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HomeMy WebLinkAboutOrdinance 2016.019 Amending Town Code Title 10MARANA ORDINANCE No., 2015.01.9 RELATING To HEALTH AND SANITATION; AMENDING MARANA TOWN CODE TITLE 10 (HEALTH AND SANITATION); REVISING SECTION 10 -2 -6 (APPEAL) AND SECTION 10 -2 -7 (REMOVAL BY TOWN; COSTS ASSESSED; APPEAL; RECORDING OF ASSESSMENT) To DESIGNATE THE BOARD OF ADJUSTMENT AS THE APPELLATE REVIEW BODY FOR PROPERTY MAINTENANCE ACTIONS ENFORCED BY THE TOWN; AND DECLARING AN EMERGENCY W14EREAS the Town Council is authorized by A.R.S. § 9--499 to compel the owner, lessee or occupant of property to remove from the property and its contiguous sidewalks, streets and alleys any rubbish, trash, weeds or other accumulation of filth, debris or dilapidated buildings that constitute a hazard to public health and safety; and WHEREAS the Town Council adopted ordinance 20 1.2.07, adding Chapter 1.0 -2 "Maintenance of Property" to the Marana Town Code to provide fair and reasonable regulations regarding removal of rubbish, trash, weeds, filth, debris and dilapidated buildings that constitute a hazard to public health and safety; and WHEREAS the Town Council finds that revising Chapter 10 -2 of the Marana Town Code regarding Maintenance of Property as set forth in this ordinance is in the best interests of the Town of Marana. and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF ]MARANA., as follows: SECTION 1. Marana Town Code Title 1.0 (Health and Sanitation) is hereby amended to revise section 10 - - 6 (Appeal) as follows (with deletions shown with �wou#s, and additions shown with double underlining) 10 -2.6 Appeal [Paragraph A remains unchanged] B. Witl`tin 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 board of adjustment [Paragraphs C through E remain unchanged] F. The boaiTd o f ad' ustineilt may affii�i�n C71" withdraw the notice or modify the scope of the work required by the notice. The decision of the �e board of adjustment is final. Marana ordinance No, 2016,019 SECTION 2. Marana Town Code Title 1.0 (Health and Sanitation) is hereby amended to revise section 1.0 -2 -7 (Removal by town; costs assessed; appeal; recording of assessment) as follows (with deletions shown with c S. and additions shown with double underlining): 10-2 -7 Removal by town; costs assessed; appeal.; recording of assessment [Paragraphs A through C remain unchanged] 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 tewn counci board of adjustment The provisions of paragraphs C, D and E of section 10-2 -6 shall apply to any appeal hearing provided pursuant to this section. E. The couneil board of ad'ustmetit may affirm or modify the amount of the assessment or determine that no assessment at all shall be made. 'The decision of the council board of adjustment shall be final and binding on all persons. [Paragraph F remains unchmnged] G. if no appeal is taken from the amount of the assessment, or if an appeal is taken and the council board of adjustment 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 original or eouneil board of adjustment - 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. SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of 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 portions of this ordinance. SECTION 6. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. 00048428.IJOC II Marana Ordinance No. 201 X3.0 19 -2- PASSED AND ADOPTED b the Ma and COUncil of the Town of Marana, Arizona, Ma Ed Honea APPROVED AS TO FORM: r k sic� Towi /A orne 00048428. DOC /I Marana Ordinance No. 2016.019 -3 - this 6th da of September, 2016.