HomeMy WebLinkAboutOrd 2008-14 ORDINANCE NO. 08-14
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 7, BUILDING AND BUILDING
REGULATIONS, ARTICLES 7-1, TECHNICAL CODES, 7-2, FEES, 7-7,
OUTDOOR LIGHT CONTROL, AND 7-9, FIRE PREVENTION AND
PROTECTION AND AMENDING THE "2006 INTERNATIONAL
MECHANICAL CODE," THE "2006 INTERNATIONAL PLUMBING CODE",
THE "2006 INTERNATIONAL ENERGY CONSERVATION CODE," THE
"2006 INTERNATIONAL FIRE CODE," AND THE "2006 INTERNATIONAL
RESIDENTIAL CODE".
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 7, Building and Building
Regulations, Article 7-1, Technical Codes, Section 7-1-1, Adoption by Reference; Violations, is
hereby amended by adding a new subsection C as follows:
C. Penalties for Violating the Technical Codes.
1. General.
Any person found guilty of violating any provision of the publications adopted in
subsection A of this section shall be subject to a civil sanction for the first such violation,
punishable by a fine not to exceed $2,500.00 base fine and, for a subsequent violation
thereof, shall be guilty of a class one misdemeanor, punishable by a fine not to exceed
$2,500.00 base fine or by imprisonment for a period not to exceed six months, or by both
such fine and imprisonment. Each day that a violation continues shall be a separate
offense.
2. Civil Sanction.
Any person that commits a civil violation shall be subject to a civil (non-criminal)
action in any court of competent jurisdiction to collect a civil penalty for a sum not to
exceed$2,500.00 base fine for each violation.
3. Criminal Violation.
A person that commits a criminal violation shall be subject to a criminal action in
any court of competent jurisdiction and, if found guilty thereof, shall be guilty of a class
one misdemeanor, punishable by a fine not to exceed $2,500.00 base fine or by
imprisonment for a period not to exceed six months, or by both such fine and
imprisonment.
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4. Violations Not Exclusive.
Violations of this section are in addition to any other violation enumerated within
the Town's ordinances and codes and in no way limit the penalties, actions or abatement
procedures which may be taken by the Town for any violation of this section which is
also a violation of any other ordinance or code provision of the Town or statutes of the
state.
SECTION 2. That the Fountain Hills Town Code, Chapter 7, Building and Building
Regulations, Article 7-1, Technical Codes, Section 7-1-2, Conformance to Zoning Ordinance,
Building Permit Application Extensions and Building Permit Extensions, is hereby deleted in its
entirety.
SECTION 3. That the Fountain Hills Town Code, Chapter 7, Building and Building
Regulations, Article 7-2, Fees, is hereby deleted in its entirety and replaced with the following:
Section 7-2-1 Fees.
A. The fees for the Technical Code number 1 and the Fountain Hills Amendments
thereto in Section 7-1-1 are adopted by Town Council Resolution 2008-37.
B. The fees for Technical Codes numbers 2-11 and the Fountain Hills Amendments
thereto in Section 7-1-1 will be established as part of the annual budget process or as
computed by the applicable Technical Code.
SECTION 4. That the Fountain Hills Town Code, Chapter 7, Building and Building
Regulations, Article 7-7, Outdoor Light Control, is hereby deleted in its entirety and replaced
with the following:
7-7 Reserved
SECTION 5. That the Fountain Hills Town Code, Chapter 7, Building and Building
Regulations, Article 7-9, Fire Prevention and Protection, is hereby deleted in its entirety and
replaced with the following:
7-9 Reserved
SECTION 6. That Section 101.1 and Section 108.5 of The International Mechanical
Code, 2006 Editions, is amended in the following respects:
Section 101.1 Title. Insert the words "Town of Fountain Hills" as the name of
jurisdiction.
Section 108.5 Stop Work Orders. Insert the "$150.00" in the first amount and
"$200.00" in the second amount.
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SECTION 7. That Section 101.1 and Section 108.5 of The International Plumbing Code,
111010, 2006 Editions, is amended in the following respects:
Section 101.1 Title. Insert the words "Town of Fountain Hills" as the name of
jurisdiction.
Section 108.5 Stop Work Orders. Insert the "$150.00" in the first amount and
"$200.00" in the second amount.
SECTION 8. That Section 101.1 of The International Energy Conservation Code, 2006
Editions, is amended in the following respect:
Section 101.1 Title. Insert the words "Town of Fountain Hills" as the name of
jurisdiction.
SECTION 9. That Section 101.1 of The International Fire Code, 2006 Editions, is
amended in the following respect:
Section 101.1 Title. Insert the words "Town of Fountain Hills" as the name of
jurisdiction.
SECTION 10. That Section R101.1 of The International Residential Code, 2006
Editions, is amended in the following respect:
Section R101.1 Title. Insert the words "Town of Fountain Hills" as the name of
jurisdiction.
SECTION 11. 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.
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PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, October 16, 2008.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jay . S lum, Mayor Bevelyn J. B er, own Clerk
REVIEWED BY: APPROVED AS TO FORM:
Richards D 's, wn Manager An rew J. McGuire, Town Attorney
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