
The City Manager and his or her designee shall be responsible for filing civil and
criminal citations with the Apache Junction Municipal Court with the following
minimum penalties:
1st offense during 24 consecutive month period: Civil Penalty of $250.00
2hdoffense during 24 consecutive month period: Civil Penalty of $500.00
rd offense during 24 consecutive month period: Civil Penalty of $750.00
4th offense and subsequent offenses within 24 months of 1stoffense:
Criminal Fine of $1,000.00, and other criminal penalties as a result of a
class one misdemeanor conviction.
The 24 -month period shall be calculated from the dates the violations are
committed. The owner or responsible party shall receive the progressively higher
civil penalty upon a finding of responsibility for any violation of this article which
was committed within 24 months of the commission of another violation for which
the owner or responsible party was found responsible or was convicted. In no
event shall the Court reduce the minimum dollar penalties referenced above. A
criminal case shall only be filed only after three (3) successive civil violations
have been committed within a consecutive 24 month period.
Every day any violation of any provision of this article continues shall constitute a
separate violation or offense. 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 which is the subject of
the violation. If more than one person is recorded as the owner of the property,
Page 13 of 27
said persons may be jointly and severally presumed to be the persons having
lawful control over the building, structure or parcel of land.
D.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. Civil hearings are to be held informally and held without a jury,
and the City is required to prove the allegations by a preponderance of the
evidence. Technical rules of evidence do not apply, except for statutory
provisions relating to privileged communications. If the defendant elects to be
represented by counsel, the defendant shall so notify the Court at least ten (10)
court days prior to the hearing date. Hearings shall be recorded by technological
devices, including tape recording or by stenographer. 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 dollar sanction noted above, or in the case of a criminal
matter, shall order in addition to the mandatory minimum dollar amount as
referenced above up to $2,500.00, other terms such as up to three years
probation, compliance deadlines, community service, up to 6 months jail time,
and other reasonable terms as a consequence of a class one misdemeanor
conviction.
E.Appeal of Civil/Criminal Court Hearing
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.
F.Court -Ordered Abatement
In addition to any other options available to encourage compliance set forth in
this article, the City Attorney may apply to the Municipal Court for an order
permitting the City to abate any condition that constitutes a violation of this
article.
Pursuant to A.R.S. § 9-500.21, after notice has been provided to the owner
and/or responsible party of the application and hearing date, the Municipal Court
Judge shall conduct a hearing on the City Attorney's application with prior notice
to the owner or responsible party as required under the Code of Civil Procedure
Service of Process rules. The hearing shall be informal, open to the public and
be recorded by technological devices, including tape recording or stenographic
Page 14 of 27
devices. Evidence may be taken from any interested party and considered in
determining whether a condition in violation of this article exists and what, if any
abatement action should be permitted. Any person who fails to appear after
notice of the hearing may be deemed to have waived any right to introduce
evidence. The Court's determination shall be based on the preponderance of
evidence standard. Upon finding the abatement is appropriate, the Court may
order an administrative search warrant and/or a demolition, board -up, or clean-up
abatement warrant.
The reasonable costs of any abatement plus a five percent (5%) administrative
fee as permitted by the Court's order, as well as ten percent (10%) interest per
annum, shall be the responsibility of the owner and/or responsible party and it
may be collected as a lien on the property or other lawful method by the City
contained within this article or other applicable law.
G.Administrative Abatement/Lien Procedure
The City may, as another option, administratively abate the illegal conditions by
first serving a Notice to Abate, which shall include the following:
1)legal identification of property
2)statement of violations in sufficient detail to allow an owner or
responsible party to identify and correct the problem
3)the expected compliance deadline of at least thirty (30) calendar days
from the date of the notice
4)reinspection date
5)address and telephone number of a City representative to contact
6)cost estimate to correct the violation, including labor and benefits of
officers
7)a warning that if the violation is not corrected within the thirty (30)
calendar day deadline, the City may abate the nuisance and assess
the owner, his or her statutory or authorized agent, lessee, occupant,
or person in control of the property the cost of such abatement plus a
five percent (5%) administrative charge and record a lien against the
property for payment of the assessments which may result in
foreclosure of the property
8)a warning that failure to comply may also result in the filing of a civil or
criminal misdemeanor case, depending on whether this violation is the
first, second, third or fourth violation over a twenty-four (24) month
consecutive period.
