HomeMy WebLinkAboutOrdinance 2012.07 Amending title 10 of the town code relating to aggregate materials�
. Reco d , RECORDER I IIIIII IIIII �IIII IIII� IIIII IIIII �III) IIIII IIII) IIIII (II�I IIIII IIII I�II
' � DEPUTY RECORDER �oF P�I1Lr _�
`q SEQLTENCE : 20122020148
4899 �� ii �I �Z NO. PAGES : 3
S �' C� ' � �,,C ORDIN 07/20/2012
TOWN OF MARANA
TOWN CLERK R ��E� 11:18
MAIL
11555 W CIVIC CENTER DR AMpU1dT PAID: $8.00
MARANA AZ 85653
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MARANA ORDINANCE NO. 2012.07
RELATING TO HEALTH AND SANITATIC}N; A.MENDING MA►RANA TOWN C()DE
TITLE 10 ENTITLED "HEALTH AND SANITATION"; AMENDING CHAPT'ER 10-1
ENTITLED "TRANSPORTATION AND �3UMI'ING 4F AGGREGATE MATERIAL";
ADDING DEFINITIQNS; CLASSIFYlNG VARIOUS OFFENSES AS CIVII� OR CRIMINAL;
ADDING NEW SE�TI{�N 10-1-3 MAI�ING IT A eIVII, I7VFRACTION TO SPII,L
GARBAGE AND REFUSE DURING TRANSPORT; REWRITING CHAPTER 10-2
ENTITL�D "MAlNTENANCE OF PROPERTY" RECrARD1NG THE ACCU1VlULATION OF
VEGETATION AND REFUSE AND THE PROCEDURES TO COMPEL REMOVAL;
AMENDING SECTION 1Q-3-5 TO CLASSIF� VIOLATIONS OF CHAPTER 10-3
ENTITLED "SEWAGE SLUDGE" AS CIVII., INFRACTIONS; AMENDING SECTIQN 10-4-7
TO CLASSIF� VI(}LATIONS C}F CHAPTER 10-4 ENTI'I'LED "TRAVEL REDUCTION
CODE" AS PETTY OFFENSES; DELETING CHAPTER 10-7 ENTITLED "PENALTIES";
AND DESIGNATING AN EFFECTIVE DATE.
WF�REAS the Tawn Council is authorized by A.R.S. § 9-240 to adopt ordinances
necessary or expedient for the abatement and removal of nuisances and ta provide the manner of >
prasecution and define the punishment far violation af adapted ordinances; and
WHEREAS the Town Council is autharized by A.R.S. § 9-499 to adopt ordinances
compelling the owner, lessee or occupant af property to remove rubbish, trash and weeds from
buildings, grounds and lots; and
V4�F�REAS the Town Council finds that the regulations established by this ordinance are
in the best interests of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED BY THE MA�QR AND COUNCIL 4F THE
TOWN OF MARANA, as follows:
SECTION 1. The amendments to the Marana Town Code Title 10 "Health and
Sanitation," three copies of which are on file in the office of the Town Clerk of the Town of
Marana, Arizona, which were made a public record by and attached as Exhibit A to Resalution
No. 2012-058 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part
of this ordinance as if fully set out here.
SECTION 2. The following penalty clauses are included in that portion of Title 10
amended pursuant ta this ordinance:
10-1-2 Transportation of garbage or aggregate material; classification;
enforcement
[Paragraphs A through F da not have any penalty clauses]
Marana Ordinance No. 2012A7 b/21J2012 JF
�
G. Violation of this sectian is a civil infraction and shall be enfarced pursuant to
chapter 5-7 of this code.
10-1-3 Spilled garbage or aggregate materials; classifica�ion
[Paragraph A does not have any penalty clauses]
B. Violation of this section is a civil infraction and shall be enforced pursuant to
chapter 5-7 of this code.
10-1-4 Illegal dumping; classification
[Paragraphs A and B do not have any penalty clauses]
C. Violation of this section is a class 1 misdemeanor.
10-2-2 Accumulation of vegetation prohibited; classification; enforcement
[Paragraph A does not have any penalty clauses]
B. Violatian of this section is a civil infraction and shall be enforced pursuant to
chapter 5-7 of this code.
10-2-3 Accumulation of refuse prohibited; classification; enforcement
[Paragraph A does not have any penalty clauses]
B. Violation of this sectian is a civil infraction and shall be enforced pursuant to
chapter 5-7 of this code.
