HomeMy WebLinkAboutResolution 2012-058 declaring as a public record amendments to title 10 of the town codeMARANA RESOLUTION NQ. 2012-058
RELATING TO HEALTH AND SAlVITATION; DECLARING AS A PUBLIC RECORD
FILED V�ITH THE TQ�N CLERK THE AMENDMENTS ADOPTED BY ORDINANCE
N0.2012.07 TO MARANA TOWN CODE TITLE 10 "HEALTH AND SANITATIQN,"
AlV1ENDING CHAPTER 10-1 ENTITLED "TRANSPORTATION AND DUNIl'iNG OF
AGGREGATE MATERIAL," ADDING DEFIlVITIONS, CLASSIFYING VARIOUS
OFFENSES AS CIVIL OR CRIlV1INAL AND ADDING NEW SECTION 10-1-3 MAKING IT
A CIVIL 1NFRACTION TO SPILL GARBAGE AND REFUSE DURING TRANSPORT;
REWRITING CHAPTER 10-2 ENTITLED "MAINTENANCE OF PROPERTY"
REGARDING THE ACCUlV1ULATION OF VEGETATION AND REFUSE AND THE
PROCEDURES TO COMPEL REMOVAL; AlV�NDING SECTION 10-3-5 TO eLASSIFY
VIOLATIONS OF CHAPTER 10-3 ENTITLED "SEWAGE SLUDGE" AS CIVIL
INFRACTIONS; AlV�NDINC`r SECTION 10-4-7 TO CLASSIFY VIOLATIONS OF
CHAPTER 10-4 ENTITLED "TRAVEL REDUCTION CODE" AS PETTY OFFENSES; AND
DELETING CHAPTER 10-7 ENTITLED "PENALTIES"
BE IT RESOLVED BY THE MAYQR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to the Marana Town Cade Title 10 "Health and
Sanitation," a capy of which is attached to and incorporated in this resalution 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 record and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCII, OF THE TOWN OF
MARANA, ARIZONA, this 17 day of July, 2012 �
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Marana Resolution No. 2012-058 Page 1 of 1 06/2212d12 7F
APPROVED AS TO FORM:
F,'XHIBIT A TO MARANA RESOL LITION NQ. 2012-058
Amendments to the Marana Town Code, Title 10 "HeaZth and Sanitation" pursuant to Marana
Ordinance No. 2012.07
SECTION l. The title of Marana Town Code Chapter 10-1 is hereby renamed
"Transportation and dumping of garbage or aggregate material"
SECTION 2. Section 10-1-1 of the Marana Town Code is hereby revised as follaws
with added text shown with double underlinin� and deletions shown with ^*r;r>° ^„+ +°�,�:
1Q Definitions
The followin� definitions shall a�nlv throu�hout this chat�ter unless the context
clearlv indicates otherwise.
A. "Aggregate material" means any rock fragrnents, pebbles, sand, gravel,
cobbles, 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, witli 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 apenings through
which materials may escape, regardless of the degree to which the container is
filled.
C"Dis�osal facilitd' means anv active landfill inactive landfill, debris fill,
transfer station, temvararv dron off site for anv solid waste, waste starage
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. Bottam 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 carga 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 otY►er users of
the roadway, public thoroughfare or right-of-way.
"Enclosed cargo area" shall not include any part of a vehicle's cab ar
passenger campartment, nor shall it include frame rails, fenders or decks of
low beds or flat beds.
�E. "Garbage �" means any litter� refuse, rubbish, trash, weeds, filth
or debris which constitutes a hazard to public health and safety�. "
M"� and includes, but is not limited to, all putrescible and nonputrescible
E�ibit A 1 6/21/2012 JF
EXHIBIT A�'O �ARANA RESO� UTIQN NO. 2012-458
Amendments to the Marana Town Code, Title 1 Q"Health and Sanitation "
pursuc�nt to Marana Orc�inance No. 2012. 07
solid wastes including garbage, trash, ashes, street cleanings, dead animals,
abandoned automobiles, vehicle parts and solid market and industrial waste,
filthv or odoriferous obiects ar substances, any clippings of brush, grass, or
weeds, and any debris, rubbish or other unsightly or unsanitary matter af any
kind whatsoever.
SECTION 3. Section 10-1-Z of the Marana Town Code is hereby revised as follows
with added text shown with dauble underlinin� and deletions shown with c*r;'�° �„* *°°*:
10-1-2 Transportation of garbage or aggregate material; classification;
enforcement
A. � No �erson shall ?�^ �'_�-.?^�.?;� transport garbage, �^�� or aggregate ^M�
a-- – —
material within the town limits in an open vehicle unless the �arbage or
a_� material is in a closed container or in an enclosed cargo area.
