HomeMy WebLinkAboutOrd. 26-09, Article 8-8QR�INANCE NO. 2fi-49
ORDINANCE ND. 2G-09
EXHIBIT A
Town Coc�e Arti�lc 8-�3 Commui�ity Residei��:es
Sections:
8-8-1 Purpose
8-8-2 Qefinitinns
$-8-3 Registration; Re-i-egistration
S-S-4 Code Viniation 1n�estigations
8-8-5 Violations a��d Penalties
Section 8-$-1 Purpnse
This article is adapted to proCect the peace,llealth, safety, and weffai-e of the Town's
residents by enacting reasanable regulations that eilsure corztrtttinity reside�zces are
❑perated and maintained in a manner that complies with state lire�lsing
require:nents, pravides far the needs ❑Fresidents, and maintains the pea�e and
saFery oF the surrounding neighbarhoad. lt shall be u»lawful tn pra�ide, offei� or
operate a cnnlmunity residence within the corporate limits af the Tawn withatiC
�irst registei-ing the hame as �ra�ided in this article and withatit complying with any
and all applicable laws, regulations and this code.
5ection $-8-2 Defitlitions
CQmmtinity Residence: A �ammunity residence is a resiclential living arrangement
where iildi�iduals li�e as a family in a single dwelling unit wh❑ are iii need af the
mutual support ftirnished by ather residents of the commutliCy residence as well as
C�te support ser�ices, iFany, pro�ided by t�e staf'f'of the �ommunity residence.
Residents may be self-go�er�li�lg �r sLipert�ised by a spnnsoririg entity or its staff,
which prnvides hahilitati�e or rehabilitati�e ser�ices related to the residents'
disabilities. A commuility residen�e seeks Ca en�tilate a biologi�al family to foster
normalizatinn ❑f its residents and integrate them iilto tlie surrou�idi�ig carrsmt�nity.
Its primary pu�'pt�se is Ca pravide sheiter in a Family-like cn�ironment. Medical
treatment is incideiltal as in ai�y horne. 5uppt�rti�e inter-relatinnsl7i��s l�etween
ORl][NANCE NQ. Zb-Og
residenCs are an essential �omponent. Cammunity residence ial�ludes snher Ii�ing
hames and assisted li�ing hames b�it does nat include any ather gi-oup li�ing
arrazlgemerst far unrelated i�zdi�iduals w�lo are not disauled �zar any shelter,
roomi�lg house, baarding �l�use or trailsient occupailcy.
Family: A�i indi�idi�al, ❑r two [2� ❑r more persons related lay hlnod nr marriage, or a
group of nat more thail four [4] persons nat retated by bloo�i or marriage, li�i�zg
tngether as a single housekeeping group in a dwelling unit. Ii� spirit but not direct
application, fa�x�ilies maintain legal domicile at the particular dwelling unit and legal
ownership ar te�tan�y af Che dwelli�lg unit as e�idenced an a deed ar lease.
Family Canlmunity Residen�e: A conlmunity residence with fi�e �5] ta ei�ht t8]
beds, including resident staFf, that is a relati�ely perm�nent li�ing arrangement with
no limit on the length of tetlai�cy as determined in practice ar by the rules, charter,
ar other ga�erning dncume�zts oFthe commu�iity residence. The minimum length aF
tenancy is typi�ally a year or lo�lger.
Transitional Community Residen�e: A �ommtinity residence with fi�e [5] to six [6]
}�e�3s, inclLiding resident staff, that pro�ides a relati�ely temporary li�ing
arrailgement with a limit �n length of tenancy more tllan thirCy [30) days and less
than a year, as determined either in practi�e or by the rules, charter, ar ather
go�erning dacument of tl�e conlmunity residence.
5-3-3 Registration; Re-registration
A. Application Requirements.
1. Capy oF license ar certiFied through one [1] ❑r more of the fallawing graups:
a. I.icense �r is certified by the 5tate of Arizona Department of Health; ar
�. License oi- is certifiez� by the Arizona Reco�ery H�usi=ig Assa�iation; ar
c. "Permanent" ❑xFord House charter.