10-3-5 Classification; enforcement
A. Vialation of this chapter is a civil infraction and shall be enforced pursuant to
chapter 5-7 af this code.
[Paragraph B does not have any penalty clauses]
10-4-7 Classification; enforcement
A. Violation of this chapter is a petty affense punishable as provided by the
Arizona revised statutes.
[Paragraphs B through D do not have any penalty clauses)
Marana Qrdinance No. 2012.07 6l21l2012 JF
�
, SECTION 3. The various town officers and employees are authorized and directed to
perform all acts necessary or desirable ta give effect to this ardinance.
SE�TION 4. All ordinances, resalutions, or motions and parts of ardinances, resolutions,
or motions of the Council in canflict with the provisions of this ordinance are hereby repealed,
effective as af the effective date of this ordinance.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, the decision shall not affect the validity of the remaining portians of this
ordinance.
SECTION 6. This ordinance shall become effective an the thirty-first day after its
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNC� OF THE T(}WN OF
MARANA, ARIZONA, this 17�' day of July, 2012. �^ �
Honea
Marana Ordinance No. 2012.07 6/21/2012 JF
ATTEST: APPROVED AS TO FURM:
WHEN RECORDED, RETURN TO: Q��� �o
� �y OFFICIAL RECORDS OF
O� oo �� �'$ . � PiNAL COUNTY RECORDER
11555 W CIVIC CENTER DRIVE �,y� b �
1VIARANA, ARIZONA 85653
DATE/Tf M E: 07/23/2012 1231
_ _ _ _ _ _ _ _ _ _ _ _ FEE: $10.00
PAGES: 3
� FEE NUMBER: 2012-062365
I�INI I�N fl���N��lll ������
_ __
MARANA ORDINANCE NC}. 2012.47
RELATING TO HEALTH ANLI SANITATIQN; AMENDING MARANA TOWN CODE
TITLE 10 ENTITLED "HEALTH AND SANITATION"; A.MENDINf`r CHAPTER 10-1
ENTITLED "TRANSPORTATION A1�D DLTMPiNG OF AGGREGATE MATERIAL";
ADDING DEFINITIONS; CLASSIFYING VARI(}US OFFENSES AS CIVII., OR CRIlVIINAL;
ADDING NEW SECTION 10-1-3 MAI�ING IT A�IVII, INFRACTION TO SPILL
GARBAGE AND REFUSE DURING TRANSPORT; REWRITING CHAPTER 10-2
ENTITLED "MAINTENANCE OF PROPERTY" REGARDING THE ACCI:IMULATION 4F
VEGETATION AND REFUSE AND THE PROCEDURES TO C4MPEL REM4VAL;
AlV�NDING SECTION 10-3-5 TO CLASSIF� VIOLATI4NS OF CHAPTER 10-3
ENTTTLED "SEWAGE SLUDGE" AS CIVIL INFRACTIONS; AMENDING SECTIQN 10-4-7
T4 CLASSIF� VIOLATIQNS OF CHAPTER 10-4 ENTITLED "TRAVEL REDUCTION
CODE" AS PETTY OFFENSES; DELETING CHAPTER 10-7 ENTITLED "PENALTIES";
AND DESIGNATING AN EFFECTIVE DATE.
WHEREAS the Town Council is authorized by A.R. S. § 9 to adopt ordinances
necessary or expedient for the abatement and removal of nuisances and to provide the manner of
prasecution and define the punishment for violation of adopted ordinances; and
WHEREAS the Town Council is autharized by A.R. S. § 9-499 to adopt ordinances
compelling the owner, lessee or occupant of property to remove rubbish, trash and weeds fram
buildings, grounds and lots; and
WHEREAS the Town Council finds that the regulations established by this ardinance are
in the best interests of the Town of Marana.
NOW, THEREF(JRE, BE IT ORDAINED BY THE MAYOR ANI7 COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. The amendments to the Marana Town Code Title 10 "Health and
Sanitation," three copies of which are on file in the office of the Town Clerk of the Town of
Marana, Arizona, which were made a public record by and attached as E�ibit A ta Resolution
No. 2012-058 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part
of this ordinance as if fully set out here.