B. Vehicles transporting the following materials are not required to be equipped
with a cover or tarpaulin:
1. Loads composed solely of asphalt.
2. Loads conl�osed solely of petroleum coke, if loaded with a chemical
surfactant (surface active agent) designed to prevent blowin�, spilling
or escaping.
3. Aggregate materials loaded so that no partion of the load contacts the
sides of the cargo area closer than six inches from the top of the sides
and no portion 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 an any roadway within the town limits
unless the vehicle is so constructed ar loaded as to prevent any of its load
from dropping, shifting, leaking, or otherwise escaping from it, except that
sand may be dropped for the purpose of securing traction, or water or other
substances may be sprinkled on a roadway in cleaning or maintaining the
roadway.
D. Vehicles transporting 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 on cammercial trailers shall not be removed or disabled.
E. Vehicles trans�orting garbage, refuse or aggregate material within the town
limits and equipped with a bottom dump gate shall be equipped with the
following equipment:
E�hibit A 2 6l21/2012 JF
EXH�BIT A TO NfARANA RESOL UTION NO. 20I2-458
Amendments lo the Marana Town Cade, Title 10 "Health and Sanitc�tiQn"
pursuant 10 �larana Ordinance No. 2012. 47
1. Shed boards designed to prevent material deposit on the vehicle body
during top loading.
2. A center 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 of the center flap shall not
extend more than one inch from the sidewall of the adjacent tire. The
center flap shall be a minimum of 24 inches in height and shall be within
5 inches of the roadway surface.
F. Vehicles with cargo areas comprised of 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 pursuant to
cha�ter 5-7 of this code.
SECTION 4. New section 1Q-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 transparting any garbage or aggregate materials alang the streets
of the tawn shall immediately replace in the conveyance used for the hauling
any garbage or aggregate materials which may fall upon any street.
B. Vialation 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 sectian
10-1-4 by section 4 af 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, depasit, 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 dispasal facility or in an authorized garbage receptacle
that prevents garbage from being carried or deposited by the elements upon
any other private or public property.
B. In addition to any penalty that may be im�osed by this code, any person
violating the provisions of this section shall k�e lial�le for any costs assessed for
removing, abating or enjoining the garbage.
C. Violation of this section is a class 1 misdemeanor.
E�ibit A .� 6/21/ZQ12 JF
EXHIBIT A TO MARANA RESQL UTION NO. 20�2-058
Amendments to the ll�farana Town Code, Title 10 "Health and Sanitation" pursuant to Marana
Ordinance No. 2012. 07
SECTI4N 6. Existing Chapter 10-2 of the Marana Town Code is hereby deleted in its
entirety and replaced with new Chapter 10-2, as follaws:
CHAPTER 10-2 MAINTENANCE OF PROPERTY
10-2-1 Definitions
The following definitions shall apply throughout this chapter unless the context
clearly indicates otherwise.
A. "Owner" 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
ta public health and safety and shall include all putrescible and
nanputrescible salid wastes including garbage, trash, ashes, street cleanings,
dead animals, abandoned automobiles, vehicle parts and solid market and
industrial waste, any deposit, accumulation, pile or heap of brush, grass,
debris, weeds, cans, cloth, paper, wood, rubbish or ather unsightly or
unsanitary matter of any kind whatsaever.
D, "Weeds° includes, but is not limited ta, 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-Z Accumulatian of vegetation prohibited; classification; enforcement
A. Each owner, lessee, tenant, resident or occupant shall maintain a property so
it is free of t11e accumulation or untended growth of vegetation. The
accumulation or untended growth of vegetation means the presence of plants
on property that create a fire, safety or health hazarci, or that attract vermin
either on the property, on neighboring properties, ar 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 other than the tree from which the fronds
have grown.
5. Any tree, shrub, or other form of vegetation of any kind on the property
ar on the adjoining right-of-way, street, ar 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 ar that may obstruct the view or light
Eahibit A 4 6121/2012 JF
EXHIBIT A TO MARANA �ZESQL UTIQN NO. 2012-OSf3
Amendments to the Marana Town Code, Title 1 D"Health and Sanitation"
pu�suant to Ma�ana Ordinance No. 2012. 07
distribution of traffic-control devices or luminaries. Vegetation must be
trimmed and maintained to provide an unobstructed pedestrian path a
minimum 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 to
chapter 5-7 of this code.