9)reminder that the notice may be appealed by filing a Notice of Appeal
at the Development Services Department within twenty (20) calendar
days after the notice was served; the Board of Adjustment and
Appeals will hear and decide the appeal within sixty (60) calendar
days of filing the notice of appeal.
If a property owner or responsible fails to comply with the notice within the thirty
(30) calendar day deadline, Code Compliance officers may work with the
Page 15 of 27
property owner or responsible party and grant an extension. However, if
compliance is not forthcoming, the City may correct or abate the conditions as
described in the notice. The City shall pay the cost and expense of such
abatement from any appropriation made available for that purpose.
Upon commencement of action on the property, the City shall assess the
property for the cost of work performed including but not limited to all additional
inspections and other incidental connected costs, and for associated legal costs
plus a five percent (5%) administrative fee. If the assessment is paid in full,
including ten percent (10%) interest annually calculated, the City shall release
the assessment.
In the event it is necessary to enforce the assessment by sale, the sale shall be
made from a judgment of foreclosure and order of sale. The City shall have the
right to enforce the assessment in the Superior Court of Pinal or Maricopa
County at any time after recording, but failure to enforce the assessment shall
not affect its validity. The recorded assessment shall be prima facie evidence of
the truth of all matters recited therein, and of the regularity of all proceedings
prior to the recording. Prior assessments or liens for the purposes provided for in
this article shall not be a bar to a subsequent assessment or lien and any number
of liens or assessments on the same parcel may be enforced in the same action.
The assessment is prior and superior to all other liens, obligations, mortgages or
other encumbrances except liens for general taxes. The City may dispose of any
property or material removed from real property as a result of abatement in any
manner, including but not limited to destruction or donation.
H.Boarding, Securing, Vacating and Demolition
If it is determined that a structure constitutes a public nuisance as defined in this
article, the City Manager or his or her duly appointed agent may declare such
structure a hazard with great potential for actual and serious physical harm. After
notice is communicated to any owner of record in a Notice to Secure the
structure and the owner does not secure the structure to City specifications, the
hazard may be summarily abated by the City through boarding and fencing. The
Notice to Secure shall be in the same format and shall be served in the same
manner as a Notice to Abate as referenced above and all associated costs to
board and fence may be collected pursuant to a lien in the same manner as a
Notice to Abate. If however, the conditions pose an imminent hazard, the City
Manager or his or her designee may order immediate abatement without notice.
Such abatement shall be limited to the minimum work necessary to remove the
hazard.
Whenever the City Manager or his or her designee finds that a structure contains
an imminent hazard or health hazard, he or she may declare it unfit for human
occupancy and order it to be vacated or to remain vacant. A structure declared
unfit for occupancy shall not be leased, rented or occupied until it has been
reinspected and deemed fit for occupancy by the City. City Code Compliance
Page 16 of 27
Officers shall post a legible notice on the principal entrance stating "DO NOT
ENTER, UNSAFE TO OCCUPY.Entry will be considered a trespass under
A.R.S. § 13-1504, a Class One Misdemeanor".
Prior to demolishing a structure, the City shall issue a Notice of Intent to
Demolish Structure to the owner or responsible party with any legal interest in the
property and may record such notice in the Pinal or Maricopa County Recorder's
office. This notice and abatement and all associated demolition costs shall be
enforced in the same manner as a Notice to Abate.
Any structure which has been declared to be an imminent hazard by the City
Manager or his or her designee, shall immediately be vacated and shall not be
re -occupied until the City Manager or his or her designee has issued a certificate
of compliance which indicates that imminent hazards do not exist and that
incipient hazards and health hazards are acknowledged and minimized by the
persons responsible for the property. A legible notice as referenced above shall
be posted on the principal entrance prohibiting entry. No person occupying a
structure after the City has posted on the structure a notice of its hazardous
condition, shall be eligible for relocation assistance or be considered a displaced
person.
I.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 twenty (20) calendar days after the notice
was served. An appellate hearing shall be scheduled by the Development
Services Department Director or his or her designee before the Board of
Adjustment and Appeals no later than sixty (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.