SECTION 2. The following penalty clauses are included in that portion of Title 10
amended pursuant to this ordinance:
10-1-2 Transportation of garbage ar aggregate material; classification;
enforcement
[Paragraphs A through F do not have any penalty clauses]
Marana Chdinance No. 2012.07 6l2 U2012 JF
G. Violation of this sectian is a civil infractian and shall be enforced pursuant to
chapter 5-7 af this code.
1Q-1-3 Spilled garbage or aggregate materials; classification
[Paragraph A daes not have any penalty clauses]
B. Violation of this section is a civil infracti n and shall be enforced pursuant to
chapter 5-7 of this code.
10-1-4 Illegal dumping; classification
[Paragraphs A and B do not have any penal lauses]
C. Violatian of this section is a class 1 misdemeanor.
10-2-2 Accumulation af vegetation prohibited; classification; enforcement
[Paragraph A does nat have any penalty clauses)
B. Violation of this sectian is a civil infraction and shall be enfarced pursuant to
chapter 5-7 of this cade.
10-2-3 Accamulation of refuse prohibited; classificaHon; enforcement
[Paxagraph A does not have any penalty clauses]
B. Violation of this section is a civil infraction and shall be enforced pursuant to
chapter 5-7 of this code.
10-3-5 Classification; enforcement
A. Violation of this chapter is a civil infraction and shall be enforced pursuant to
chapter 5-7 of this cade.
[Paragraph B does not have any penalty clauses]
10-4-7 Classification; enforcement
A. Violation of this chapter is a petty offense punishable as provided by the
Arizona revised statutes.
[Paragraphs B through D do not have any penalty clauses]
Marana Ordinance No. 2412.p7 6/21/2012 JF
SECTION 3. The various town officers and employees are autharized and directed to
perform all acts necessary or desirable ta give effect to this ordinance.
SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions of the Cauncil in conflict with the provisions of this ordinance are hereby repealed,
effective as of the effective date of this ordinance.
SEGTION 5. If any section, subsection, sentence, clause, phrase or portian af this
ordinance is for any reason held to be invalid ar uncanstitutianal by the decision of any court of
competent jurisdiction, the decision shall not affect the validity of the remaining partions of this
ordinance.
SECTION 6. This ardinance shall become effective on the thirty-first day after its
adoption.
PASSED AND ADOPTED BY THE MA�OR AND COUNC � 4F THE TOWN OF
MA�RANA, ARIZONA, this 17�' day of July, ZO12. / n 1
Mavor Ed
ATTEST:
�
� ._'_ � � .i� 1 I�Ii
�•- /:• • •
Marana Ordinance No. 2012.07 6J21J2012 JF
APPROVED AS TO FORM:
MARANA RESQLUTIQN NO. 2012-058
RELATING TO HEALTH AND SANITATION; DECLARING AS A PUBLIC RECORD
FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE
N0.2012.07 TO MARANA TOWN CODE TITLE 10 "HEALTH AND SA1�IITATION,"
AlV1ENDING CHAPTER 10-1 ENTITLED "TRANSPORTATION AND DUMPING QF
AGGREGATE MATERIAL," ADDING DEFINITIONS, CLASSIF�ING VARIOUS
OFFENSES AS CIVIL OR CRIMINAL AND ADDING NEW SECTION 10-1-3 MAKING IT
A CIVIL INFRACTION TO SPII,L GARBAGE AND REFUSE DURING TRANSPORT;
REWRITING CHAPTER 10-2 ENTITLED "MAINTENANCE OF PROPERTY"
REGARDiNG THE ACCUMULATION OF VEGETATION AND REFUSE ANLD THE
PROCEDURES TO COMPEL REMOVAL; A1V�NDING SECTION 10-3-5 TO CLASSIFY
VIOLATIONS OF CHAI'TER 10-3 ENTITLED "SEWAGE SLUDGE" AS CIVIL
INFRACTIONS; AlV�NDING SECTION 10-4-7 TO CLASSIFY VIOLATIONS OF
CHAPTER 10-4 ENTITLED "TRAVEL REDUCTION CODE" AS PETTY OFFENSES; AND
DELETING CHAPTER 10-7 ENTTI'LED "PENALTIES"
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to the Marana Town Cade Title 10 "Health and
Sanitation," a copy of which is attached to and incorporated in this resolution as Exhibit A and
three copies of which are on file in the office of the Town Clerk, is hereby declared to be a
public recard and ordered to remain on file with the Town Clerk
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1'7 day of July, ZO12 //�
/ �'
� ayor d H nea
APPROVED AS TO FORM:
Marana Resolution No. 2012-058 Page 1 of 1 06l22/2d12 JF
EXHIBITA TOMARANARESOLZITIONNO. 20�2-OS&
Amendments to the Marana Town Code, Title 10 "Health and Sanitation" pursuant to Marana
O�dinance No. 20�2.07
SECTION 1. The title of Marana Town Code Chapter 10-1 is hereby renamed
"Transportatian and dumping of garbage or aggregate material"
SECTION 2. Section 10-1-1 of the Marana Town Code is hereby revised as follows
with added te�t shown with double underlinin� and deletions shown with °*r�'�° ^��+ +°�:
10-1-1 Definitions
The followin� definitions shall a�nlv throughout this chanter unless the context
clearlv indicates otherwise.
