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HomeMy WebLinkAboutOrd 2020-20 ORDINANCE NO. 20-20 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTERS 10, HEALTH SECTIONS 10-2-1, 10-2-2 D., AND 10-2-15 RELATING TO PROPERTY AND LANDSCAPE MAINTENANCE RECITALS: WHEREAS, the Town Council desires to amend Chapter 10, Sections 10-2-1, 10-2-2 D., and 10- 2-15 of the Town Code provide definitions of and standards for the care of property and landscaping, as set forth in Exhibit A. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals set forth above are hereby incorporated as if fully set forth herein. SECTION 2. Chapter 10, Sections 10-2-1, 10-2-2 D., and 10-2-15, of the Town Code are amended as set forth in Exhibit A. SECTION 3. If any section, subsection, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 15th day of September, 2020. 4 FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: —)UV 641(7 Gi y Dick y, Mayor Eli abeth urke, Town CI rk REVIEWED BY: APPROVED AS TO FORM: 4cTh Gr E. Mi er, To Manager Aaron D. Arnsun, own Attorney EXHIBIT A TO ORDINANCE 20-20 [CHAPTERS 10, 11, AND 16] See following pages. a�^^ Chapter 10, Health and Sanitation Article 10-2 Litter; Nuisances Section 10-2-1 Definitions E. "DEVELOPED PROPERTY" MEANS OCCUPIED REAL PROPOERTY, WHICH HAS BEEN ALTERED FROM ITS NATURAL STATE BY THE CREATION OR ADDITION OF ANY BUILDINGS, STRUCTURES, PAVEMENT, OR OTHER IMPROVEMENTS. €F. "Fowl" means any and all fowl, domesticated and wild, male and female, singular and plural. FG. "Garbage" means putrescible animal and vegetable wastes, resulting from the handling, preparation, cooking and consumption of food. H. "LANDSCAPED AREA" MEANS AN EXTERIOR IMPROVEMENT OR CHANGE OF LAND THROUGH REPLACEMENT OF NATIVE VEGETATION OR ADDITION OF ARTIFICIAL TOPPING MATERIAL INCLUDING, BUT NOT LIMITED TO LANDSCAPE GRAVEL, STONES, OR BOULDERS, OR A COMBINATIN OF NEW VEGETATION AND ARTIFICIAL TOPPING MATERIAL. GI. "Litter" means garbage, refuse and rubbish and all other waste material which, if thrown or deposited in a manner prohibited by this article, tends to create a danger to public health, safety and welfare, and includes, but not by way of limitation, paper and metal, such as containers or cans. HJ. "Major repair" means the removal from any vehicle of a major portion thereof, including, but not limited to, the differential, transmission, head, engine block or oil pan. K. "NATIVE VEGETATION" MEANS NATURALLY OCCURRING PLANT GROWTH OF INDIGENOUS ORIGIN. L. "NATURAL DESERT" MEANS UNIMPROVED LAND WITH PRIMARILY UNDISTURBED NATIVE VEGETATION. VACANT LOTS ARE GENERALLY CONSIDERED NATURAL DESERT, EVEN WHERE PREVIOUSLY GRADED OR DISTURBED. fM. "Newspaper" means a publication regularly issued for dissemination of current news, matters of general interest and local happenings at stated short intervals of time whether such publication is distributed by paid subscription or for free. Such publication shall be from a known office of publication and shall bear the dates of issue and shall be numbered consecutively. dN. "Noncommercial handbill" means any printed or written matter, any sample or device, circular, leaflet, pamphlet, magazine paper booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the definitions of a commercial handbill or a newspaper. KO. "Park" means a park, reservation, playground, recreation center or any other public area in the Town owned or used by the Town and devoted to public recreation. LP. "Private premises" means any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes but is not limited to any yard, grounds, walk, driveway, porch, steps, vestibule or mail box belonging or appurtenant to such dwelling, house, building or other structure. MQ. "Public place" means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. NR. "Refuse" means all putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or junked vehicles or parts thereof and solid market and industrial wastes. GS. "Rubbish" means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, metal cans, yard clippings, leaves, metal, wood, glass, bedding, crockery and similar materials. T. "Streets or road" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, and includes the whole right-of-way of the public entity maintaining said way, whether such right-of-way is paved or not. QU. "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks, except for a device propelled solely by human power. (98 01, Amended, 01/15/1998) V. "WEED" MEANS ANY NATIVE VEGETATION GROWING IN EXCESS OF SIX (6) INCHES WITHIN A LANDSCAPED AREA IN AN UNCONTROLLED MANNER THAT MAY REASONABLY BE DETERMINED TO BE DETRIMENTAL OR DESTRUCTIVE AND DIFFICULT TO CONTROL OR ERADICATE AND MAY SPREAD TO ADJACENT PROPERTY. INTERPRETATION IS THE SAME REGARDLESS OF WHETHER AN OWNER OR OCCUPANT REGARDS THE VEGETATION AS DESIRABLE. Section 10-2-2 D. D. growth h+gher than 2/1 inches or which present a fire hazard. FAILING TO MAINTAIN PROPERTY CONSISTENT WITH THE PROVISIONS SPECIFIED IN SECTION 10-2-15 OF THIS CODE. Section 10-2-15 Unsightly Premises/LANDSCAPING STANDARDS A. Every person owning, managing, or having charge, control or occupancy of any real property in the Town shall not allow any part of such property visible from the street or adjoining premises to become so unsightly or untidy as to substantially detract from the appearance of the immediate neighborhood or tend to threaten the safety and welfare of the immediate neighborhood. B. LANDSCAPED AREAS ON DEVELOPMED PROPERTY VISIBLE FROM ADJACENT PUBLIC OR PRIVATE PROPERTY SHALL BE MAINTAINED FREE FROM ANY CONDITION WHICH PRESENTS A DETERIORATED OR NEGLECTED APPEARANCE, CHARACTERIZED BY UNCONTROLLED GROWTH OF VEGETATION; WEEDS; TALL GRASS; DEAD, DAMAGED OR DISEASED TREES, BUSHES, SHRUBS OR PORTIONS THEREOF, OR ANY PALM OR SIMILAR TYPE TREE HAVING DEAD OR DRY FRONDS DESCENDING DOWNWARD LOWER THAN SIX (6) FEET ABOVE THE GROUND. NEGLECTED LANDSCAPED AREAS SHALL NOT BE CONSIDERED NATURAL DESERT AREAS. C. NATURAL DESERT AREAS MAY BE COMBINED WITH LANDSCAPED AREAS ON DEVELOPED PROPERTY PROVIDED THAT ALL AREAS ARE MAINTAINED FREE OF VEGETATION THAT IS SUBMTANTIALLY DEAD, DAMAGED OR DISEASED, AND THAT NO VEGETATION THEREON CONSTITUTES A FIRE HAZARD OR OTHER THREAT TO PUBLIC HEALTH OR SAFETY. ALL PROPERTY WITHIN THIRTY (30) FEET OF AN OCCUPIED STRUCTURE OR WITHIN TEN (10) FEET OF STREET OR ALLEYS THAT IS DETERMINED TO BE A HAZARD TO SURROUNDING AREAS BY LOCAL FIRE DEPARTMENT OFFICIAL MUST BE CLEANED UP AS PRESCRIBED BY THE FIRE DEPARTMENT. D. VACNAT LOTS ARE CONSIDERED NATURAL DESERT AREAS; HOWEVER, SUCH LOTS MUST BE MAINTAINED FREE OF VEGETATION THAT IS SUBSTANTIALLY DEAD, DAMAGED OR DISEASED AND FREE OF TRASH AND OTHER DEBRIS. VACANT LOTS DETERMINED TO BE A HAZARD BY A LOCAL FIRE DEPARTMENT OFFICIAL MUST BE CLEANED UP AS PRESCRIBED BY THE FIRE DEPARTMENT. E. ALL PRIVATE PROPERTY OWNERS ARE RESPONSIBLE TO MAINTAIN RESPECTIVE PROPERTIES TO THE BOUNDARIES OUT TO THE CURB LINE, OR 0 THE EDGE OF THE STREET PAVEMENT WHERE NO CURB EXISTS, INCLUDING ABUTTING RIGHTS-OF-WAY AND EASEMENTS. SUCH PROPERTY MUST BE MAINTAINED CONSISTENT WITH THE REST OF THE PROPERTY TO THE SAME MAINTENANCE STANDARDS SPECIFIED IN THIS SECTION. F. IT IS UNLAWFUL FOR ANY PERSON TO MAINTAIN OR ALLOW ANY TREE, HEDGE, OR OTHER VEGETATION THAT PREVENTS PERSONS DRIVING VEHICLES ON PUBLIC STREETS, ALLEYS OR HIGHWAYS FROM OBTAINING A CLEAR VIEW OF TRAFFIC WHEN APPROACHING AN INTERSECTION OR PEDESTRIAN CROSSWALK. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY MATERIAL GROWING ALONG A PUBLIC OR PRIVATE RIGHT-OF-WAY, ACCESS DRIVE, FIRE LANE OR UTILITY EASEMENT, WHICH BY REASON OF ITS SIZE, MANNER OF GROWTH OR LOCATION, CONSTITUTES AN OBSTRUCTION, IMPAIRS VISIBILITY OR OTHERWISE ENDANGERS ANY PERSON, IMPROVEMENT OR STRUCTURE. ACCEPTABLE LINE OF SIGHT VARIES BASED UPON THE TOPOGRAPHY OF THE SPECIFIC INTERSECTION AND SHALL BE GOVERNED BY TOWN REGULATIONS AND STANDARD ENGINEERING GUIDELINES. G. ALL VEGETATION MUST BE TRIMMED TO PROVIDE A MINIMUM OF FIFTEEN (15) FOOT CLEARANCE ABOVE THE PAVEMENT OVER ALL STREETS AND ALLEYS, AS WELL AS PROVIDE A MINIMUM OF SEVEN (7) FOOT CLEARANCE OVER ALL SIDEWALKS. ALL SHRUBS, BUSHES AND ANY OTHER LOW-LYING VEGETATION MUST BE MAINTAINED SO THAT IT DOES NOT ENCROACH ONTO, OVER OR OBSTRUCT STEETS, ALLEYS, OR SIDEWALKS.