J.Grounds for Appeal
The following are appropriate grounds for an appeal:
1)the claim that the property or building subject to the notice is not in
violation under the code.
2)a claim that the true intent of the code has been incorrectly interpreted.
3)a claim that the statement for costs for correcting or abating the violation
is excessive.
The Board may affirm, reverse or modify the notice. The Board shall conduct the
hearing as it does other board matters in its quasi-judicial role. There shall be no
fee for filing an appeal with the Board.
Page 17 of 27
The filing of the Notice of Appeal shall act as an automatic stay of enforcement of
any compliance deadlines until the Board 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.
Failure of a person to file an appeal shall constitute a waiver of the right to a
hearing of the appeal before the Board and such person shall be estopped to
deny the validity of any order or action of the City which could have been timely
appealed.
Once the Board has rendered its decision, a party may apply to the Superior
Court within thirty (30) calendar days for further 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.
Article 9-2 REFUSE, GARBAGE, DEBRIS, JUNK, TRASH AND LITTER
REMOVAL
9-2-1 Hauling Refuse, Garbage, Debris, Junk, Trash and Litter
9-2-2 Vehicles and Receptacles to be Spillproof
9-2-3 Spilled Refuse, Garbage, Debris, Junk, Trash and Litter
9-2-4 Dumping Refuse, Garbage, Debris, Junk, Trash and Litter
Sec. 9-2-1 Hauling Refuse, Garbage, Debris, Junk, Trash and Litter
It is unlawful for any person to haul or cause to be hauled any refuse on or along
any public street, avenue or alley in the city in violation of any of the provisions in
this chapter.
Sec. 9-2-2 Vehicles and Receptacles to be Spillproof
It is unlawful for any person to haul or cause to be hauled on or along any public
street in the city any refuse, garbage, junk, debris, trash, litter, unless such
material is contained in watertight vehicles or vehicles with watertight receptacles
constructed to prevent any such material from falling, leaking or spilling and any
odor from escaping.
Sec. 9-2-3 Spilled Refuse, Garbage, Junk, Debris, Trash and Litter
Any person hauling any refuse, garbage, junk, debris, trash and litter along the
streets of the city shall immediately replace in the conveyance used for such
hauling any such material which may fall upon any street.
Page 18 of 27
Sec. -9-2-4 Dumping Refuse
It is unlawful for any person to place or cause to be placed any refuse, debris,
garbage, junk, trash or litter upon any public or private property within the city,
except as specifically permitted in this chapter.
Article 9-3 CONSTRUCTION SITES
9-3-1 Truckloads Causing Litter
9-3-2 Construction Sites
9-3-3 Inspection Approval
Sec. 9-3-1 Truckloads Causing Litter
No person shall drive or move any truck or other vehicle within the city unless
such vehicle is so constructed or loaded as to prevent any load, contents or litter
from being blown or deposited upon any Street, alley or other public place.
Sec. 9-3-2 Construction Sites
A.In addition to all other requirements of this code, it shall be a condition for
the continuation of a building permit that a litter receptacle be provided, on
site, for all buildings or structures for which such permit is issued. Said litter
receptacle shall be of such design as to insure that all materials deposited
therein will not be blown out during heavy winds, shall have a minimum
capacity of three cubic yards per one thousand square feet of gross floor
area of the building or structure under construction and shall be of a type
approved by the building official.
B.The building official shall issue a stop work order for any building or
structure if said litter receptacle, when required, is not provided at the
inception of the framing stage of construction.
Sec. 9-3-3 Inspection Approval
A.In addition to all other requirements of this code, it shall be a condition of
inspection approval for all buildings or structures under construction that the
construction site be free of all litter.
B.The building official may issue a stop work order when inspection reveals
that any construction site is not being maintained free of litter.
Article 9-4 PRIVATE RECYCLING CONTAINERS
9-4-1
9-4-2
9-4-3
9-4-4
Definitions
Registration Required
Application
Containers
Page 19 of 27
9-4-5 Litter and Trash Prohibited
9-4-6 Enforcement
9-4-7 Impoundment
Sec. 9-4-1 Definitions
In this article, unless the context requires otherwise:
A."Code enforcement office" means the Building Inspection and Zoning
Compliance Division of the Development Services Department.
