PROPOSED CODE OF ORDINANCES FOR THE
TOWN OF SUPERIOR, ARIZONA
Prepared By
Mr. Bill Tifft
Attorney for Superior
;
The preparation of this code was financed in part through an urban planning grant made by the Department of Housing and Urban Development to the Office of the Governor, State of Arizona, under the provisions of Section 701 of the Rousing Act of 1954, as amended. Editorial and clerical assistance in the preparation of this code was provided by the League of Arizona Cities and Town’s under contract with the Governor‘s Office for the purpose of rendering technical assistance and services to Arizona cities and towns.
AN ORDINANCE OF THE TOWN OF SUPERIOR, ARIZONA, ADOPTING “THE CODE
OF THE TOWN OF SUPERIOR, ARIZONA” BY REFERENCE, PROVIDING PENALTIES
FOR THE VIOLATION THEREOF, AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF SUPERIOR, ARIZONA:
Section 1: that certain document, known as “The Code of the Town of Superior, Arizona”, three copies of which are on file in the office of the town clerk of the Town of Superior, Arizona, which document was made a public record by Resolution No. 8 of the Town of Superior, Arizona is hereby referred to, adopted and made a part :.thereof as if fully set out in this ordinance.
Section 2: Any person found guilty of violating any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed three hundred dollars or by imprisonment. Each day that violation continues shall be a separate offense punishable as herein above described.
Section 3: All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference, are hereby repealed.
Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference, is for any reason held to be invalid or uncon5titutional by the decision of any court of competent juris°©diction, such decision shall not affect the validity of the re°©maining portions thereof.
Section 5: Whereas, it is necessary for the preservation of the peace, health and safety of the Town of Superior, Arizona, an emergency is declared to exist1 and this ordinance shall become immediately operative and in force from and after the date of posting hereof.
PASSED AND ADOPTED by the Mayor and Common Council of the Town of Superior, Arizona, the 16th day of June, 1977.
APPROVED this 16th day of June, 1977, by the affirmative vote of three fourths of the members of the Common Council of the Town of Superior, Arizona.
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Attorney
Mayor
Town of Superior
POST OFFICE BOX 158 SUPERIOR. AZ. 85273
OFFICE OF THE MAYOR
(602) 669-57s2
RESOLUTION NO. 8
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
SUPERIOR, ARIZONA1 DECLARING AS A PUBLIC RECORD THAT CERTAIN
DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLES “THE CODE OF
THE TOWN OF SUPERIOR, ARIZONA, AND DECLARING AN EMERGENCY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF SUPERIOR, ARIZONA:
THAT certain document entitled “ THE CDOE OF THE TOWN OF SUPERIOR, ARIZONA”, three copies of which are on file in the office of the town clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the town clerk.
WHEREAS, it is necessary for the preservation of the peace, health and safety of the Town of Superior, Arizona, and emergency is declared to exist, and the resolution shall be effective immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE Mayor and Common Council of the Town of Superior, Arizona, this 16th day of June, 1977.
APPROVED this 16th dày of June, 1977 by the affirmative vote of three fourths of the members of the Common Council of the Town of Superior, Arizona.
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Chapter 1 General
Article 1-1 HOW CODE DESIGNATED AND CITED
The ordinances embraced in the following chapters and sections shall constitute and be designated “The Code of the Town of Superior, Arizona”, and may be so cited. Such code may also be Cited as the “Superior Town Code”.
Article 1-2 CONSTRUCTION OF ORDINANCES
The rules and the definitions set forth in this chapter shall be observed in the construction of this Code and the ordinances of the town unless such construction would be inconsistent with either the manifest intent of the council or the context of this code or the ordinances of the town.
Article 1-3 DEFINITIONS*
1-3-1 General Rule Regarding Definitions
1-3-2 Acts by Agents
1-3-3 Clerk
1-3-4 Code
1-3-5 Council
1-3-6 Day
1-3-7 Daytime, Nighttime
1-3-8 Department, Board, Commission, Office, Officer or Employee
1-3-9 Gender; Singular and Plural
1-3-10 In the Town
1-3-11 Joint Authority
1-3-12 Month
1-3-13 Oath
1-3-14 Or, And
1-3-I5 Person
1-3-16 Personal Property
1-3-17 Preceding, Following
1-3-18 Property
1-3-19 Real Property
1-3-20 Shall, May
l-3-21 Shall Have Been
1-3-22 Signature or Subscription by Mark
1-3-23 State
1-3-24 Tenant or Occupant
1-3-25 Tenses
1-3-26 Time--Computation
1-3-27 Time--Reasonable
1-3-28 Town
1-3-29 Week
1-3-30 Writing
1-3-31 Year
*State law reference. For definitions and construction of statutes generally, see A.R.S., 1-211 to 1-21
1-3-1 General 1-3-8
Section 1-3-1 General Rule Regarding Definitions
All words and phrases shall be construed and understood according
to the common and approved usage of the language; but technical
words and phrases and such others as may have acquired a
peculiar and appropriate meaning in the law shall be construed
and understood according to such peculiar and appropriate
meaning.
Sec. 1-3-2 Acts by Agents
When an ordinance requires an act to be done which may by
law as well be done by an agent as by the principal, such
requirement shall be construed to include all such acts when
done by an authorized agent.
Sec. 1-3-3 Clerk
Whenever the word “clerk” is used, it shall be
construed to mean the town clerk of the Town of Superior,
Arizona.
Sec. 1-3-4 Code
The words “the code” or “this code” shall
mean “The Code of the Town of Superior, Arizona”,
unless the context indicates otherwise.
Sec. 1-3-5 Council
Whenever the word ‘council” is used, it shall
be construed to mean the common council of the Town of Superior,
Arizona.
Sec. 1-3-6 Day
A “day” is the period of time between any midnight
and the midnight following.
Sec. 1-3-7 Daytime, Nighttime
“Daytime” is the period of time between sunrise
and sunset. “Nighttime” is the period of time
between sunset and sunrise.
Sec. 1-3-8 Department, Board, Commission, Office, Officer
or Employee
Whenever any “department, board, commission, office,
officer or employee” is referred to, it shall mean
a department, board, commission, office, officer or employee
of the town, unless the context clearly indicates otherwise.
1-3-9 General 1-3-17
Sec. 1-3-9 Gender; Singu1ar and Plural
Words of the masculine gender include the feminine; words
in the singular number include the plural and words in the
plural number include the singular.
Sec. 1-3-10 In the Town
The words “in the town” or “within the
town” shall mean and include all territory over which
the town now has, or shall hereafter acquire, jurisdiction
for the exercise of its police powers or other regulatory
powers.
Sec. 1-3-1l Joint Authority
All words purporting to give a joint authority to three or
more town officers or other persons shall be construed as
giving such authority to a majority, of such officers or
other persons unless it shall be otherwise expressly declared
in the law giving the authority.
Sec. 1-3-12 Month
The word “month” shall mean a calendar month.
Sec. 1-3-13 Oath
“Oath” includes affirmation or declaration.
Sec. 1-3-14 Or, And
“Or” may be read “and”, and “and” may
be read “or” if the sense requires it.
Sec. 1-3-15 Person
The word “person” shall extend and be applied
to firms, corporations or voluntary associations, as well
as to individuals, unless plainly inapplicable.
Sec. 1-3-16 Personal Property
The word “property” shall include real and personal
property.
Sec. 1-3-17 Preceding, Following
The words “preceding” and “following” mean
next before and next after, respectively.
1-3-18 General 1-3-26
Sec. 1-3-18 Property
The word “property” shall include real and personal
property.
Sec. 1-3-19 Real Property
Real property shall include lands, tenements and hereditaments.
Sec. 1-3-20 Shall, May
“Shall” is mandatory and “may” is permissive.
Sec. 1-3-21 Shall Have Been
The words “shall have been” include past and
future cases.
Sec. 1-3-22 Signature or Subscription by Mark
“Signature” or “subscription” includes
a mark when the signer cannot write, such signer’s or subscriber’s
name being written near the mark by a witness who writes his own
name near the signer’s or subscriber’s name; but a
signature or subscription by mark can be acknowledged or can serve
as a signature or subscription to a sworn statement only when
two witnesses so sign their own names thereto.
Sec. 1-3-23 State
The words “the state” shall be construed to mean
the State of Arizona.
Sec. 1-3-24 Tenant or Occupant
The word “tenant” or “occupant” applied
to a building or land shall include any person holding a
written or an oral lease or who occupies the whole or part
of such building or land, either alone or with others.
Sec. 1-3-25 Tenses
The present tense includes the past and future tenses, and
the future includes the present.
Sec. 1-3-26 Time-Computation
The time within which an act is to be done as provided in
this code or in any order issued pursuant to any ordinance,
when expressed in days, shall be computed by excluding the
first day and including the last, except that if the last
day is a Sunday or holiday it shall be excluded; and when
such time is expressed in hours, the whole of Sunday or a
holiday, from midnight to midnight, shall be excluded.
1-3-27 General 1-4-2
Sec. 1-3-27 Time-Reasonab1e
In all cases where any section of this code shall require
any act to be done in a reasonable time or reasonable notice
to be given, such reasonable time or notice shall be deemed
to mean such time only as may be necessary for the prompt
performance of such duty, or compliance with such notice.
Sec. 1-3-28 Town
Whenever the word “town” is used, it shall be
construed to mean the Town of Superior, Arizona.
Sec. 1-3-29 Week
A “week” consists of seven consecutive days.
Sec. 1-3-30 Writing
“Writing” includes any form of recorded message capable
of comprehension by ordinary visual means. Whenever any notice,
report, statement or record is required or authorized by this
code, it shall be made in writing in the English language unless
it is expressly provided otherwise.
Sec. 1-3-31 Year
The word “year” shall mean a calendar year, except
where otherwise provided.
Article 1-4 REFERENCE TO CHAPTERS, ARTICLES, OR SECTIONS:
CONFLICTING
PROVISIONS
1-4-1 Additional Rules
of Construction
1-4-2 References to this
Code
1-4-3 Conflicting Provisions--Different
Chapters
1-4-4 Conflicting Provisions--Same
Chapter
Section 1-4-1 Additional Rules of Construction
In addition to the rules of construction specified in Articles
1-2 and 1-3, the rules set forth in this article shall be
observed in the construction of this code.
Sec. 1-4-2 References to this Code
All references to chapters, articles or sections are to the
chapters, articles and sections of this code unless otherwise
specified.
1-4-3 General 1-8
Sec. 1-4-3 Conflicting, Provisions--Different Chapters
If the provisions of different chapters of this code conflict
with or contravene each other, the provisions of each chapter
shall prevail as to all matters and questions growing out
of the subject matter of such chapter.
Sec. 1-4-4 Conflicting Provisions--Same Chapter
If conflicting provisions are found in different sections
of the same chapter, the provisions of the section which
is last in numerical order shall prevail unless, such construction
is inconsistent with the meaning of such chapter.