2, ]f the property is being rented ar leased, an acknowledgement from the
property ow�ler agreeing to the �ise of the properry as a com:ttunity residen�e.
3. A des�ription oF the scope oF ser�ices ta be pra�ided in the home and
whethe�- the resideiits wil� �e amhulatary.
C17:� 171►�►1� [11 �i� [1�►�I:ffFL'�
4, A statement the hnme s}iall not hoLise any person whnse tenan�y wnuld
constitute a direct Chreat C� the health or safety of at�er indi�iduals or would
result in st�hstantial physical damage tn the praperty aFnthers.
5. T�le partians aFaziy state license a:• tllird-parry certification applicatio�l
reqt�irements that pro�ide:
a. Names aild conta�t information for cantact i�idi�idual[s] far the home
who can �-espand t❑ complai�lts or emergencies.
b. [nfarmation regarding poli�ies and pro�edures for residerits and �isitors
related to parking, noise emanatiiig fra�n the home, smaki�ig, cleanli�iess of
the public space near the home, and loitering in front of the home or iiearby
homes are established, knawn t❑ residents, and enFnrCed.
c. lnformation regarding effarts ta pz•omate the safety of the surrou�iding
n�igh6arhoad.
6. A floor plan oF the home shnwing all bedrflanns, �iV117�, and dining areas.
7. The applicant s��all attest tt�at ttley will pro�ide all e�iden�e permissibl� by
code and authority ha�ing jurisdi�tion necessary in response t❑ a �ode
enforcement inyuiry, in particular, o�cupancy logs.
8. T�le applira�lt shall attest that they will cooperate with any code �iolatian
in�estigations.
�J. Eviden�e af the prflperty's appz�opriate Maricapa Cou�ity tax cIassifi�ation For
the use applied prior to co�npletian af registratiail and occupancy af the
prnperty.
10. A capy ❑f the starsda:•d residency agreement fa�• indi�iduals to ❑ccupy the
community residen�e.
11. CertiFicatian that no outpatient treatme�zt center licensure will be solicited
ar occur an premises and that medicatian distri}�tition will nat exceed what
would normally }�e expected in a family hame.
I2. �wner and�or operator recei�es a Tow�i business license.
13. A certificate ❑f �ommercial lia6ility instirance For aperation ❑f the home at
the gi�ven lncatian. [�lsurance p�licy shall be a minimun� of $2 million per
accurrence and $4 million in aggre�ate with a wai�cr ot� s�ibro�atian far the
tawn.
[il :� I] I �1:1► [N �►I1)f►•r:s'll�]
B. Registratioi�.
1. Registration of a �ommt�nity residen�e with the Town is reqL�ired priar ta
beginning aperation. An appro�ed registratio�i is �alid for one �1] year fr�m �tate
administrati�ely issued.
2. Fallowing receipt af a complete �ippiication for registratia�i, the property will
ue inspected by the Building OF�icial and Fire Marshal for compliance with all life
safety requiremeaits. Any identified deficiencies must he addressed and
compliance �erified through � follow-cip inspection k�eFore t�ie registration will
he completed. Unannounced fallaw-up inspections may 6e canducted upail a
reasonable belief of ��oncomplililce.
3. All required documents listed in subse�tion A of this section will k�e re�iewed.
Any required corrections nr clarifi�ations must he submitted tn �omplete the
registratia�l process.
�. When all registratian requirements ha�e been met, the De�elopment Ser�ices
❑irector will administrati�ely complete the "1'own's registratian prncess.
5. If alI ot�ler requirements of tllis section are �net, the De�elopment Sei•�ices
Uire�tar anay issue a conditional registration For tip tn ninety [90] days while the
appiicant applies for and re�ei�es:
a. The license t�r certifirate as required by subsecti�n [�1][1] ❑f this secCio��;
}�. The Maricopa tax �eritication required by stibse�tion �A){8) of this
sectifln; and
A Town business licetlse.