A. "Aggregate materiaP' means any rock fragments, pebbles, sand, gravel,
cabbles, crushed base, asphalt, dirt or similar materiaL
B. "Closed container" means a container designed for transporting loose material
such as garbage, refuse or aggregate material, with sides, top and bottom
made of solid and durable material, such as metal or plastic, which will resist
normal wear and tear, and without any holes, cracks or openings through
which materials may escape, regardless of the degree to which the container is
filled.
C"Dis�asal facilitv" nleans anv active landfill inactive landfill, debris fill,
transfer station, temporarv drop off site for anv solid waste, waste stora�
site, or waste nrocessin� facilitv.
�D. "Enclosed cargo area' means a part of a vehicle designed for carrying
objects or materials, with all of the following characteristics:
1. Bottom and vertical sides made of solid and durable material, such as
metal or plastic, which will resist normal wear and tear, and without
any holes, cracks or openings through which materials may escape,
regardless of the degree to which the cargo area is filled;
2. A tailgate or equivalent device;
3. Seals on any opening used to empty a load from the cargo area,
including bottom dump gates and tailgates, sufficient to prevent
material from escaping; and
4. A cover, tarpaulin or other device which prevents the load from
becoming loose, detached or in any manner a hazard to other users of
the roadway, public thoroughfare or right-of-way.
"Enclosed cargo area" shall not include any part of a vehicle's cab or
passenger compartment, nor shall it include frame rails, fenders or decks of
low beds or flat beds.
�E. "Garbage �se" means any litter, refuse, rubbish, trash, weeds, filth
or debris which constitutes a hazard to public health and safetyt. "r'°r'^°^^ ^r
�e€�tse" and includes, but is not limited to, all putrescible and nonputrescible
Exhibit A 1 6/21l2012 JF
EXHIBIT A TQ MARANA RESOL UT�ON NO. 2012-058
Amendments to the Maranc� Town Code, Title 10 "Health and Sanitation"
pursuant to Ma�ana Ordinance No. 2012. 07
solid wastes including garbage, trash, ashes, street cleanings, dead animals,
abandoned automobiles, vehicle parts and solid market and industrial waste,
filthv ar odoriferous abiects or substances, any clippings af brush, grass, or
weeds, and any debris, rubbish or other unsightly or unsanitary matter of any
kind whatsoever.
SECTION 3. Section 10-1-2 af the Marana Town Code is hereby revised as follows
with added te� shown with double underlinin� and deletions shown with �*r�'�° �„+ +°°+:
10-1-2 Transportation of garbage or aggregate material; classification;
enforcement
A. � No nerson shall'�^ �?� v. transport garbag�, r^�� or aggregate e�e
material within the town limits in an open vehicle unless the garba�e or
a��re�ate material is in a closed container or in an enclosed cargo area.
B. Vehirles transporting the follawing materials are not required ta be equipped
with a caver or tarpaulin:
1. Loads composed salely of asphalt.
2. Loads composed solely of petroleum coke, if loaded with a chemical
surfactant (surface active agent) designed to prevent blowing, spilling
or escapmg.
3. Aggregate materials loaded so that no portion of the load cantacts the
sides of the cargo area closer than six inches from the top of the sides
and no partion of the load crowns or peaks above the top of the sides of
the cargo area.
4. Equipment employed in agricultural or husbandry activities.
C. No vehicle shall be driven or moved on any roadway within the town limits
unless the vehicle is so constructed or loaded as to prevent any of its laad
from dropping, shifting, leaking, or otherwise escaping from it, except that
sand may be dropped far the purpose af securing traction, or water or other
substances may be sprinkled on a roadway in cleaning or maintaining the
roadway.