Article 1-5 SECTION HEADINGS
Headings of the several sections of this code are intended
as a convenience to indicate the contents of the section
and do not constitute part of the law.
Article 1-6 EFFECT OF REPEAL
When any ordinance repealing a former ordinance, clause or
provision, shall be itself repealed, such repeal shall not
be construed to revive such former ordinance, clause or provision,
unless it shall be expressly so provided. The repeal of an
ordinance shall not affect any punishment or penalty incurred
before the repeal took effect nor any suit, prosecution or
proceeding pending at the time of the repeal, for any offense
committed under the ordinance repealed.
Article 1-7 SEVERABILITY OF PARTS OF CODE
It is hereby declared to be the intention of the council
that the sections, paragraphs, sentences, clauses and phrases
of this code shall be severable, and if any provision of
this code is held unconstitutional for any reason by a court
of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining provisions of the code.
Article 1-8 Penalty, Criminal, Civil Traffic Violations
A. Any person found guilty of violating
any provisions of this code, except as otherwise provided
in this code, shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not to
exceed one thousand do11ar~s 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
punishable as here-in-above described.
B. Any violation of or failure or refusal
to do or perform any act required or the performance of an
act prohibited by the provisions of Chapter II, Articles
11-2 and 11-3 of the Town Code and any amendments thereto
constitutes a civil traffic violation. Civil traffic violations
are subject to the provisions of Title 28, Chapter 6, Article
20 and 21, Arizona Revised Statutes and amendments thereto.
1-9 General 1-10
Article 1-9 REPEAL OF EXISTING ORDINANCES
1-9-1
Effective Date of Repeal
1-9-2
Ordinances Exempt from Repeal
Section 1-9-1 Effective Date of Repeal
All ordinances of the Town of Superior except those specially
exempted in this article, now in force and effect are hereby
repealed effective at twelve o’clock noon on the day
of , 1977, but all rights, duties and obligations created
by said ordinances shall continue and exist in all respects
as if this code had not been adopted and enacted.
Sec. 1-9-2 Ordinances Exempt from Repeal
The adoption and enactment of this code shall not be construed
to repeal or in any way to affect or modify:
A. Any special ordinance or ordinances
regarding franchises, annexations, dedications or zoning.
B. Any ordinance making an appropriation.
C. Any ordinance affecting any bond
issue or by which any bond issue may have been authorized.
D. The running
of the statutes of limitations in force at the time this
code becomes effective.
E. The continued existence and operation
of any department, agency, commission or office heretofore
legally established or held.
F. Any bond of any public officer.
G. Any taxes, fees, assessments or
other charges incurred or imposed.
H. Any ordinances authorizing, ratifying,
confirming, approving or accepting any compact or contract
with any other municipality, the State of Arizona, or any
county or subdivision thereof, or with the United States
or any agency or instrumentality thereof.
Article 1-10 EFFECTIVE DATE OF CODE
Each and every section of this code as herein contained and
hereby enacted shall take effect and be in force on and after
twelve o’clock noon on the 16 day of June 1977, except
that where a later effective date is provided it shall prevail.
Chapter 2 Mayor and Council
CHAPTER 2 MAYOR AND COUNCIL
Article 2-1 COUNCIL
2-1-1 Elected Officers
2-1-2 Corporate Powers
2-1-3 Duties of Office
2-1-4 Compensation
2-1-5 Oath of Office
2-1-6 Bond
2-1-7 Financial Disclosure Statements
2-1-8 Vacancies on Council
Section 2-1-1 Elected Officers
The elected officers of the town shall be the Mayor and six
(6) councilpersons who shall constitute the common council
and shall continue in office until assumption of duties of
office by their duly elected successors. The Mayor and Councilpersons
shall serve four year overlapping terms in the manner provided
by state law and the Town Code.
Section 2-1-2 Corporate Powers
The corporate powers of the town shall be vested in the Mayor
and Council and shall be exercised only as directed or authorized
by Jaw. All powers of the council shall be exercised by ordinance,
resolution, order or motion.
Section 2-1-3 Duties of Office
The Mayor and Councilpersons shall assume the duties of office
at the first regularly scheduled council meeting in June
next following the canvass of votes of the general election,
provided that if no general election is held, the duties
of office shall be assumed at the next regularly scheduled
council meeting in June following the date the general election
would have been scheduled pursuant to this code.
Section 2-1-4 Compensation
The compensation of elective officers of the town shall be
fixed from time to time by reviewing the council in accordance
with state law.
Section 2-1-5 Oath of Office
Immediately prior to assumption of the duties of office,
the Mayor and each councilperson shall, in public, take and
subscribe to the oath of office.
2-1-6 Mayor and Council 2-1-8
Section 2-1-6 Bond
Prior to taking office, the Mayor and every councilperson
shall execute and file an official bond provided by the town,
enforceable against the principal and its sureties, conditioned
on the due arid faithful performance of official duties1
payable to the state and to and for the use and benefit of
the town or any person who may be injured or aggrieved by
the wrongful act or default of such officer in his/her official
capacity. A person so injured or aggrieved may bring suit
on such bend under provisions of the Arizona Revised Statutes.
Bonds shall be in such sum as shall be provided by resolution
and the premium for such bonds shall be paid by the town.
A blanket bond as may be allowed by law may satisfy this
requirement
Section 2-1-7 Financial Disclosure Statements
Prior to January 31st of each year, the Mayor and each member
of the council shall file a Financial Disclosure Statement
on a form prescribed by the Clerk. The Disclosure Statement
shall be in compliance with, and disclose all Information
required by Town of Superior Resolution No. 1 and any other
ordinance or resolution the Council may adopt from time to
time on disclosure.
Section 2-1-8 Vacancies in Council
A. The council
shall fill, by appointment for the unexpired tent, any vacancy
on the Council or in the Mayors office for whatever reason.
The procedure for announcing the vacancy, accepting applications
or nominations for, and filling the vacancy shall be as follows:
1. If the
vacancy should be declared between October 1st of a non-election
year and March 15th of an election year, then, at the discretion
of the Council, the position may remain open until the Primary
or General election.
a. If
the term for the vacant seat was to have expired in the election
year, the seat shall be filled with the candidate from the
Primary or General who received the highest number of votes
if that candidate received a majority of the votes cast for
said position.
b. If
the term for the vacant seat would not expire in the election
year, then the clerk shall include upon the ballet for the
regular election, a place for candidates to run for the unexpired
term of the vacant seat. All nomination documents shall designate
the position for which the candidate is running and all candidates
for the unexpired term shall comply with Arizona Election
Laws regarding disclosure and time periods for filing. The
candidate running in such advisory election and receiving
the highest number of votes shall be appointed for the unexpired
term,
c. At
the meeting called to canvass the vote for any election to
which sub°©section A(1) applies, the council shall
fill the vacant seat with the successful candidate.
2-1-8
Mayor and Council 2-1-8
2. Upon creation
of any vacant position for Mayor or Council which the Council
does not vote to fill pursuant to subsection A(1) of this
section, the Clerk shall properly insure that each council
member is aware of the vacancy, and within 48 hours shall
notify the local news media of such vacancy and the fact
that applications, resumes, and letters of recommendation
for the appointment to such vacant position will be accepted.
a. Within
seven (7) days, a notice of such vacancy and the time period
for acceptance of applications shall be published one (1)
time in the manner public notices are publicized in the town.
Applications, resumes, and letters of recommendations shall
be accepted for a period of fourteen (14) days following
that publication. No application or resume tendered to or
received by the Clerk or council after such date may be considered
for appointment by the Council.
b. Upon the
expiration of the time set for accepting applications, the
Clerk shall, within seven (7) days, set a special meeting
for the purpose of review and consideration of all applications,
resumes and nomination documents received. Said information
and discussion thereof may be done in executive session upon
open public vote of the council to consider same in executive
session at the special meeting. The Clerk shall give all
applicants at least 24 hours written notice of the date and
time of the special meeting and/or executive session in which
the applications are to be reviewed and discussed by the
council. The executive session or special meeting may be
continued from time to time to allow proper review, input,
and investigation of all applications and applicants.
c. Upon receipt
of notice that the council has completed review and investigation
of the applications, the Clerk shall, within ten (10) days
thereof, set a special meeting in open public session at
which time one or more, but not more than five (5), applicants
chosen by the council may address the council at the public
meeting. Each applicant chosen shall have the opportunity
to appear and address the council and answer questions the
Mayor and council may have.
d. At
the next regularly scheduled meeting following the session
in which applicants appear to address the council, the floor
shall be open for nominations with the position to be filled
by majority vote of the Mayor and council The matter shall
be on the agenda for each regularly scheduled meeting thereafter
until the position has been filled.
e. Should
no applications be received within the time periods set for
receipt of same, the Clerk shall schedule a special meeting
and call for executive session, not sooner than seven (7)
nor more than fourteen (14) days following the deadline set
for receipt of the applications pursuant to sub-section 2-1-8(A)2(a).
At which time, the council shall meet and consider the appointment
to fill the position. Following full discussion on the appointment
to fill the vacancy, the floor shall be open for nominations.
The matter shall be on the agenda for each regularly scheduled
meeting thereafter until the position has been filled.
B. Only those
candidates holding the minimum requirements under State law
and the Town Code shall be considered for appointment under
this Section.
2-2 Mayor and Council 2-2-4
ARTICLE 2-2 MAYOR
2-2-1 Selection of Mayor
2-2-2 Vice Mayor
2-2-3 Acting Mayor
2-2-4 Powers and Duties of the Mayor
2-2-5 Absence of Mayor
2-2-6 Failure to Sign Documents
Section 2-2-1 Selection of Mayor
A. The Mayor
shall be elected by majority vote of the qualified electorate
of the Town pursuant to procedures set forth in this code
and state law.
B. The Mayor
shall serve for a four (4) year term. The Council Is empowered
to fill any vacancy for any unexpired term; the appointee
shall be an elected member of the Town Council or chosen
pursuant to subsection 2-14(A) of this Code.
Section 2-2-2 Vice Mayor
At the first meeting of the council In June following an
election, the Mayor, with council approval, shall designate
one of the council members as vice mayor, who shall serve
at the pleasure of the council. The vice mayor shall have
the powers to perform the duties of the mayor during the
absence or disability of the Mayor.
Section 2-2-3 Acting Mayor
In the absence or disability of both the mayor and vice mayor,
the council may designate another of its members to serve
as acting mayor who shall have all the powers, duties and
responsibilities of the mayor during such absence or disability.
Section 2-2-4 Powers and Duties of the Mayor
The mayor shall:
A. Be the
chief executive officer of the town.
B. Be
the chairman of the council and preside over its meetings.
He/she may make arid second motions and shall have a voice
and vote in all its proceedings.