�I'he applicant may o�cupy the residen�e until these items are recei�ed by the Town.
If nne {1) ❑r more of these items are not recei�ed by the Tawn within ninety (9fl}
days, or is not appra�ed, the registration oF thc praperty will be rescinded. Shauld
the �icense or certificate �ecnme re�oked for any reasan, the cammimiry residence
aperator will ha�e forty-Fi�e [45] days to �acate the praperty.
C. Reregistratian. The cammunity residence operatar mtist register annually 6y
submitting a new app]icatian with any updated dacuments. The registratiQn can be
renewed if the follawing are met:
1. '['he hnme has maintained a ct�rrent ii�ense nr �ertificate.
�. The horne or operator has maintained a current Towil 6usiness license.
;1] :�71► I 1► [M �l� CI�►.T.�1L'�
3, �I'he ho�zle or operator is in good standing with the Town, has caaperated
with code �iolation in�estigati�=ls, and has timely s•esol�ed any deFicien�ies.
4. f�einspectinn nF the prnperty has �eriFied ongoing campliance with:
a. i�ife safety staridards;
h. Oc�upancy limits; and
c, "1'he pnli�ies and pro�edures established in subse�tion [A](5] of this
section.
S. Verific�tian of the ctirrent, appropriate Maricapa Caunty tax status.
6. Verification of current iilsurance.
8-8-4 Code Violation lnvestigatio�ls.
T❑ ensure the safety and welfare of community residents and to ensure the peace
and tranquility of neighbors, the Town will implement a system that aliows
residents and �ieighuors to repnrt suspected "I'nwn �nde �iolations at camm�inity
residences. Complaii�ts that cc�ntain �erifiable e�idence ❑f a Tawn code �iolatian will
be in�estigated by Town ofticials, and thase withaut �erifiak�le e�idence and unak�le
tfl be substantiated will be admi�sistrati�ely dismissed. Code �iolatioii in�estigations
may require a�l interioi- inspectia:l af the commu�lity residence.
8-8-5 Violatinns arid Penalties.
�. In addition t❑ applicable penaities under Aa•i7ona law, �iolatians af this s�ction
shall be subject to the pro�isions of Town Code 5ectiars 1-8-3 regarding �ivil
penalties.
B. In additio�l ta the pra�isio�ls above, registration for a �ammui�ity residen�e may
be re�oked and the community residence required ta �acate tlle praperty if:
1. T�Ze requii•ed registration, licenstire ❑r certificate lapse and are nat reinstated
witt�in forry-fi�e [45] days of their last efFecti�e date; or
�. The praperry owner nr community residence operator recei�es any
cnmbination of three [3] �iolatioils related ta the operrttion af the �ommutlity
residence fro�n either the "I'nwn or the Arizona 1]epartment of Health 5er�ices
within a twel�e [12] manth period; ar
�RUINANCE NU. �G-09
3. A code �ialatiozl fails ta meet life safety standards to such a degree that it
poses an immediate threat to the healt}i and safety of �ammunity reside�lts.
4. Ttie applicant far the commu��ity reside��ce kn�wingly pro�ides false ❑i-
misleading information on ttie registration ar ail�ival re�'egistration.
Cll.i 1] 1►1:1� [11 ���[I]�f�•C:QIL`�
�R�INANCE NO. [Z6—flR]
AN OFt171NAiVCE OF THF. MAYQR AiVD COLINCIL DF THE 7'OWN �F
FOUNTAIN HILLS, MARI��PA CO[]N�'Y, ARj2DNA, AMENDING TDWN
C[]bE CHAP'I'ER 8, BL75INES5 f�EGL]�.A'i[QNS, TO iiVCl,CI�� AftTICLE 8-
8 CDNTAINING PR�VISI�NS RELATED TO COMMUNITY COMMUNITY
RESIDENCES.