10-2-3 Accumulafiion of refuse prahibited; classification; enforcement
A. Each owner, lessee, tenant, resident ar occupant shall maintain a property so
it is free of 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 zaned junkyard or material recycling facility.
B. Vialation 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, or if the town is unable ta pursue
enforcement pursuant to chapter 5-7 by reason of failure to secure jurisdiction
over the owner, lessee, tenant, resident or occupant of the pro�erty 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 owne�'s authorized agent or the awner's statutory
agent, and ta the accupant or lessee of the property, if any. The notice shall be
served by personal 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 af the property;
3. A date by which the owner, occupant or lessee must come into
compliance with this chapter, which date shall be not less than 30 days
from the date of service of the notice;
4. A statement that if any person with an interest in the property,
including an owner, lienhalder, lessee or occupant, fails to comply with
this chapter by the date set for compliance, the town will remove the
refuse, vegetation or weeds and assess all costs for removal against the
property;
Exhibit A $ 6121/2012 JF
EXHIBIT A TO �I�IARANA RESOL tITION NO. 2012-058
�lmendments to the Marana Town Code, Title 10 "Health and Sanitation"
pursuant 10 Marana Ordinanee No. 2012. �7
5. A statement of the cost to the town far remaval 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 notice described in section 10-2-4, 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 modify the notice or
schedule an appeal hearing before the town council.
C. The owner, occupant or lessee shall be notified in writing by certified mail of
the date, time and location of the hearing.
D. The hearing shall be scheduled not less than 15 calendar days and no more
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 t11e scope of the
work required by the notice. The decisian of the council is final.
10-2-6 Removal by town; costs assessed; appeal; recording of assessment
A. If the awner, occupant or lessee fails, neglects or refuses to comply with the
notice described in section 10-2-4 in a timely manner, the town may remove,
ahate, 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 costs, 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
1Q-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 ar lessee may file a written response and request for an appeal
hearing with the town clerk.
E�ibit A 6 6/21/2012 JF
EXHIBIT A TO MA�ZA�VA RESO� UTION NO. 20�2-058
Amendments to the Marana Town Code, 7'itle 10 "Health and Sanitation"
pu�suant to 11�arana Ordinance No. 2012. Q7
D. Within seven business days after receipt af the awner's, occupant's or lessee s
request far appeal, the tawn 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 ar 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 no appeal is taken from the amount of the assessment, ar if an appeal is
taken and the council has affirmed or rnodified the amount of the assessment,
and if the owner, accupant or lessee of the property does not pay the
assessment within 14 calendar days after it becomes final, the original or
council-modified assessment shall be recorded in the office of the county
recorder and, from the date of its recording, shall be a lien on the property
until paid.
10-2-7 Enforcement independenf of other enforcement action
The authority of the town to enfarce 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 text shown with double underlinin� and deletions shown with �*r;'°° �„+ *°°*:
10-3-5 Classification; �enfarcement
A. Violation af this chanter is a civil infraction and shall be enforced pursuant to
chabter 5-7 of this cade.
B. Enforcement of this chapter shall be the responsibility of the town planning
and zoning administratar, but other law enforcement officers and code
comnliance officers of the town may be called upon to enforce its provisions
from time to time.
SECTION 8. 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 °*r;'>° �„+ +°�:
10-4-7 Classification; �enforcement
A. Vialation of this chanter is a betty offense nunishable as rarovided bv the
Arizona revised statutes.
E�ibit A 7 6/21/2012 JF
EXI�IB�T A TO MARANA RESOL LTTIDN NO. 2012-058
Amendments tQ the Marana Town Code, �'itle 10 "Heal�h and Sanitation"
pursuant to Marana Ordinance No. 2012.0�
�4B. The lead agency, upon deterniining a� substantial violation of this code,
shall request the town attorney to take appropriate legal action.
�C. Violations of any of the following requirements may subject a major
employer to enforcement actions.
1. Failure to collect or supply information requested by the TRP task force.
2. Failure to disseminate information on alternate modes and other travel
reduction measures as specified in this chapter.
3. Failure to designate a transportation coordinator.
4. Failure to submit an appravable travel reduction plan.
5. Failure to implement an approved plan within the time schedule
provided or failure to perform a revision of a plan as required by the
TRP task force.
ED. 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 majar
employer is attempting in gaod faith to meet the goals.
SECTION 9. Chapter 10-7 of the Marana Town Cade entitled "Penalties" is hereby
deleted in its entirety.
E�ibit A g 6l2 U2012 JF