C. Enforce
the provisions of this code.
D. In
the absence of a Town Manager, appoint and remove officers
and employees of the town with the approval of the council
and exercise supervision over the acts and conduct of the
officers and employees of the town. He/she shall inquire
into all complaints against such officers or employees for
violation or neglect of duty and forward all complaints to
the council.
2-2-4 Mayor and Council 2-2-6
E. Execute
and authenticate by his/her signature such instruments as
the council, or any statutes, ordinances or this code shall
require.
F. Make
such recommendations and suggestions to the council as he/she
may consider proper.
G. When
necessary by proclamation, declare a local emergency to exist
due to fire, conflagration, flood, earthquake, explosion,
war, bombing, or any other natural or man-made calamity or
disaster or in the event of the threat or occurrence of riot,
or other acts of civil disobedience which endanger life or
property within the town. After declaration of such emergency,
the mayor shall govern by proclamation and impose all necessary
regulations to preserve the peace and order of the town,
including but not limited to:
1. Imposition
of a curfew in all or any portion of the town.
2. Ordering
the closing of any business.
3. Closing
to public access any public building, street or other public
place.
4. Calling
upon regular or auxiliary law enforcement agencies and organizations
within or without the political subdivision for assistance.
H. Perform
such other duties required by state statute and this code
as well as those duties required as chief executive officer
of the town.
Section 2-2-5 Absence of Mayor
The mayor shall not be absent from the town for a period
greater than fifteen (15) days without the consent of the
council.
Section 2-2-6 Failure to Sign Documents
If the mayor refuses or fails to sign any ordinance, resolution,
contract, warrant, demand or other documents or instrument
requiring his/her signature for five days consecutively,
then a majority of the members of the council may, at any
regular or special meeting, authorize an acting mayor to
sign such ordinance, resolution, contract, warrant, demand
or other document or instrument which when so signed shall
have the same force and effect as if signed by the mayor.
2-3 Mayor and Council 2-3-5
Article 2-3 COUNCIL ELECTION
2-3-1
Primary Election
2-3-2
Non-Political Ballot
2-3-3
General Election Nomination
2-3-4
Election to Office
2-3-5
Candidate Financial Disclosure
Section 2-3-1 Primary Election
Any candidate who shall receive at the primary election a
majority of all the votes cast shall be declared elected
to the office for which he is a candidate effective as of
the date of the general election, and no further election
shall be held as to said candidate; provided that if more
candidates receive a majority than there are offices to be
filled then those equal in number to the offices to be filled
receiving the highest number of votes shall be declared elected.
Sec. 2-3-2 Non-Political Ballot
Nothing on the ballot in any election shall be indicative
of the support of the candidate.
Sec 2-3-3 General Election Nomination
If at any primary election there is any office for which
no candidate is elected, the primary election shall be considered
to be an election for nomination of candidates for such office,
and a general municipal election shall be held to fill such
office. Candidates to be placed on the ballot at the general
election shall be those not elected at the primary election
and shall be equal in number to twice the number to be elected
to any given office unless there be less than that number
named on the primary election, ballot. Persons who receive
the highest number of votes for the respective offices at
the primary election shall be the only candidates at such
general election, provided that if there be any person who,
under the provisions of this article, would have been entitled
to become a candidate for any office except for the fact
that some other candidate received an equal number of votes
there-for, then all such persons receiving an equal number
of votes shall likewise become candidates for such office.
Sec. 2-3-4 Election to Office
The candidates equal in number to the persons to be elected
who receive the highest number of votes shall be declared
elected.
Sec. 2-3-5 Candidate Financial Disclosure
Each candidate for the office of councilman shall file a
financial disclosure statement on a form prescribed by the
clerk when such candidate files a nomination paper. The statement
shall contain such information as required by resolution
of the council.
2-4 Mayor and Council 2-4-3
Article 2-4 COUNCIL PROCEDURE
2-4-1 Regular Meetings
2-4-2 Special Meetings
2-4-3 Meetings to be Public
2-4-4 Quorum
2-4-5 Agenda
2-4-6 Order of Business
2-4-7 Committees and Commissions
2-4-8 Voting
2-4-9 Suspension of Rules
Section 2-4-1 Regular Meeting
The council shall hold regular meetings on the first and
third Thursday of each month at seven o’clock p.m.,
provided that when the day fixed for any regular meeting
of the council falls upon a day designated by law as a legal
holiday, such meeting shall be held at the same hour on the
next succeeding day not a holiday. All regular meetings of
the council shall be held in the Pinal County Administration
Building located in Superior.
Sec. 2-4-2 Special Meetings
The mayor or the council upon the written request of four
members may convene the council at any time after giving
at least twenty-four hours notice of such meeting to members
of the council and the general public. The notice shall include
the date, hour and purpose of such special meeting. In the
case of an actual emergency a meeting may be held upon such
notice as is appropriate to the circumstances.
Sec. 2-4-3 Meetings to be Public
A. All official meetings of the council
at which any legal action is taken shall be open to the public.
Notice of meetings shall be given in a manner consistent
with state statutes. Upon approval by a majority vote of
the council, the council may meet in a closed executive session
for a discussion of the following:
1. Consideration of employment, assignment,
appointment, promotion., demotion, salaries, disciplining
or resignation of a public officer, appointee or employee
of the town, except that with the exception of salary discussions,
an officer, appointee or employee may demand that such discussion
or consideration occur at a public meeting.
2. Consideration of records exempt by law
from public inspection.
3. Consultation for advice with the town
attorney.
B. Minutes of executive sessions
shall be kept confidential except from members of the council.
C. No executive session may be held for
the purpose of taking any final action or making any final
decision.
2-4-4 Mayor and Council 2-4-6
Sec. 2-4-4 Quorum
A majority of the councilmen shall constitute a quorum for
transacting business but a lesser number may recess from
time to time and complete the attendance of absent members.
Sec. 2-4-5 Agenda
Prior to each council meeting, or on or before a time fixed
by the council for preparation rind distribution of an agenda,
whichever is earlier, the clerk shall collect all written
reports, communications, ordinances, resolutions, contracts
and other documents to be submitted to the council, and prepare
an agenda according to the order of business and shall furnish
each council member, the mayor and the attorney with a copy
of the agenda and any material pertinent thereto.
Section 2-4-6 Order of Business
The business of the council shall be taken up for consideration
and disposition in the following order:
A. Call to Order. The mayor shall
take the chair precisely at the hour appointed for the meeting
and shall immediately call the council to order. In the absence
of both the mayor and vice mayor, the clerk shall call the
council to order and an acting mayor shall be selected to
chair the meeting. Upon the arrival or the mayor or the vice
mayor, the vice mayor or the acting mayor shall immediately
relinquish the chair upon the conclusion of the business
immediately before the council. The mayor shall preserve
order and decorum, decide all questions of order and conduct
the proceedings of the meetings in accordance with the parliamentary
rules contained in Robert’s Rules of Order unless otherwise
specified.
B. Salute to the Flag and Invocation.
The Council and the public may salute the flag of the United
States of America and the presiding officer may call for
an invocation or a moment of silence.
C. Roll Call. Before proceeding with
the business of the council, the clerk or his deputy shall
call the roll of the members, and the names of those present
shall be entered in the minutes. If a quorum is not present,
the members present may adjourn pursuant to Section 2-4-4
of this code.
D. Consent Agenda Items of a non-controversial
nature may be grouped together for a single vote. This item
may include, but not be limited to minutes, reports, claims
and information. Any council member may remove any item from
the consent agenda for separate discussion and vote as deemed
necessary. Such items shall then become the next order of
business at the same meeting.
E. Petitions. Petitions, remonstrances,
communications and comments or suggestions from citizens
present shall be heard by the council. All such remarks shall
be addressed to the council as a whole and not to any member
thereof. Such remarks shall be limited to three (3) minutes
unless additional time is granted by the council. No person
other than the individual speaking shall enter into the discussion
without the permission of the presiding officer. The open
meeting law precludes discussion of any matter brought before
the council under this section which, are not separately
set forth on the agenda.
F. Business. The Council shall consider
any business which is properly identified on the posted agenda,
including the introduction or reading of ordinances and resolutions.
2-4-6 Mayor and Council 2-5-1
G. Adjournment. The council may,
by a majority vote of those present, adjourn from time to
time to a specific date and hour. A motion to adjourn shall
always be in order and decided without debate.
Sec. 2-4-7 Committees and Commissions
The council may create such committees and commissions, standing
or special, as it deems necessary. Such committees shall
consist of as many members and shall perform such duties
as the council may require and shall exist at the pleasure
of the council.
Sec. 2-4-8 Voting
A. The mayor shall vote as a member of the council.
B. Upon the request of any member, the ayes and nays
upon any question shall be taken and entered in the minutes.
Sec. 2-4-9 Suspension of Rules
Any of the provisions of this chapter may be temporarily
suspended in connection with any matter under consideration
by a recorded vote of three—fourths of the members
present, except that this section shall not be construed
to permit any action that is contrary to state statutes.
Article 2-5 ORDINANCES, RESOLUTIONS AND CONTRACTS
2-5-1 Prior Approval
2-5-2 Introduction
2-5-3 Same Day Passage Prohibited
2-5-4 Two Separate Readings
2-5-5 Requirements for
an Ordinance
2-5-6 Effective Date
of Ordinances
2-5-7 Signatures Required
2-5-8 Publishing Required
2-5-9 Posting Required
Section 2-5-1 Prior Approval
All ordinances, resolutions and contract documents shall,
before presen°©tation to the council, have been
reviewed as to fort by the attorney. When there are substantive
matters of administration involved, all ordinances, resolutions
and contract documents shall be referred to the person who
will be charged with the administration of such ordinance,
resolution or contract. Such person shall have an opportunity
to present comments, suggestions and objections, if any,
prior to the passage of the ordinance, resolution or acceptance
of the contract.
2-5-2 Mayor and Council 2-5-7
Sec. 2-5-2 Introduction
Ordinances, resolutions and other matters or subjects requiring
action by the council shall be introduced and sponsored by
a member of the council, except that the attorney or the
clerk may present ordinances, resolutions and other matters
or subjects to the council, and any councilman may assume
sponsorship thereof by moving that such ordinance, resolution,
matter or subject be adopted; otherwise they shall not be
considered.
Sec. 2-5-3 Same Day Passage Prohibited
No ordinance, except an emergency ordinance, shall be put
on its final passage on the same day on which it was introduced.
Sec. 2-5-4 Two Separate Readings
All ordinances, except emergency ordinances, shall have two
separate readings, but the first and the second reading shall
never be made on the same day. The first reading may be by
title only, but the second reading shall be in full unless
the council, in possession of printed copies of said ordinance,
shall unanimously allow reading by title only.