WHEREAS, the Mayar and 'I'own Cauncil ha�e determirsed that it is in the best
interest af the residents of Fauntai�i Hills to ameiid Chapter 8 of the Town Code to
include Article 8-8 (Cammunity Residences]; and
WHEREAS, the Mayor and Tnwn Council has determined ChaC changes to the Town
Code ai-e necessary to pr�tect t�le peace, health, saf�ety, arid welf'ai-e af the Towri's
residents by enactin� reasonable regulations that ensure commtinity residences are
operate[1 and maintained itt a manrler that compfies with state licensislg
reguirements, pro�ides Far the needs af residents, and maintains the peace and
saFety of the stirrQu��ding neighharhoQd.; and
NIHEREAS, pui-suant io the pro�isio2ls of Title 9, Chapter 2, Arti�le 3, Subsection 9-
240 Qf Ariaona Re�ised Statutes, the Town Co�incil has the pawer to license and
regulate businesses operating in the jurisdiction ❑f the Taw�l.; and
WHEREAS, pursuant to the pro�isio�is of Title 9, Chapter 7, Article 4, SL1b5�CC1Dri 9-
842[H][2] ❑f Ariaona Re�ised Statutes, the 'I'own C�uncil has the atithority to
require }�usiness and fa�ility li�enses within the jurisdictian oi the Town.; and
WHEREAS, pu�•suant Co the prQvisions af Title 9, Chapter 4, Artizle F�.1, Subsectian
9-462.�5 of the Arizona Re�ised Stattites, t�e Town Cnun�il has the autharity to
estal�lish uy nrdinance appropriate rules arsd pracedures necessary flr desirable For
enfarcement aF zaning ordinances.; and
WHEftEAS, Arizona's comprehensive statutory scheme far regulating sober li�ing
hoines requires in Title 3f, Chapter 18, Article 4, 5ubsection 36-ZD62[C� that sok�or
li�ing homes "must camply with all federal, state and lQcal laws" and must "ohtain
and maintain �urrent doctin�entation fram the iacal jurisdiction �ei•ifying
compliai�ce wit�� all local zoning, buildii�g, fire and licensing a�-dinances and rules."
NOW, TH�R�F�RE, BE IT ORI]AINED 8Y THE MAY�R ANIi COIlNCIL UF' THE
TDWN �F F�[INTA[N HILL5, ARIZDNA, as follows:
SECTI�N 1. The recitals abo�e are herehy in�nrporated as iFftilly set forth
herein.
ORDINANCE NU. 26-U9
SECTI�N Z. That �hapter 8, Business Regulatians, aFthe Fountain Hills "['awn
Codc is herehy amended }�y the addition af a new Article 8-8 - Con�munity
Reside�ices as provided i�z Exklibit A attached hes•eto.
SECTION 3. lf any sectiail, subsection, sei�tence, cla�ise, ar phi-ase of this
ordina�zce is far any reason held tn be in�alid nr un�onstitutio��al, stsch decisinn
shali nat affect the remaining portions af this ardinailce.
SECTION 4. This ardii�ai�ce shall became ef'fecti�e thirty [34] days after its
passage and adoptinn hy the Town Cotincil ❑f the Towri of Fnuntain Hills, Arizona,
and its appra�al k�y the Mayar and attestation by the Town Clerk.
PASSED ANTI A�OPTED by the Mayor and Counc'rl of the Town ❑f Fauntain
Hi�ls, Ariaona, this 17th day o� 1vlar�h, 2U2fi.
TOWN QF FQUNTAIN HILLS, AR120NA
� �-'�-�
�
Gerry M. Friedel, Mayor
ATTEST:
�,Y� � ��� ' �
Be� ly�y Be derUl'awn lerlc
uR�e_�.�.t�
REVIEWED SY:
C�"�
Rachael Gaa win, T wn Ma:iager
APPROVED AS TO FORM:
�
Jeii i er J. Wrig , Tawn Attorney