D. Vehicles transparting aggregate material within the town limits shall be
equipped with the following equipment:
1. Splash flaps shall be maintained behind every tire or set of tires.
2. Fenders an cammercial trailers shall not be removed or disabled.
E. Vehicles transporting garbage, refuse or aggregate material within the town
limits and equipped with a bottom dump gate shall be equipped with the
following equipment:
E�ibit A 2 b12112Q12 7F
�XH�BIT A?'O MARANA RESOL UTI(�N NO. 2012-458
Amendlnents to the Marana Town Code, Title 10 `7�ealih and Sanitation"
pursuant ta Marana Ordinance No. 2012. 07
1. Shed boards designed to prevent material deposit on the vehicle body
during top loading.
2. A eenter flap behind the bottom dump gate, which may be located
either directly behind the gate, or to the rear af the rear axle and in line
with the splash flaps. The outside edge af the center flap shall not
extend rnore than one inch from the sidewall of the adjacent tire. The
center flap shall be a mininlum of 24 inches in height and shall be within
5 inches of the roadway surface.
F. Vehicles with cargo areas comprised af full rigid enclosures are exempt from
the requirements of subsection E of this section.
G. Violation of this section is a civil infraction and shall be enforced nursuant to
chapter 5-7 of this code.
SECTION 4. New section 10-1-3 entitled "Spilled garbage or aggregate material;
classification" is hereby added to the Marana Town Code as follows and the sections that follow
are renumbered to conform:
10-1-3 Spilled garbage or aggregate materials; classification
A. Any person transporting any garbage or aggregate materials along the streets
of the town shall immediately replace in the conveyance used for the hauling
any garbage or aggregate materials which may fall upon any street.
B. Violation of this section is a civil infraction and shall be enforced pursuant to
chapter 5-7 of this code.
SECTION 5. Existing section 10-1-3 of the Marana Town Code {renumbered as section
10-1-4 by section 4 of this ordinance), is hereby deleted in its entirety and replaced with new
section 10-1-4, as follows:
10-1-4 Illegal dumping; classification
A. No person shall dump, deposit, place, throw, discard or leave garbage on any
public or private property not owned or under the control of that person
except at a designated disposal facility or in an authorized garbage receptacle
that prevents garbage from being carried or deposited by the elements upon
any other private or public praperty.
B. In addition to any penalty that may be imposed by this code, any �erson
violating the provisions of this section shall be liable for any costs assessed for
removing, abating or enjoining the garbage.
C. Violation of this section is a class 1 misdemeanor.
Exhibit A 3 6/21/2012 JF
EXHIBIT A TO MA�ZANA RESOL UT�ON NO. 20I2-058
Amendments to the Mara�zcr Town Code, Title 10 "Health and Sanitation" puYSUant toMarana
Ordinance No. 2012.07
SBCTION b. Existing Chapter 1Q-2 of the Marana Tawn Code is hereby deleted in its
entirety and replaced with new Chapter 10-2, as follows:
CHAPTER 10-2 MAINTENANCE OF PROPERTY
10-2-1 Definitions
The fallowing definitions shall apply throughout this chapter unless the context
clearly indicates otherwise.
A. "Owne�'' means, as applied to property, any part owner or joint owner.
B. "Property" means buildings, grounds, lots and tracts of land.
C. "`Refuse" means any rubbish, trash, filth or debris which constitutes a hazard
to public health and safety and shall include all putrescible and
nonputrescible solid wastes including garbage, trash, ashes, street cleanings,
dead animals, abandoned autamobiles, vehicle parts and solid market and
industrial waste, any deposit, accumulation, pile ar heap of brush, grass,
debris, weeds, cans, cloth, paper, wood, rubbish or other unsightly or
unsanitary matter of any kind whatsoever.
D, "Weeds' includes, but is not limited to, untended or uncultivated plants,
invasive plants, aggressively seeding plants, Russian thistle, ragweed, plants
generally accepted as having no value and frequently of uncontrolled growth.
10-2-2 Accumulation of vegetation prohibited; classification; enforcement
A. Each owner, lessee, tenant, resident or occupant shall maintain a property so
it is free of the accumulation or untended growth of vegetation. The
accumulation or untended grawth af vegetation means the presence of plants
an property that create a fire, safety or health hazard, or that attract vermin
either on the property, on neighboring properties, or on both, and includes
but is not limited to:
1. Any growth of brush, grass or other vegetable growth that exceeds nine
inches in height.