Sec. 2-5-5 Requirements for an Ordinance
Each ordinance may have only one subject, the nature of which
is clearly expressed in the title. Whenever possible, each
ordinance shall be introduced as an amendment to this code
or to an existing ordinance and, in such case, the title
of the sections to be amended shall be included In the ordinance.
Sec. 2-5-6 Effective Date of Ordinances
No ordinance, resolution or franchise shall become operative
until thirty days after its passage by the council and approval
by the mayor, except measures necessary for the immediate
preservation of the peace, health or safety of the town,
but such an emergency measure shall not become immediately
operative unless it states in a separate section the reason
why it is necessary that it should become immediately operative,
and unless it is approved by the affirmative vote of three-
fourths of all the members elected to the council taken by
ayes and nays.
Sec. 2-5-7 Signatures Required
Every ordinance passed by the council shall, before it becomes
effective, be signed by the mayor and attested by the clerk.
2-5-8 Mayor and Council 2-6-2
Sec. 2-5-8 Publishing Required
Only such orders, resolutions, motions, regulations or proceedings
of the council shall be published as may be required by state
statutes or expressly ordered by the council.
Sec. 2-5-9 Posting Required
Every ordinance imposing any penalty, fine, forfeiture or
other punish°©ment shall, after passage, be posted
by the clerk in three or more public places within the town
and an affidavit of the person whom posted the ordinance
shall be filed in the office of the clerk as proof of posting.
ARTICLE 2-6 PLANNING AND ZONING COMMISSION
2-6-1 Established
2-5-2 Membership
2-6-3 Officers
2-6-4 Duties
2-6-5 Meetings
2-6-6 Voting
2-6-7 Fees
Section 2-6-1 Established
The Planning and Zoning Commission of the Town of Superior
is hereby established.
Section 2-6-2 Membership
A. The Planning and Zoning
Commission shall be composed of a total of seven members
who shall be residents of the town. The members of the commission
shall be appointed by the mayor subject to the approval of
the council. These appointments shall be for a period of
three years each, with the terms of members so staggered
that the terms of no more than three members shall expire
in any one year. The initial appointments shall be for two
members with terms beginning on July 1, 1986, and expiring
on June 30, 1967; for two members with terms beginning on
July 1, 1986, and expiring on July 30, 1988; and for three
members with terms beginning on July 1, 1986, and expiring
on June 30, 1989. Thereafter, all members shall be appointed
for full three year terms, except that in the event of death
or resignation of a member the vacancy may be filled for
the unexpired term. The term of all members shall extend
until their successors are qualified; except that three successive
unexcused or unexplained absences from any regular or special’ meeting
shall be grounds for termination at the will and pleasure
of the appointing authority without the necessity of a hearing
or notice and such action shall be final.
B. All members shall serve
without pay. Members of the commission may be reimbursed
for actual expenses incurred in connection with their duties
upon authorization or ratification by the commission and
approval of such expenditures by the council.
2-6-3 Mayor and Council 2-6-7
Sec. 2-6-3 Officers
The commission shall elect a chairman and vice chairman from
among its own members, who shall serve for one year and until
their successors are elected and qualified. The chairman
shall preside at all meetings and exercise all the usual
rights, duties and prerogatives of the head of any similar
organization. The chairman shall have the power to administer
oaths and to take evidence. The vice chairman shall perform
the duties of the chairman in the absence or disability of
the chairman. Vacancies created by any cause shall be filled
for the unexpired term by a new election.
Sec. 2-6-4 Duties
It shall be the duty of the said commission to formulate,
create and administer any lawful plan duly adopted by the
governing body for the present and future growth of the city
pertaining to the use of land and buildings for any purpose,
together with all incidental activities usually associated
therewith and commonly known as
”Planning and Zoning”; to make or cause to be made
a continuous study of the best present and future use to which
land and buildings shall be put within the town and in cooperation
with adjacent areas; to recommend to the governing body revisions
in such plans which, in the opinion of the commission, are for
the best interest of the citizens of the town; to promulgate rules
of procedure and to supervise the enforcement of rules so promulgated
by the commission and approved by the governing body.
Sec. 2-6-5 Meetings
The commission shall provide in its rules for its meetings;
provided, that special, meetings may be called by the chairman
or in his absence the vice chairman. In addition, any three
members of the commission may make written request to the
chairman for a special meeting and in the event such meeting
is not called, such members may call such special meeting
in such manner and form as may be provided in the commission
rules.
Sec. 2-6-6 Voting
Four members shall constitute a quorum. The affirmative vote
of four members shall be required for passage of any matter
before the commission. The minutes of the meetings shall
reflect the ‘ayes’ and ‘nays’ cast
on a particular measure and shall reflect the vote of each
member present. A member may abstain from voting only upon
a declaration that he has a conflict of interest, in which
case such member shall take no part in the deliberations
on the matter in question.
Sec. 2-6-7 Fees
The commission shall be authorized to establish a uniform
schedule of fees for services with all receipts to be paid
into the general fund of the town. Such fee schedules shall
become effective upon approval by the council.
Chapter 3 Administration
Chapter 3 Administration
Article 3-1 OFFICERS IN GENERAL
3-1-1 Officers
3-1-2 Additional Officers
3-1-3 Bond
3-1-4 Vacancies; Holding More Than One Office
3-1-5 Additional Powers and Duties
Sec. 3-4-1 Officers
There are hereby created the offices of town manager, town
clerk, town marshal, town engineer, town attorney and town
magistrate who shall be appointed by the Council and who
shall serve at the will and pleasure of the Council.
Sec. 3-1-2 Additional Officers
The Council may appoint and remove from time to tine such
other officers as it may deem necessary and that are not
provided for in this code or state statute.
Sec. 3-1-3 Bond
The Council shall require each officer of the Town to give
bond for the due discharge of his duties in such sums and
with such security as it may direct and approve as determined
by resolution and the Town shall pay the costs of such bond.
Sec. 3-1-4 Vacancies; Holding More than One Office
Any vacancy that shall occur in any Town office shall be
filled by appointment by the Mayor with the approval of the
Council, provided that one person may hold more than one
office and that at the discretion of the Council, the functions
of a town official may be validly performed and discharged
by a deputy or another town official, or an otherwise qualified
individual not holding office but employed at the pleasure
of the Council.
Sec. 3-1-5 Additional Powers and Duties
In addition to any powers and duties prescribed in this code,
each officer shall have such further powers, perform such
further duties and hold such other office as may be provided
by the Council through ordinance, resolution or order.
3-2 Administration 3-2-1
Article 3-2 OFFICERS
3-2-1 Town Manager
3-2-2 Town Clerk
3-2-3 Town Marshal
3-2-4 Town Attorney
3-2-5 Town Magistrate
Sec. 3-2-1 Town Manager
A. Powers and Duties.
The Manager shall be the administrative head of the government
of the Town under the direction and control of the Council.
He shall be responsible for the administration of all affairs
of the Town which are under his control. In addition to his
general powers as administrative head, it shall be his duty
and he shall have the powers set forth in the following subsections:
1. Law Enforcement. It shall be the duty
of the manager to see that all laws and ordinances of the
Town, and that all franchises, contracts, permits and privileges
granted by the Council are faithfully observed and to report
any failure in that regard to the Council, which shall give
such instruction and direction as it may desire for remedial,
corrective or terminating action by the Manager.
2. Authority Over Employees. It shall be
the duty of the Manager, and he shall have the sole authority
to control, order and give directions to all heads of departments
and to subordinate officers and employees of the Town under
his jurisdiction through their department heads.
3. Power of Appointment and Removal. Subject
to approval by the Council and to the-exceptions expressly
provided by this Chapter, it shall be the duty of the Manager
to, and he shall appoint, remove, promote, and demote any
and all officers and employees Of the town, except Magistrate,
Attorney, Clerk, Counsel, and members of Boards, and Commissions
and Committees, all of whom shall be appointed by the Council.
As to these officials, he shall recommend appointment and
removal. All this shall be subject to all applicable personnel
ordinances, rules and regulations.
4. Ordinances. It shall be the duty of the Manager
to recommend to the Council such measures and ordinances
as he deems necessary.
5. Attendance at Council Meetings. It shall
be the duty of the Manager to attend all meetings of the
Council unless he is excused there from by the Mayor individually
or by the Council. Except when his removal is under consideration,
he shall present definite recommendations relative to each
item on the agenda for approval, rejection or modification
by the Council.
6. Financial Reports. It shall be the duty
of the Manager to keep the Council fully advised as to the
needs of the Town in such form and at such times as requested
by the Council.
7. Budget. It shall be the duty of
the Manager to prepare and submit the proposed annual budget
and the proposed annual salary plan to the Council for its
approval.
3-2-1 Administration 3-2-1
8. Expenditure Control and Purchasing.
It shall be the duty of the Manager to see that no indebtedness
is incurred or expenditure made in violation of the State
Budget Law, and Arizona Revised Statutes or Town Ordinance.
9. Investigations and Complaints.
It shall be the duty of the Manager to make investigations
into the affairs of the Town and any department or division
thereof, and any contract or the proper performance of any
obligations of the Town and to report all findings to the
Council. Further, it shall be the duty of the Manager to
investigate all complaints in relation to matters concerning
the administration of the Town government and in regard to
the service maintained by public utilities in said Town and
report all findings to the Council.
B. Residence. Residence
in the Town at the time of appointment as Manager shall not
be required as a condition for the appointment, but within
sixty (60) days after reporting for work the Manager must
become a resident of the Town unless the council approves
his residence outside the Town.
C. E1igibility. No member
of the Council shall be eligible for appointment as Manager
until one year has elapsed after such Council member shall
have ceased to be a member of the Council.
D. Acting Town Manager.
In the event of the absence or disability of the Manager,
his powers and duties, subject to Council ratification shall
evolve upon the following officers of the Town and they are
so appointed in the following order as each succeeding officer
may be absent or disabled:
1. Mayor
2. Town Clerk
3. Vice Mayor
E. Compensation. The Manager shall receive such compensation
as the Council shall from time to time determine. In addition,
the Manager shall be reimbursed for all actual and necessary
expenses incurred by him in the performance of his official
duties.
1. Involuntary Removal. The manager serves
at the will and pleasure of the Town Council. On termination
of employment of the Manager by reason of involuntary removal
from service other than for willful misconduct in office,
the Manager shall receive cash severance pay in a lump sum
equal to two (2) month’s pay, such pay to be computed
at the salary received by the Manager for the preceding month
of his service with the Town.
F. Council- Manager Relations.
The Council and its members shall deal with the administration
services of the Town only through the Manager, except for
the purpose of inquiry, and neither the Council, nor any
member thereof, shall give orders or instructions to any
employee or officer other than the Manager. The Manager shall ‘take
his orders and instructions from the Council only when promulgated
at a duly convened meeting of the Council, and no individual
Councilman shall give any orders or instructions to the Manager.