B."Recycling container" means any private container, whether attended or
unattended, and whether operating for profit or not, where the public is
asked to bring materials to be donated or left to be recycled, reclaimed,
processed or reused, including but not limited to newspapers, bottles or
cans.
Sec. 9-4-2 Registration Required
A.It is unlawful for any person, firm or corporation to place or keep a recycling
container within the city limits without complying with all of the provisions of
this article and without first having registered the recycling containers as
required by this article.
B.All recycling containers not registered as required by this article shall be
subject to immediate removal by the city.
Sec. 9-4-3 Application
A.Applications for recycling container registration shall be made to the code
enforcement office on a form provided by that office. The application shall
contain the following information:
1.The name and address of the owner or operator and a telephone
number where the owner or operator, or the agent of the owner or
operator, can be reached.
2.The location, size and type of proposed recycling container.
3.The type of materials to be collected.
B.The application shall be accompanied by a written and signed statement:
1.From the owner of the property where the container is to be placed,
granting his permission for the placement of the container; and
2.Where applicable, a statement from the religious or non-profit
corporation as required by Section 9-4-4, subsection D.
Page 20 of 27
C.The term of registration for each recycling container shall be for a period not
to exceed one year and shall expire on January 1 of each calendar year.
D.A separate registration shall be obtained for each recycling container
location.
Sec. 9-4-4 Containers
A.Each recycling container shall have a firmly closing lid and have a capacity
of not less than three cubic yards and not greater than six cubic yards
except for reverse recycling bins. The container shall be constructed of
painted metal, rubber, wood or plastic and shall be properly maintained in a
safe and good condition. The use of shipping or cargo containers for this
purpose is prohibited.
B.Reverse recycling bins shall comply with all requirements of this article
except that they shall have a capacity of not less than three cubic yards and
not greater than thirty-five cubic yards.
C.Containers shall be clearly marked to identify the materials requested to be
left for recycling, the name of the operator or owner of the recycling
container and a telephone number where the owner, operator or agent of
the owner or operator may be reached at any time. The size for the sign or
markings on any side of the container shall not exceed twenty-five percent
of the total area of the same side of the container. All markings required by
this section shall be neatly lettered or stenciled in a professional manner.
D.No container shall identify a religious or non-profit corporation without the
written permission of such religious or non-profit corporation; said
permission must be submitted at the time that the application is made for a
recycling container permit. The city reserves the right to make further
inquiries and require proof of the religious or non profit status that is being
claimed.
E.Containers may be located only within the parking lot of private property
lawfully zoned, developed and used for commercial or industrial purposes,
or at schools, churches or charitable organizations which have similar
parking facilities.
Sec. 9-4-5 Litter and Trash Prohibited
A.No person shall place any litter, garbage or trash at any recycling container,
and no person shall place any material in any recycling container except the
materials named on the outside of the container. No person shall leave any
materials outside of a container.
Page 21 of 27
B.Each recycling container owner or operator shall provide adequate enough
pickups and clean up of the general area to prevent any materials from
accumulating outside the containers.
C.The owner or operator of the recycling container and the property owner
shall jointly or severally maintain all exterior areas within twenty-five feet of
the container free from litter.
Sec. 9-4-6 Enforcement
A.The code enforcement office is assigned the responsibility of enforcing this
article and is granted the authority expressly granted or implied as needed
and necessary for enforcement.
B.For a violation of this article or issued registration, the code enforcement
office or a designee may revoke a registration, which has been issued
under this article, upon ten days written notice to the permit holder who may
request a hearing with the code enforcement office prior to the expiration of
the ten day notice; and/or
C.The code enforcement office or a designee may commence an action in
Apache Junction Municipal Court against the operator or owner, or agent of
the operator or owner, of a recycling container which is in violation of this
article or issued registration.
Sec. 9-4-7 Impoundment
A.In addition to the penalties provided for in this code, any recycling container
which is in violation of this article or issued registration may be removed at
the operator's or owner's expense. Said container shall be impounded until
the operator or owner reimburses the city for the cost of removal and
storage. In the event the operator or owner of an impounded recycling
container has not reimbursed the city within sixty days of its removal, the
city may dispose of the container or use it for some city -related purpose.