2. All weeds that exceed nine inches in height.
3. Dead trees or dead shrubs.
4. Dead palm fronds within ten feet of the ground, a structure, a fence or
wall, or of any combustible ather than the tree from which the fronds
have grown.
5. Any tree, shrub, or other farm of vegetation af any kind on the property
or on the adjoining right-of-way, street, or alley that extends over or
under the sidewalk space or roadway in a manner that may interfere
with the reasonable use of the street, sidewallc, or alley for pedestrian or
vehicular traffic of any kind or that may obstruct the view or light
E�ibit A 4 6l21f2012 JF
EXH�BIT A TO MARANA RESQL UT�ON NO. 2012-458
Amendments to the Marana Town Code, Title 10 "Health and Sanitation"
pursurznt to Marana Ordinance No. 2012. 07
distribution of traffio-control devices or luminaries. Vegetation must be
trimmed and maintained to pravide an unobstructed pedestrian path a
min imum of 48 inches in width and 80 inches in height from grade.
B. Violation of this section is a civil infraction and shall be enforced pursuant ta
chapter 5-7 of this code.
10-2-3 AccumulaHon of refuse prahibited; classification; enforcement
A. Each owner, lessee, tenant, resident or occupant shall maintain a property sa
it is free af the accumulation of refuse. The accumulation of refuse means
contained or uncontained refuse that is present on property that is not a
properly licensed and zoned junkyard or material reeycling facility.
B. Violation of this section is a civil infraction and shall be enforced pursuant to
chapter 5-7 of this code.
10-2-4 Notice to compel removal of refuse, vegetation or weeds
A. If enforcement pursuant to chapter 5-7 of this code fails to secure compliance
with the provisions of this chapter, ar if the tawn is unable ta pursue
enforcement pursuant to chapter 5-7 by reason of failure to secure jurisdiction
over the awner, lessee, tenant, resident or occupant of the property in
question, the town shall provide notice to compel the removal of refuse,
vegetation or weeds by the procedures set forth in this section.
B. The town shall provide written notice of a violation of this chapter to the
owner of the property, the owner's authorized agent or the awner's statutory
agent, and to the occupant or lessee of the praperty, if any. The notice shall be
served by persorial service or by certified mail. If the notice is served by
certified mail, it shall be mailed to the last known address of the owner, the
owner's authorized agent or the owner's statutory agent and to the address to
which the tax bill for the property was last mailed.
C. The notice shall include all of the following:
1. A description of the violation;
2. A legal description of the property;
3. A date by which the owner, occupant ar lessee must come into
compliance with this chapter, which date shall be not less than 30 days
from the date af service of the natice;
4. A statement that if any person with an interest in the property,
including an owner, lienholder, lessee or occupant, fails to comply with
this chapter by the date set for compliance, the town will remove the
refuse, vegetation ar weeds and assess all costs for removal against the
property;
Exl�ibit A � 6/2112Q12 JF
EXHIBITA TOMARANARES�LUTIONNO. 20�2-Q58
Amendments to the 11�Iarana �'own Code, Title 10 "Healtl� and Sanitation"
pursuant to 11�farana O�dinance No. 2012. 07
5. A statement of the cost ta the town for rernoval of the refuse, vegetation
or weeds should the owner, occupant or lessee fail to comply with the
notice; and
6. A description of the owner's, occupant's or lessee's right to appeal the
notice, as provided in this chapter.
10-2-5 Appeal
A. Within ten business days after the owner's, occupant's or lessee's receipt of
the natice described in section 1Q-2-4, the owner, occupant or lessee may file a
written response and request for an appeal hearing with the town clerk.
B. Within seven business days after receipt of the owner's, occupant's or lessee's
request for appeal, the town shall either withdraw or madify the notice or
schedule an appeal hearing before the tawn council.
C. The owner, occupant or lessee shall be notified in writing by certified maff of
the date, time and location of the hearing.
D. The hearing shall be scheduled not less than 15 calendar days and no mare
than 30 calendar days after receipt by the town clerk of the request for
hearing.
E. The hearing shall be conducted in an informal manner and the rules of
evidence shall not apply. The owner, occupant or lessee may be represented
by an attorney.
F. The council may affirm or withdraw the notice or modify the scope of the
work required by the notice. The decision of the council is final.