3-2-1 Administration 3-2-2
G. Attendance at Commission
Meetings. The Manager may attend any and all meetings of
all commission, boards, or committees created by the Council,
upon his own volition or upon direction of the Council. At
such meetings which the Manager attends, he shall be heard
by such commissions, boards or committees as to all matters
upon which he wishes to address the members thereof, and
he shall inform said members as to the status of any matter
being considered by the Council, and he shall cooperate to
the fullest extent with the members of all commissions, boards
or committees appointed by the Council, however, at no time
shall he disclose matters discussed in Executive Session
of the Council.
H. Discretion of Council on
removal. In removing the Manager, the Council shall act at
its discretion and its action shall be final and shall not
depend upon any particular showing or degree of proof at
a hearing.
I. Limitation On
Removal. Notwithstanding the provisions of sub-section H
herein, the Manager shall not be removed from office, other
than for misconduct in office, during or within a period
of ninety (90) days next succeeding any general election
held in the Town which election a member of the Council is
elected or when a new Councilman is appointed; the purpose
of this provision is to require any newly elected or appointed
member of the Council or a reorganized Council to observe
the actions and ability of the Manager in the actual performance
of the powers and duties of his office.
J. Resignation of Manager.
The Manager shall provide the Council a minimum of forty—five
(45) days written notice of intention to resign his position.
The Manager shall assist the Council in the recruitment and
selection of a replacement if requested by the Council. In
the event of resignation due to health reasons, the period
of written notice shall be determined in conference between
the Manager and the Council.
K. Agreements on Employment.
Nothing in this Article shall be construed as a limitation
on the power or authority of the Council to enter into any
supplemental agreement with the Manager delineating additional
terms and conditions of employment not inconsistent with
any provisions of this article or of state statute.
Sec. 3-2-2 Town Clerk
A. Records. The Clerk shall keep a true and correct record
of all business transacted by the Council and any other records
that either pertain to the business of the Town or that the
Council directs. The Clerk shall number, plainly label and
file separately in a suitable cabinet all resolutions, notices,
deeds, surveys, leases, paid and unpaid vouchers, inventories,
letters, orders, and other documents of whatever nature.
B. Public Inspection
of Records. The Clerk shall keep convenient for public inspection
all public records and public documents under his control,
as provided in state statute.
C. Monthly Reports. The
Clerk shall prepare and collect from Town officers and employees
such’ monthly reports prepared in such manner and to
include such information as may be directed by the Council.
D. Minutes. The Clerk
shall prepare or cause to be prepared all minutes of Council
proceedings and ensure their correctness and accuracy.
E. Ordinances, Resolutions,
Budgets and Notices. The Clerk shall process, record, file,
publish and, if requested by state statute, post all ordinances,
resolutions, budgets and notices that may be passed by the
Council.
3-2-2 Administration 3-2-4
F. Duties as Treasurer.
The Clerk shall hold the office of Town Treasurer and receive
and safely keep all monies that; shall come to the Town and
pay put the sane when authorized by the Council. He shall
keep a separate record and account of each different fund
provided by the Council, apportion the monies received among
the different funds as prescribed by the Council and keep
a complete set of books showing every money transaction of
the Town, the state of each fund, from what source the money
in each fund was derived and for what purpose expended. The
Clerk shall make monthly reports to the Council of all receipts
and disbursements and the balance in each fund. At the end
of the fiscal year, he shall make a full and detailed statement
of the receipts and expenditures of the Town during the year
specifying the different sources of revenue and the amount
received from each, all appropriations made by the Mayor
and Council, and the object for which they were made, and
the amount of money expended under each, the evidences of
indebtedness issued, and what portion remains thereof outstanding,
with the rate and amount of interest due thereon, and the
amount of cash on hand.
G. Election Official.
The Clerk shall be the Town Election Official and perform
those duties required by state statute.
H. Licenses. The Clerk
shall issue or cause to be issued all licenses that má3i
be prescribed by state statute or this Code.
I. Purchasing Agent.
The Clerk shall assist the Town Manager in his capacity as
purchasing agent for the Town and make purchases as authorized
and directed by the Town Council or Town Manager within the
Town’s policy of purchasing.
J. Administrative
Duties. The Clerk shall perform those admini°©strative
responsibilities and duties that are conferred upon him by
the Council in addition to those specified in this Code.
Sec. 3-2-3 Town Marshall
The Marshall shall be the Chief of Police and shall be collector
of all taxes of the Town provided that the collection of
such taxes may be administered by the Town Clerk. He shall
perform such duties as may be required of him by law and
as the Council may deem necessary.
Sec. 3-2-4 Town Attorney
The Attorney shall act as the legal counselor and advisor
of the Council and other Town officials, and as such shall
give his opinion in writing when requested. He shall draft
all deeds, contracts, conveyances, ordinances, resolutions
and other legal instruments when required by the Council.
He shall approve as to form, in writing, all drafts of contracts
and all official or other bonds before final approval or
acceptance thereof by the Council. He shall return, within
ten-days, all ordinances and resolutions submitted to him
for consideration by the Council, with his approval or disapproval
noted thereon, together with his reasons therefore. He shall
prosecute and defend all suits, actions or causes where the
Town is a party and shall report to the Council, when required,
the condition of any suitor action to which the Town is a
party.
3-2-5 Administration 3-3-1
Sec. 3-2-5 Town Magistrate
The Town Magistrate shall be the presiding officer of the
Town Court, shall be selected by the Council and shall perform
those functions necessary to the maintenance of a magistrate
court as provided by state statute, this Code or ordinances
of the Town.
Sec. 3-2-6 Town Engineer
The Engineer shall make recommendations and reports to the
Town Manager and Council on Town streets and shall perform
such duties as may be required of him by law and such other
duties as the Council may deem necessary.
ARTICLE 3-3 APPEALS PROCEDURE FOR REQUIRED DEDICATION OR
EXACTION
3-3-1 Compliance with Arizona Statute, Appointment of Hearing
Officer
3-3-2 Notice Provisions, Continuing Education
3-3-3 Appeals Procedure, Time Limits, Ruling
3-3-4 Legislative Act – Non-applicability
Sec. 3-3-1 Compliance with Arizona Statute, Appointment of
Hearing Officer
A. In
order to comply with State and Federal laws, there is hereby
created the office of Hearing Officer for the Town of Superior
to hear appeals from property owners who have been required
by a decision of an administrative agency or official of
the Town to complete a dedication or exaction as a condition
of approving an applied for use, improvement, or development
of the owner’s real property. All actions of the hearing
officer shall be in full compliance with the provisions of
A.R.S. §9-500.12 et seq. and with the provisions of
this Article. Should there be a conflict between the provisions
of this Article and State law, the provisions of State law
shall apply.
B. The hearing
officer shall be appointed by the Mayor and Council and shall
serve a term of two (2) years, be over the age of eighteen
(18), be a resident of the Town of Superior1 shall not be
a Town employee other than as a hearing officer, and shall
be informed of the Conflict of Interest Policy established
by the Town.
C. The compensation
of the hearing officer shall be determined by the Mayor and
Council at the time of appointment and shall include reimbursement
for expenses of appearing at hearings. There shall be no
change to the compensation during the term of office.
3-3-2 Administration 3-3-3
Sec. 3-3-2 Notice Provisions, Continuing Education
The Town Manager shall establish procedures to comply with
the provisions of A.R.S. §9-500.12 et seq. as same may
be amended from time to time, including the establishment
of a procedure to notify property owners of their appeal
rights pursuant to State law and this Article. The Town Manager
shall further establish a method of insuring continuing education
and notification of all Town administrative agencies, Town
staff and the Mayor and Council of the requirements of State
law.
Sec. 3-3-3 Appeals Procedure, Time Limits, Ruling
A. At the time of any decision
by an administrative agency or official of the Town which
makes a final determination granting the approval of a requested
use, improvement1 or development of real property subject
to the requirement of a dedication or exaction as a condition
of granting the approval, the property owner shall be notified
in writing of his/her right to -appeal the required dedication
or exaction pursuant to this Code and A.R.S. §9-500.12.
The notice shall further describe the appeals procedure which
shall, in all respects, comply with A.R.S. §9-500.12.
B. Should the property owner
wish to appeal an appeal able decision:
1. The appeal shall
be in writing and filed with or mailed to the hearing officer
designated by the Town within thirty (30) days of the decision
of the administrative agency or official requiring the dedication
or exaction.
2. No fee will
be charged for the filing.
3. The hearing
officer shall schedule a hearing within thirty (30) days
of the receipt of the request.
4. At the hearing,
the Town shall bear the, burden of proving that the dedications
or exactions being required bear an essential nexus between
the requirement imposed and a legitimate governmental interest
of the Town and that the proposed dedication or exaction
is roughly proportional to the impact of the use, improvement,
or development proposed by the property owner.
5. The hearing
officer shall provide at least ten (10) days notice of the
date, time, and place of the hearing unless the property
owner acknowledges, in writing, that less notice is acceptable
to him/her. The hearing officer must render his/her decision
within five (5) working days after the appeal is heard.
6. The hearing
officer can affirm the dedication or exaction, modify it,
or delete the requirement. His/her decision shall be in writing
and delivered to the address provided by the property owner
and to the Town Manager and Town Attorney.
7. If the property
owner is aggrieved by decision of the hearing officer which
modifies or affirms the requirement of the dedication or
exaction, the property owner may, within thirty (30) days,
after the hearing officer has rendered a decision, file a
complaint for a trial de novo in Superior Court on the facts
and the law regarding the issues of the condition or the
requirement of a dedication or exaction.
3-3-4 Administration 3-3-4
Section 3-3-4 Legislative Act – Non-applicability
The provisions of this Article shall not apply to a dedication
or exaction required in a legislative act of the Town Council
which does not give discretion to an administrative agency
or official to determine the nature or extent of the dedication
or exaction.
POLICY OF THE TOWN OF SUPERIOR
ON APPEALS OF REQUIRED DEDICATIONS OR EXACTIONS
Rights of Property Owner
In addition to other rights granted to you by-the U.S. and
Arizona Constitution, federal and sate law and Town ordinances
or regulations, you are hereby notified of your right to
appeal any dedication or exaction which is required of you
by an administrative agency or official of the Town as a
condition of granting approval of your request to use, improve
or develop your property.
Appeal Procedure
If you wish to appeal, the following procedures will apply
to your appeal:
• It
must be in writing and tiled with or mailed to the hearing officer
designated by the Town within thirty (30) days after the administrative
agency or official has made his determination requiring the dedication
or exaction. The name and address of the hearing officer is as
follows:
______________________________________________________
______________________________________________________
• No fee will
be charged for filing.
• Your
hearing will be scheduled within thirty (30) days of receipt by
the hearing officer of your request. The Town will bear the burden
of proving that the dedications or exactions to be imposed on
your property bear an essential nexus between the requirement
and a legitimate governmental interest and that the proposed dedication
or exaction is roughly proportional to the impact of the use,
improvement or development proposed by you.
