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HomeMy WebLinkAboutOrd 2006-21 ORDINANCE NO. 06-21 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAP[ER 10, HEALTH AND SANITATION, ARTICLE 10-2, LI FI ER; NUISANCES, BY ADDING A NEW SECTION 10-2- 16 RELATING TO MAINTENANCE OF POOLS, SPAS AND SIMILAR WATER FEATURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Fountain Hills Town Code, Chapter 10, Health and Sanitation, Article 10-2, Litter; Nuisances, Sections 10-2-16, Abatement of Nuisances, and 10-2-17, Penalties, are hereby renumbered Sections 10-2-17 and 10-2-18, respectively, and new Section 10-2-16, Maintenance of Pools, Spas and Similar Water Features, is added to read as follows: Section 10-2-16 Maintenance of Pools, Spas and Similar Water Features A. It shall be unlawful for any person owning, managing, or having charge, control or occupancy of any real property in the town to allow any swimming or architectural pool, spa, pond, fountain or similar water feature located on such real property to remain or be maintained in a condition that poses a health or safety hazard, harbors insect infestation or creates a visible deteriorated or blighted appearance including, without limitation, a stagnant or unfiltered condition. B. All such pools, spas, ponds, fountains and similar water features shall be maintained to prevent bacterial growth, algae formation, debris accumulation and noxious odors. C. For purposes of this section, the term "architectural" shall mean a constructed or excavated exterior area designed to hold water on a continuous basis other than for swimming, diving or bathing purposes. SECTION 2. That, if any provision or any portion of any provision of this Ordinance is for any reason held to be unconstitutional or otherwise unenforceable by a court of competent jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent of the remaining provisions of this Ordinance and shall be severed therefrom without affecting the validity of the remaining portions of this Ordinance. SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. The provisions of this Ordinance,shall take effect 30 days after the date of passage and adoption. 669435.1 kow PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, August 17, 2006. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: 1/1.1:()W. J. Nicholayor Bevelyn J. Be er, wn Clerk REVIEWED BY: APPROVED AS TO FORM: J Timothy G. Pickering, Town Manager Andrew J. cGuire, Town Attorney L L 669435.1 2