10-Z-6 Removal by town; costs assessed; appeal; recording of assessment
A. If the owner, occupant or lessee fails, negleets or refuses to comply with the
notice described in section 10-2-4 in a timely manner, the town may remove,
abate, enjoin or cause the removal of the refuse, vegetation or weeds at the
expense of the owner, occupant or lessee.
B. Upon completion of the work, the town shall prepare a verified statement of
account of the actual cost of the removal or abatement, including 5% for
additional inspection and other incidental connected casts, the date the work
was completed, and the legal description of the property on which the work
was done, and shall serve a duplicate copy of the verified statement upon the
owner, occupant or lessee in the manner described in paragraph B of section
10-2-4.
C. Within ten business days after the owner's, occupant's or lessee's receipt of
the verified statement described in paragraph B of this section, the owner,
occupant or lessee may file a written response and request for an appeal
hearing with the town clerk.
E�ibit A 6 6l21/2012 JF
EXHIBIT A TO MARANA RESQ� UTION NO. 2012-058
Amendments ta the Marana Town Code, Title 10 "Health and Sanitation"
pursuant to Marana Ordiraance No. 2012. 07
D. Within seven business days after receipt of the owner's, occupant's or lessee's
request for appeal, the town shall either withdraw or modify the verified
statement or schedule an appeal hearing before the town council. The
provisions of paragraphs C, D and E of section 10-2-5 shall apply to any
appeal hearing provided pursuant to this section.
E. The council may affirm or modify the amount of the assessment or determine
that no assessment at all shall be made. The decision of the council shall be
final and binding on all persons.
F. If an appeal of the assessment of costs is not filed with the town clerk within
the time period provided for appeal, then the amount of the assessment as
determined by the town shall become final and binding.
G. If na appeal is taken from the amount of the assessment, or if an appeal is
taken and the council has affirmed or modified the amount of the assessment,
and if the owner, occupant or lessee of the property does not pay the
assessment within 14 calendar days after it becomes final, the ariginal or
council-modified assessment shall be recorded in the office of the county
recorder and, fram the date of its recording, shall be a lien on the property
until paid.
10-2-7 Enforcement independent of ather enforcement action
The authority of the town to enforce the provisions of this chapter is independent
of and in addition to the authority of other town officials to enforce the
provisions of any other chapter of this code or other laws, ordinances, or statutes.
SECTION 7. Section 10-3-5 of the Marana Town Code is hereby revised as follows
with added te� shown with double underlinin� and deletions shown with �*r�'r° ���* +°�:
1Q-3-5 Classification; �enforcement
A. Violation of this chavter is a civil infracti and shall be enforced pursuant to
chapter 5-7 of t11is code.
B. Enforcement of this chapter shall be the responsibility af the town planning
and zoning administrator, but other law enforcement officers and code
compliance officers of the town may be called upon to enforce its provisions
from time to time.
SECTI4N S. Section 10-4-7 of the Marana Town Code is hereby revised as follows
with added te� shown with double underlinin� and deletions shown with �*��'�° �� •+ +°�:
10-4-7 Classification; �enforcement
A. Violation of this cha�ter is a nettv offense nunishable as bravided bv the
Arizona revised statutes.
E�ibit A 7 6121!2012 JF
EXHIBIT A TO �IARANA �ESOL UTION NO. 20I2-058
Amendments to the Ma�ana Town Code, Title 10 "Hettlth and Sanitation"
pursuant to Marana Ordinance No. 2012. 07
�&. The lead ageney, upon determining a� substantial violation of this code,
shall request the town attorney to take appropriate legal action.
�C. Violations of any af the following requirements may subject a majar
emplayer to enfarcement actians.
1. Failure to collect ar supply information requested by the TRP task force.
2. Failure ta disseminate information on alternate modes and other travel
reduction measures as specified in this chapter.
3. Failure ta designate a transportation coordinator.
4. Failure to submit an approvable travel reduction plan.
5. Failure to implement an approved plan within the time schedule
pravided or failure to perform a revision of a plan as required by the
TRP task force.
�D. Failure by a major employer to meet travel reduction goals as defined in
sections 10-4-5E and F shall not constitute a violation provided that the major
employer is attempting in good faith to meet the goals.
SECTION 9. Chapter 10-7 of the Marana Town Code entitled "Penalties" is hereby
deleted in its entirety.
Exhibit A g 61Z112Q12 JF