• Ten (10)
days notice will be given to you of the date, time and place of
the hearing unless you indicate to the hearing officer in your
request that less notice is acceptable to you.
• The hearing
officer must render his decision within five (5) working days
after the appeal is heard.
• The hearing
officer can affirm the dedication or exaction, modify it or delete
the requirement.
• If you
are dissatisfied with the decision of the hearing officer, you
may file a complaint for a trial de novo with the Superior Court
within thirty (30) days of the hearing officer decision.
Questions
If you have any questions about this appeal process, you
may contact:
______________________________________________________
______________________________________________________
REPORT ON DEVELOPMENT PROCESS
as required by Chapter 166 of the Laws of 1995
NAME OF CITY/TOWN: Town of Superior
EDUCATIONAL SESSIONS ATTENDED OR SPONSORED ON NEW REQUIREMENTS:
League of Cities and Towns Convention and Executive Session
with Town Attorney
PUBLIC HEARINGS OR MEETINGS HELD WITH PROPERTY OWNERS ON
NEW
APPEALS PROCESS:
Hearing on adoption of legislation to establish hearing officer
position and to establish an appeal and notice procedures
- Thursday, October 19, 1995
DESCRIPTION OF REVIEW PROCESS COMPLETED OR UNDERWAY TO DETERMINE
COMPLIANCE WITH RECENT U.S. SUPREME COURT CASES:
Review of Code by Town Attorney and staff to determine extent
of administrative agencies or other Town officials’ powers
to require a dedication or exaction as a condition of use,
improvement or development of real estate
DESCRIPTION OF APPEALS PROCESS ADOPTED IN RESPONSE TO NEW
LAW:
See attached Code Section and notice
NAME, ADDRESS AND PHONE NUMBER OF CONTACT PERSON:
William L. Tifft
Town Attorney
P.0. Box 2521
Globe, Arizona 85502
(520) 425-3227
Chapter 4 Police and Fire Department
CHAPTER 4 POLICE AND FIRE DEPARTMENT
Article 4-1 POLICE DEPARTMENT
4-1-1 Created; Composition
4-1-2 Appointment of Officers
4-1-3 Compensation of Officers
4-1-4 Departmental Rules and Regulations
4-1-5 Duties of Police Department
4-1-6 Answering Calls Outside the
Town
Sec. 4-1-1 Created; Composition
There is hereby created a police department for the town
which shall consist of a chief of police who shall also serve
as town marshal, and as many police officers as may from
time to time be deemed necessary by the council for the safety
and good order of the town.
Sec. 4-1-2 Appointment of Officers
The chief of police shall be appointed by the manager with
the approval of the council and shall serve at the pleasure
of the council. The council shall appoint as many police
officers as may from time to time be deemed necessary for
the safety and good order of the town.
Sec. 4-1-3 Compensation of Officers
The chief of police and the police officers of the town shall
be compensated as determined by the council. The chief of
police shall not receive any perquisites, commissions or
compensation for his services as chief of police or tax collector,
except as the council may prescribe.
Sec. 4-1-4 Departmental Rules and Regulations
The police department shall be operated and managed in accordance
with such departmental rules and regulations as may from
time to time be recommended by the chief of police and approved
by council resolution. All amendments to said rules and regulations
shall also be approved by council -resolution. The town clerk
shall maintain an updated copy of all current rules and regulations.
Sec. 4-1-5 Duties of Police Department
It is the duty of the police department, under the direction
of the chief of police, to:
A. Enforce this code
and the statutes of the State of Arizona within jurisdictional
limits as conferred by law and to arrest and charge the violators
thereof as provided by law and rules and regulations.
4-1-4 Police and Fire Department 4-1-5
B. Render such
account of the police department, its duties, and receipts
as may be required, and keep records of the office open to
inspection by the council or manager at any time.
C. Direct traffic
and ensure the orderly flow thereof and investigate and make
reports of traffic accidents and the need for repair or placement
of traffic control devices.
D. Perform such
other duties as may be required from time to time to properly
enforce state law and this code.
Sec. 4-1-6 Answering Calls Outside the Town
The members of the police department of the town are duly
authorized to answer calls for aid and assistance beyond
the corporate limits of the town whenever the chief of police
in his/her discretion shall deem it necessary to protect
lives and property and when such assistance is authorized
by state statute or an intergovernmental agreement to provide
such assistance.
Sec. 4-1-5 Police Reserve
A. There is hereby
created a police reserve corps, which members shall be appointed
by the police chief and who shall serve at the pleasure of
the chief. Such members shall serve without compensation.
B. The chief may
dismiss a member from the reserve without any hearing whatsoever,
and each member shall have the right to resign from said
reserve at any time.
C. To be eligible
for appointment as a police reserve officer, a person shall:
1. Be not less than 18 years of age.
2. Be a resident of Pinal County.
3. Be a citizen of the United States and
possess the ability to read and write the English language
understandably.
4. Be of good physical and mental health.
5. Be of good moral character.
D. The chief may set such additional requirements as he/she
may deem necessary.
E. Each
appointee, before entering upon his/her duties, shall sign
an oath stating that he/she will faithfully perform the duties
of police reserve officer.
F. Police
reserve officers shall adhere to and be governed by the rules
and regulations laid down for the guidance of the police
department insofar as such rules and regulations are applicable
to and consistent with the special and limited class of duty
prescribed for police reserve officers by the police chief.
Police reserve officers shall also comply with all other
applicable ordinances, rules and regulations adopted by the
city council and as instructed by the police chief.
4-1-5 Police and Fire Department 4-1-5
G. The police reserve
officers shall not be subject to, or acquire any rights under,
the personnel rules or the public safety pension fund of
the state or of this city.
H. The police reserve
officers shall conform to those specifications and regulations
as designated by the police chief, and shall purchase badges,
equipment and uniforms at their own expense and at no expense
to the city, or the police department.
I. In
the enforcement of the penal laws of the State of Arizona,
this code, and the ordinances of the city, and in the performance
of such other duties as may be designated by the chief, every
duly authorized member shall be deemed to have all the powers
of a police officer.
J. No person shall
impersonate a police reserve officer nor shall any person
undertake the duties of a police reserve officer without
having first been appointed by the chief of police.
Section 4-1-6 Impersonating Police Officers
It is unlawful for any person, by wearing or carrying clothing
or insignia resembling the uniforms or any parts thereof
worn by the police officers of the city, or by doing any
act, to impersonate a police officer, marshal, constable,
or peace officer in any manner.
* Reserved *
4-2 Police and Fire Department 4-2-3
Article 4-2 FIRE DEPARTMENT
Section 4-2-1 Created; Composition
Section 4-2-2 Departmental Rules and Regulations
Section 4-2-3 Powers and Duties of Chief
Section 4-2-4 Powers and Duties of Assistant Chief
Section 4-2-5 Appointment and Duties of Firefighters
Section 4-2-6 Entry Upon Adjacent Property
Section 4-2-7 Equipment
Section 4-2-8 Providing Fire Protection Outside the Town
Section 4-2-9 Fire Alarms
Section 4-2-10 Orders of Fire Chief
Section 4-2-11 Wearing of Badges or Insignias
Sec. 4-2-1 Created: Composition
There is hereby created a fire department for the town which
shall consist of a chief and as many firefighters and volunteer
firefighters as may be recommended by the Chief and approved
by the Manager and Council.
Sec. 4-2-2 Departmental Rules and Regulations
The tire department shall be operated and managed in accordance
with such departmental rules and regulations as may be recommended
by the Chief and approved by the Manager. Standard Operating
Procedures shall be updated or deleted as necessary at the
discretion of the chief, however all updates and amendments
shall be submitted to the council for review and all rules,
regulations and operating procedures shall be contained in
the administrative code. The town clerk shall maintain an
updated copy of all current rules and regulations.
Section 4-2-3 Powers and Duties of Chief
The Fire Chief shall:
A. Be appointed by the Manager
and shall serve at the will of the Manager and Council as
the administrative head of the fire department. He/she plans,
organizes, directs and evaluates fire suppression, emergency
medical and fire prevention programs and all departmental
operations all in conformance with the applicable rules and
regulations.
B. Take personal command of
firefighting activities at fires and emergencies. During
the progress of a fire the authority of the fire chief shall
be absolute in all matters directly concerning the extinguishment
of the fire and the disposition of property endangered by
it.
4-2-3 Police and Fire Department 4-2-6
C. Conduct suitable
drills or instructions in the operation and handling of equipment,
emergency medical and rescue work, salvage, a study of buildings
in the town, water supplies, and all other matters generally
considered essential to good fireman-ship and safety of life
and property from fire.
D. Exercise purchasing
and budgetary control in compliance with town code and procedure.
E. Review
and approve specifications for new equipment and apparatus,
and direct the maintenance, repair and replacement of firefighting
equipment -
F. Direct
the preparation of records and reports to secure efficient
operation to meet service demands, and to comply with authorized
requests for information regarding firefighting activities
and personnel.
G. When authorized
by the manager attend regional, state and local conferences,
conventions, and meetings to keep abreast of modern firefighting
methods and techniques.
H. Perform related
work as required by town code or state law.
I. Enforce
or cause to be enforced all ordinances affecting the operation
of the department.
Sec. 4-2-4 Powers and Duties of Assistant Chief
The Manager may appoint an Assistant Fire Chief. If such
an appointment is made, the assistant chief shall perform
all duties of the fire chief when the fire chief is absent
and such other duties as may be required by departmental
rules and regulations. The assistant chief may be a volunteer.
Sec. 4-2-5 Appointment and Duties of Firefighters
A. Firefighters shall
be appointed by the manager upon the recommendation of the
fire chief. Full time firefighters shall be subject to personnel
rules of the town unless specifically excluded pursuant to
this code.
B. Volunteer appointees
shall be able-bodied citizens at least eighteen (18) years
old whose business activities are normally within the confines
of the town. Any new member accepted shall reside within
a reasonable distance of the town, as determined by the fire
chief. Volunteer firefighters may be removed by the chief
or manager at anytime without cause.
C. All firefighters are
subject to control by the Fire Chief as the administrative
head of the department.
Section 4-2-6 Entry Upon Adjacent Property
A. It shall be lawful
for any firefighter acting under the direction of the chief
or another officer in command to enter upon the premises
adjacent to or in the vicinity of any building or other property
that is on fire for the purpose of extinguishing such fire,
B. No person shall hinder,
resist or obstruct any firefighter in the discharge of his/her
duty as herein before provided.