B.Prior to the removal and impoundment of a recycling container, the city
shall conspicuously attach a notice to said container allowing the owner or
operator twenty-four hours to bring the container into compliance. The code
enforcement office shall also attempt to contact the owner or operator at the
phone number listed on the registration application or container and advise
as to the posting of the notice. If the container has not been brought into
compliance by the time established by the notice, the container will be
removed and impounded.
C.In the event any recycling container creates a hazard to the health, welfare
and safety of the public, the container shall be immediately removed and
impounded without the notice as outlined in subsection B of this section.
Page 22 of 27
ARTICLE 9-5 COLLECTION OF RESIDENTIAL SOLID WASTE
9-5-1 Legislative Purpose
9-5-2 Definitions
9-5-3 Residential Solid Waste Collection Agency
9-5-4 Permitted Days and Hours of Collection
9-5-5 Container Standards: Placement for and Removal After Collection;
Application to Mobile/Manufactured Home/Recreational Vehicle and
Trailer Parks and Subdivisions
9-5-6 Vehicle Maintenance
9-5-7 Appeals
9-5-8 Penalties
Sec. 9-5-1 Legislative Purpose
It is the purpose of this article to regulate the collection of residential solid waste
to promote the public health, safety and general welfare of the citizens of the city,
and to avoid and mitigate the detrimental effects of random trash collection,
insufficient solid waste containers and substandard collection vehicles and
equipment through reasonable regulation. It is not the purpose of this article to
prohibit or unreasonably restrain private enterprise from delivering solid waste
collection services within or to the residents of the city. In addition, this article is
not intended to favor local enterprise by prohibiting out -of- town or out-of-state
competition.
Sec. 9-5-2 Definitions
In this article, unless specified otherwise:
A."Public works director" means the head of the public works department or
designee thereof.
B."Residential solid waste" means any garbage, trash, rubbish or 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 and
multi -family dwellings, duplexes, patio homes, trailers, mobile/manufactured
homes, mobile/manufactured home/recreational vehicle and trailer parks
and subdivisions, rooming houses, group homes, boarding houses,
apartments, condominiums or townhouses.
C."Residential solid waste collection agency vehicle" means any motor vehicle
suitable for collection of residential solid waste that is in compliance with
this chapter.
"Residential solid waste container" means any container used for storage of
residential solid waste and meets the container standards of this article.
Page 23 of 27
Sec. 9-5-3 Residential Solid Waste Collection Agency
The city or any other person, individual, partnership, association, company or
corporation may collect residential solid waste within the city limits provided they
comply with the provisions of this article, and other applicable city regulations
including but not limited to possessing a current valid city business license and
current valid sales tax license and paying all applicable transaction privilege
taxes pursuant to Chapter 8 of this Code.
Sec. 9-5-4 Permitted Days and Hours of Collection
A.Residential solid waste shall be collected twice a week, on Mondays and
Thursdays. Where such collection day falls on a Monday that is also a
federal or state holiday, and due to the holiday residential waste is not
collected by the residential solid waste collection agency, such waste must
be collected on the immediate Tuesday thereafter, and in the case such
holiday falls on a Thursday, the waste must be collected on the immediate
Friday thereafter.
B.Residential solid waste shall be collected between the hours of 6:00 a.m.
and 5:00 p.m. Mountain Standard Time, on authorized collection days
referenced in subsection A of this section. In the case of an emergency,
residential solid waste collection agencies may request extended hours.
Such request must be submitted to the public works director
telephonically, and, if subsequently approved, residential solid waste
collection agencies must within twenty-four hours thereafter submit a
written request to the director 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.
Sec. 9-5-5 Container Standards; Placement for and Removal After
Collection: Application to Mobile/Manufactured
Home/Recreational Vehicle and Trailer Parks and Subdivisions
A.Container Standards All containers used by a single-family dwelling unit to
store residential solid waste and for collection thereof shall be constructed
out of plastic or galvanized metal, and shall have a minimum capacity of
sixty-five gallons and a maximum capacity of ninety gallons. In the case of
containers which serve multi family dwelling units, such containers must
be made of suitable material with a minimum capacity to contain one yard
of residential solid waste per unit per week. On all containers there shall
be identifying marks with the name and telephone number of the
residential solid waste collection agency in letters with a height of no less
than three inches but no greater than six inches. - It is unlawful to place
residential solid waste outside of the appropriate containers awaiting
Page 24 of 27
collection, even if contained in plastic bags, paper boxes or other
receptacles.