4-2-7 Police and Fire Department 4-2-8
Sec. 4-2-7 Equipment
The department shall be equipped with such apparatus and
other equipment as may be required from time to time to maintain
its efficiency and properly protect life and property from
fire. Recommendations concerning apparatus and equipment
needed shall be made by the chief, and after approval by
the Manager, such apparatus and equipment shall be purchased
in such manner as may be designated by the council. All equipment
of the department shall be safely and conveniently housed
in such a place or places as may be designated by the Fire
Chief and approved by the Manager. No person shall use any
fire apparatus or equipment for any private purpose, nor
shall any person willfully take away or conceal any articles
used in any way by the department. No person shall-enter
anyplace where the fire apparatus is housed or handle any
apparatus or equipment belonging to the department unless
accompanied by, or having special permission of, an officer
or authorized member of the department No fire apparatus
or equipment shall be hired out or permitted to leave the
fire station except for training or in response to a call
for aid at a fire within the corporate limits of the town
or in response to a call for aid at a tire in an area authorized
for fire protection service or mutual aid under provisions
of Section 4-2-8.
Section 4-2-8 Providing Fire Protection Outside the Town
Limits
A. Limitations on Out-of-Town
Fire Service: No fire service shall be rendered outside the
Town of Superior by the fire department, except in the following
cases:
1. To protect town property
located outside the town,
2. To protect property
within the town threatened by a fire outside the town.
3. To protect other
public property within a reasonable distance outside the
town limits.
4. To go to the aid of a community
threatened with disaster or loss of life as the result of
a spreading and uncontrolled conflagration as determined
by the fire chief.
5. To go to the aid of a fire protection
district, municipality or other entity having an agreement
in force with the town providing for said protection.
B. Protection of Public
Property: Nothing in this article shall prevent the fire
department from rendering service to buildings which are
owned or operated by Pinal County, the State of Arizona,
the United States of America, school districts, or by other
such governmental agencies. The fire chief shall, at the
time of a request for such service, determine if the fire
department can, with safety to the property within the town
limits, render town fire protection. The decision to furnish
such protection shall be at the discretion of the fire chief
or his/her designated representative.
C. Mutual Aid Agreements:
The Council shall be authorized to enter into mutual aid
agreements between the town and any municipalities or publicly
constituted fire district, within a reasonable distance of
the town, wishing to participate in reciprocal fire protection
service, pursuant to state statute.
1. No agreement shall be effective
until properly approved by the Mayor and Council and the
participating municipality or fire district.
4-2-8 Police and Fire Department 4-3
2. No response may be made by the
fire department to calls for assistance outside the town
when prior or coincident fire calls involving property within
the town have been received which, in the judgment of the
fire chief, may require the full use of town equipment.
Sec. 4-2-9 Fire Alarms
It is unlawful for any person knowingly to turn in or cause
to be turned in a false alarm.
Sec. 4-2-10 Orders of Fire Chief
It is unlawful for any firefighter or citizen to refuse to
obey an order issued by the fire chief pursuant to his/her
authority.
Sec. 4-2-11 Wearing Badges or Insignia of Officials
It is unlawful for any person to wear a fireman’s badge
or insignia, or the badge or insignia of any public officer
or inspector of the town when not properly authorized to
wear such badge or insignia.
Article 4-3 FIRE PREVENTION CODE
Section 4-3-1 Adoption of the Uniform Fire Code and State
of Arizona Fire Code
Section 4-3-2 New Materials, Processes or Occupancy Which
May Require Permits
Section 4-3-3 Violation - Penalties
Sec. 4-3-1 Adoption of the Uniform Fire Code and State of
Arizona Fire Code
A. That certain code
entitled the “Uniform Fire Code” 1985 Edition,
prepared by the International Conference of Building Officials
and the Westem Fire Chief’s Association, together with
the amendments, additions and deletions thereto adopted by
the Department of Building and Fire Safety of the State of
Arizona, as set forth in Regulations 4-34-1101, all of which
is entitled the “State of Arizona Fire Code”,
is hereby adopted as the Fire Prevention Code of the Town
of Superior and made a part of this Chapter and Code and
is incorporated herein by reference as if fully set forth
herein. At least three copies of said Fire Code have been
and are now on file in the Office of the Cleric of the Town
of Superior and are declared to be public record and henceforth,
said State of Arizona Fire Code shall be controlling within
the corporate limits of the town.
B. The “State of
Arizona Fire Code” (Fire Code) adopted by reference
is further modified as follows:
1. Section 2.201(b) shall read as
follows:
All buildings or structures which are structurally unsafe
or not provided with adequate egress, or which constitute
a fire hazard or are otherwise dangerous to human life, or
which in relation to
4-3-1 Police and Fire Department 4-3-3
existing use constitute a hazard to safety or health or public
welfare, by reason of inadequate maintenance, dilapidation,
obsolescence, fire hazard, disaster damage or abandonment
as specified in this code or any other effective ordinance,
are, for the purpose of this section, unsafe buildings. All
such unsafe buildings are hereby declared to be a public
nuisance and shall be abated by repair, rehabilitation, demolition
or removal in accordance with the procedure specified by
this code or by any other procedures provided -by law and
any amendments thereto.
Sec. 4-3-2 New Materials Processes or Occupancy Which May
Require Permits
The Town Manager and the Fire Chief shall act as a committee
to determine and specify, after giving affected persons an
opportunity to be heard, any new materials, processes or
occupancies for which permits are required in addition to
those now enumerated in said fire code. The chief shall post
such list in a conspicuous place in his/her office, and distribute
copies thereof to interested persons arid request this code
to be amended to include such changes.
Section 4-3-3 Violation - Penalties
A. A person shall be
guilty of a Class 1 misdemeanor if they are found to:
1. Violate or fail to comply with any provision
of the Fire Code or Standards hereby adopted.
2. Violate or fail to comply with any order
made there-under.
3. Build in violation of any detailed statement
of specifications or plans submitted and approved there-under,
or any certificate or permit issued there-under, and from
which no appeal has been taken.
4. Fail to comply with such an order as
affirmed or modified by the Chief or by the court of competent
jurisdiction, within the time fixed herein.
B. The imposition of one penalty
for any violation shall not excuse the violation or permit
to continue; and all such persons shall be required to correct
or remedy such violations or defects within a reasonable
time; and when not otherwise specified, each day that prohibited
conditions are maintained or allowed to continue shall constitute
a separate offense.
C. The application of
the above penalty shall not be held to prevent the forced
removal of prohibited conditions.
Chapter 5 Magistrate Court
CHAPTER 5 MAGISTRATE COURT
Article 5-1 Magistrate Court Established: Jurisdiction
There is hereby established in the town a magistrate court
which shall have jurisdiction of all violations of this code,
and jurisdiction concurrently with justices of the peace
of precincts in which the town is located of violation of
state laws committed within the limits of the town.
Article 5-2 PRESIDING OFFICER
5-2-1 Town Magistrate
5-2-2 Assistance Town
Magistrate
5-2-3 Powers and Duties
Section 5-2-1 Town Magistrate
A. The presiding officer of the magistrate court shall be
the town magistrate, who shall be appointed by the council
for a term of two (2) years. He shall receive such compensation
as the council may from time to time direct by resolution.
B. The magistrate shall be subject to removal from office
for good cause, but only after a hearing held after
providing a minimum of ten (10) days written notice. The
written notice to the magistrate shall also state the grounds
for possible removal to provide a full opportunity to be
heard on all alleged grounds of removal.
C. Should a vacancy occur during any term, the Council shall
appoint a new magistrate to serve for the unexpired portion
of said term.
Section 5-2-2 Assistant Town Magistrate
The office of assistant town magistrate is hereby created.
The assistant town magistrate shall be appointed by and shall
serve at the pleasure of the council for such term and for
such salary as the council may determine. He shall perform
the duties of the town magistrate in the absence of the town
magistrate.
Section 5-2-3 Powers and Duties
The powers and duties of the magistrate shall include:
A. The powers and
duties set forth and conferred upon him under the provisions
of the state constitution and statutes, this code and the
ordinances and resolutions of the town.
B. The keeping
of a docket in which shall be entered each action and a record
of the proceedings of the court therein.
5-2-3 Magistrate Court 5-4
C. The responsibility
for fixing and receiving all bonds and bails and receiving
all finds, penalties, fees and other monies as provided by
law.
D. Payment of all
fees, fines, penalties and other monies collected by the
court to the proper official as
provided
by law.
E. Submitting
a monthly report to the council summarizing court activities
for that month.
F. Preparation
of a schedule of traffic violations, not involving the death
of a person, listing specific bails for each violation.
G. Such other powers
and duties as may be required to carry out the rules and
regulations imposed on said court by the Supreme Court or
the Legislature of the State of Arizona.
Article 5-3 PROCEEDINGS of COURT
A. The court
shall be open- for transaction of business on such days and
during such hours as the council may from time to time direct
by resolution or at such other times as the magistrate deems
necessary to properly operate the court.
B. The proceedings
shall be conducted in accordance with the State Constitution,
the applicable state statutes and rules of the Arizona Supreme
Court pertaining to police courts. The proceedings sh4ll
also be conducted in accordance with the rules the Arizona
Supreme Court or legislature shall impose on said courts
from time to time.
C. The magistrate
court proceedings shall be commenced by complaint under oath
and in the name of the state setting forth the offense charged
and such particulars of time, place, person and property
as to enable the defendant to understand distinctly the character
of the offense complained of and to answer the complaint.
D. If the magistrate
is satisfied that the offense’ complained of has been
committed by the person charged, he shall issue a summons
or a warrant of arrest, Before issuing a summons or warrant
of arrest on a complaint, the magistrate may subpoena and
examine witnesses as to the truth of the complaint.
Article 5-4 Hearing Officers in Civil Traffic Cases
The town council may appoint one or more hearing officers
to preside over civil traffic violation cases when in
its opinion the appointment of such hearing officers are
necessary to assure prompt disposition of civil traffic violation
cases. -Hearing officers may hear and. dispose of civil traffic
violation cases under supervision of the presiding officer
of the Superior Magistrate Court and their decisions are
appeal-able to the Superior Court pursuant to Title 22, Chapter
2, Article 4, Arizona Revised Statutes.
Chapter 6 Animal
CHAPTER 6 ANIMALS
ARTICLE 6-1 RULES AND REGULATIONS
6-1-1 Definitions
6-1-2 Enforcement of Chapter
6-1-3 Cruelty
6-1-4 Noises; Offensive odors; Limitation on Number of Dogs
or
Cats
6-1-5 Livestock
6-1-6 Dangerous Animals
6-1-7 Strays; Housing, Limitations
6-1-8 Swine Prohibited
6-1-9 Chickens, Ducks, Geese, Turkeys, Rabbits, Rodents and
Pigeons
6-1-10 Destruction of Injured Dogs and Other Animals
6-1-11 Diseased Animals
6-1-12 Kennel and/or Cattery Unlawful within the Town; Exemptions
6-1-13 Exceptions, specially Zoned Areas for Livestock
Conditions
Section 6-1-1 Definitions
In this chapter unless the context otherwise requires:
A. “Animal” within
the provision of this chapter shall mean dogs, cats, livestock
and any animal of a species that is susceptible to rabies,
except man.