B.Placement for and Removal After Collection Residential solid waste
containers shall be placed for collection as follows:
1.All residential solid waste containers shall be located, positioned and
placed for collection in a manner as to facilitate the safe handling of
containers by residential solid waste collection agency vehicles.
2.Residential solid waste containers may be located in alleyways that
are sufficiently passable in a safe manner by residential solid waste
collection vehicles.
3.Residential solid waste containers for single-family dwelling units may
be placed at the curb in front of the premises, except that at any
corner lot, such containers may be placed at the curb of the side
street. Containers placed 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. Single-family dwelling unit
containers may not be placed on sidewalks or curbs in any manner so
as to interfere with or be hazardous to pedestrians or vehicles.
4.Multi -family dwelling unit residential solid waste containers may not be
placed on sidewalks, curbs or anywhere within the public right-of-way,
in a manner so as to interfere with or be hazardous to pedestrians,
vehicles or other residences or other structures.
C.Application to Mobile/Manufactured Home/Recreational Vehicle and
Trailer Parks and Subdivisions With the exception of subsection (B)(1)
under this section, the provisions of this section do not apply to
mobile/manufactured home/recreational vehicle and trailer parks and
subdivisions in which a common container is placed, maintained or is
otherwise controlled or provided by the operator, manager or
homeowner's association of the park or subdivision, provided such
container is located within the boundaries of the park or subdivision and is
not located within the city's right-of-way.
Sec. 9-5-6 Vehicle Maintenance
A.All vehicles used for solid waste collection from single and multi -family
dwelling units within the city limits shall be maintained in good condition
and repair, readily cleanable construction and be watertight, and shall
comply with all applicable state regulations. In addition, all drivers of
residential solid waste collection vehicles shall be licensed in accordance
with all applicable laws.
Page 25 of 27
B.The outside of each vehicle must be clearly identified with the name and
phone number of the residential solid waste collection agency.
Sec. 9-5-7 Appeals
Any person aggrieved by any action or decision made by the public works
director may appeal such action or decision by filing a written notice of appeal
and request for a hearing in the office of the city manager. Upon receipt of such
notice, the city manager or designee thereof, shall notify the appellant within five
working days of the scheduled hearing time, date and place, which shall in no
case take place more than ten working days from the date of receipt of the notice
of appeal. The hearing shall be conducted informally. The appellant and public
works director may present any relevant evidence. Hearsay evidence may be
considered and witnesses need not be sworn nor cross-examined. The city
manager or designee thereof shall sustain, overrule or otherwise modify the
public works director's action or determination and shall send such notification to
appellant within three working days after completion of the hearing. Such
decision shall be final and conclusive, except that appellant may pursue any
proper judicial proceeding.
Sec. 9-5-8 Penalties
Any person violating any of the provisions of this article, shall be guilty of a Class
One Misdemeanor, and shall be subject to the penalty and multiple charging
provisions set forth in Article 1-8 Penalty of this Code.
Article 9-6 COLLECTION OF COMMERCIAL SOLID WASTE
9-6-1 Compliance with City Business and Sales Tax Licensing Provisions
9-6-2 Permitted Days and Hours of Collection Hauling Refuse
Sec. 9-6-1 Compliance with City Business and Sales Tax Licensing
Provisions
The city or any other person, individual, partnership, association, company or
corporation may collect commercial solid waste within the city limits provided
they comply with the provisions of this article, and other applicable city
regulations including but not limited to possessing a current valid city business
license and current valid sales tax license and paying all applicable transaction
privilege taxes pursuant to Chapter 8 of this Code.
Sec. 9-6-2 Permitted Days and Hours of Collection
Commercial solid waste shall be collected bet the hours of 6:00 am. and 5:00
p.m., Mountain Standard Time, Mondays through Fridays. In the case of an
emergency, commercial solid waste collection agencies may request extended
hours. Such request must be submitted to the public works director
telephonically, and, if subsequently approved, commercial solid waste collection
Page 26 of 27
agencies must within twenty-four hours thereafter submit a written request to the
director substantiating the need for the extended hours.
Page 27 of 27