B. “Animal
control authority” shall consist of the animal control
officer, chief of police, the Pinal County enforcement agent
or such other person designated by the Town Council.
C. “Animal
control officer” means the person appointed or employed
by the Town as its enforcement officer, the Pinal County
enforcement agent or any member of the Town Police Department.
D. “Animal
shelter” means any premises designated by action of
the Town for the purpose of impounding and caring for all
animals impounded pursuant to this chapter.
E. “At large” means
off the premises of the owner, and being neither confined
by an enclosure nor physically restrained by a leash.
F. “Cattery” means
a residence, building, structure or other enclosed or controlled
area in which a person keeps, harbors or maintains four (4)
or more cats which are over four months of age.
G. “Exposed
to rabies” means an animal if it has been bitten by,
or been exposed to, any animal known to have been infected
with rabies.
H. “Fowl” means
chicken, cock, hen, duck, goose, peafowl, or other generally
accepted domesticated commercial bird.
6-1 Animals 6-1-4
I. “Kennel” means
a residence, building, fenced, enclosed, controlled area,
or structure in which a person keeps, harbors or maintains
four (4) or more dogs which are over four months of age.
J. “Livestock” means
neat animals, horses, sheep, goats, swine, mules, or asses.
K. “Owner” means
any person, group of persons or corporations owning, keeping
possessing, or maintaining, or harboring a dog or dogs or
other animals.
L. “Restraint” means
physically restrained by a leash.
M. “Stray dog” means
any dog four months of age or older running at large that
is not wearing a valid license tag.
N. “Vaccination” means
the administration of an anti-rabies vaccine to animals by
a veterinarian.
O. “Vicious animal” means
any animal of the order carnivore that has a propensity to
bite human beings without provocation, and has been declared
so after a hearing before a justice of the peace or magistrate.
Sec. 6-1-2 Enforcement of Chapter
The provisions of this chapter shall be enforced by the animal
control authority. The animal control authority is hereby
empowered to file civil complaints in the name of the Town
of Superior for collection of any monies due the Town under
this chapter.
Sec. 6-1-3 Cruelty
It is unlawful for any person to cruelly treat any animal
in the Town in any way. Any person who inhumanely beats,
underfeeds, overloads or abandons any animal shall be deemed
guilty of a violation of this section.
Sec. 6-1-4 Noises; Offensive Odors Limitation on Numbers...of
Dogs or Cats
A. It
is unlawful for any person to harbor, possess, maintain or
keep any animal which disturbs the peace by loud noises at
any time of the night or day or to possess, maintain or keep
any animal or animals on any premises in a manner which results
in offensive odors being emitted or an unsanitary condition
being created or maintained.
B. Within
the corporate limits of the Town, it shall be unlawful for
any person to harbor, maintain, house or keep at any one
time, more than three (3) dogs over four (4) months of age
or more than three (3) cats which are over four (4) months
of age.
6-1-5 Animals 6-1-9
Sec. 6-1-5 Livestock
A. It
is unlawful to permit any livestock within the Town limits
unless authorized under this code.
B. It
is unlawful to picket or tie any animal in the streets of
the Town for the purpose of grazing and feeding.
Sec. 6-1-6 Dangerous Animals
A. It is
unlawful to permit any dangerous, vicious animal of any kind
to run at large within the Town. Exhibitions or parades of
animals which are ferae naturae in the eyes of the law may
be conducted only upon securing a permit from the chief of
police.
B. The members
of the police department or the Town enforcement agent are
authorized to kill any dangerous animals of any kind when
it is necessary for the protection of any person or property.
Sec. 6-1-7 Stray; Housing, Limitations
A. Any person
who keeps or causes to be kept any horses, mules, cattle,
burros, goats, sheep or other livestock or poultry shall
keep such livestock or poultry in a pen or similar enclosure
to prevent their roaming at large within the corporate limits
of the Town. Any such livestock or poultry running at large
shall be impounded as provided in this chapter.
B. It is
unlawful to cause or allow any stable or place where any
animal is or may be kept to become unclean or unwholesome.
Any residence, property or premises upon which animals are
kept shall always be sanitary and free from offensive odors
and subject to inspection and regulations.
C. It is further
unlawful to keep or maintain any animal described in Subsection
A or any coop, house, stable, fowl—house, shed or other
structure required under Subsection A within one hundred
feet of the dwelling house of any person or persons.
Sec. 6-1-8 Swine Prohibited
It
is unlawful to keep any live swine or pigs within the corporate
limits of the Town.
Sec. 6-1-9 Chickens, Ducks, Geese, Turkeys, Rabbits, Rodents
and Pigeons
A. It is
unlawful for any person to keep any chickens, ducks, geese,
turkeys, rabbits, rodents or pigeons within the corporate
limits of the Town unless they are securely housed or cooped
so as to prevent them from being at large.
6-1-9 Animals 6-1-13
B. It is
unlawful to keep or maintain within one hundred (100) feet
of the dwelling house of any person or persons within the
Town any coop, house, stable, fowl—house, shed or other
structure for the purpose of housing, keeping or caring for
chickens, ducks, geese, turkeys, rabbits, rodents or pigeons.
Sec. 6-1-10 Destruction of Injured Dogs and Other Animals
Any licensed or unlicensed dog or other animal which, apparently,
is suffering from serious injuries and is in great pain and
probably would not recover, or which has evidence of any
infectious disease which is a danger to other dogs or animals
or to man, may be destroyed by the animal control officer
in as humane a manner as possible after reasonable efforts
to notify the owner have failed.
Sec. 6-1-11 Diseased Animals
A. It is
unlawful to allow any domestic animal afflicted with a contagious
or infectious disease to run at large or to be exposed in
any public place whereby the health of man or beast may be
affected. It is unlawful for such diseased animal to be shipped
or removed from the premises of the owner thereof, except
under the supervision of the animal control officer.
B. It is
hereby made the duty of the animal control officer to secure
such disposition of any diseased animal and such treatment
of affected premises as to prevent the communication and
spread of the contagion or infection, except in the cases
where the state health department officer or the state veterinarian.
Sec. 6-1-12 Kennel and/or Cattery Unlawful Within the City;
Exemptions
A. It shall
be unlawful and punishable as provided in this Code to operate,
maintain, or establish a kennel or cattery (as defined in
6-1-1) within the corporate limits of the Town.
B. It shall
be presumed that a person is operating, maintaining or establishing
a kennel or cattery if he has present on the premises, at
one time, four or more dogs over four months old or four
or more cats over four months old.
C. Any person
who has a current kennel permit issued by the Board of Supervisors
pursuant to A.R.S. §24-367.01, on or before the effective
date of this section, shall be allowed to continue with the
operation of said kennel so long as the permit is not allowed
to lapse. No such permit may be transferred or assigned to
any other person within the corporate limits of the City.
Sec. 6-1-13 Exceptions, Specially Zoned Areas for Livestock
conditions
A. The foregoing provisions of this Chapter
6 notwithstanding, it shall be lawful to keep and maintain
fowl, rodents, or livestock within certain districts established
for such purposes by the Planning and Zoning Commission and
the Mayor and Council of the Town or where a permit for such
maintenance is issued by the Mayor and Council after public
vote. If, however, livestock, rodents, and fowl are authorized
to be maintained or kept within any district established
pursuant to zoning regulation or by permit, the land on which
said animals are kept or maintained shall not be less than
one (1) acre and the authorization to keep and maintain said
animals shall be specifically conditioned upon compliance
in full with the following;
6-1-13 Animals 6-2
1. There
shall be no more than two (2) horses and/or three (3) other
head of livestock maintained on the property for the first
one (1) acre of land and no more than two (2) additional
head for each additional one -half (1/2) acre of land owned
and operated by the person keeping and maintaining said livestock.
2. No
fowl, rodents, or livestock shall be cooped, stabled, or
confined in any building within two hundred (200) feet from
any residence, dining, or sleeping quarters which may be
situated on adjacent land, and all such animals shall be
kept in suitable enclosures and shall not be permitted to
run at large
a. All
such enclosures shall be maintained in a sanitary condition.
b. The
Animal Control Authority may impose other rules and regulations
by Council resolution which shall have the force and effect
of law to insure proper sanitary conditions are maintained
and to enforce the provisions of this Code. Any violations
of any such rule or regulation, after receipt of notice of
same, shall be considered a violation of this Code and punishable
as such.
3. All
animals allowed to be maintained within a zoning district
established by Planning and Zoning and the Mayor and Council
or by permit shall be kept and maintained in such a manner
as to not disturb the peace, comfort, and health of any other
person residing in the Town. It shall be considered a violation
of this section if offensive or fowl odors or noise are emitted
beyond the property boundaries of the premises on which the
animals are maintained.
4. If newly annexed
property is actually utilized for maintaining livestock at
the time of annexation, such use may continue even if it
is not located in an area zoned for such purpose. Such use
may continue as a non-conforming use until the right to use
same is forfeited or abandoned by non-use for a period of
one (1) year or as otherwise provided in the Zoning Ordinance.
ARTICLE 6-2 IMPOUNDING GENERALLY
6-2-1 Scope of
Article
6-2-2 Impounding
of Animals at Large
6-2-3 Notice to
Owners of Impoundment
6-2-4 Report of
Impounded Animals
6-2-5 Conditions
and Duration of Impoundment
6-2-6 Redemption of Impounded
Animals
6-2-7 Sale of Unredeemed Animals
6-2-8 Impounding Fees
6-2-9 Impeding Animal Control
Officer
6-2-10 Biting Animals
6-2-11 Contractual Agreement
6-2-1 Animals 6-2-6
Sec. 6-2-1 Scope of Article
The provisions of this article shall apply to the impoundment
of any and all animals, except dogs and cats. The provisions
of Article 6-3 apply to the impoundment of dogs.
Sec. 6-2-2 Impounding of Animals at Large
It shall be the duty of the animal control officer to impound
all animals found at large, or not under the charge, care
or control of some person in the streets, alleys or other
public places or vacant or unenclosed lots in the Town.
Sec. 6-2-3 Notice to Owners of Impoundment
If the owner of any impounded animal is known to the animal
control officer and resides or has a known place of business
in the Town, the animal control officer shall notify the
owner of such animal personally or by letter through the
post office within twenty-four hours after such animal has
been taken up and impounded. The notice shall contain a description
of the animal and shall state that unless reclaimed such
animal will be sold at public auction to the highest bidder
at the time and place specified in the notice. Copies of
the notice shall be posted at the place of impoundment and
at the Town Hall.
Sec. 6-2-4 Report of Impounded Animals
The animal control officer shall, within twenty-four hours
after taking and impounding any animal, make a report to
the clerk stating the kind of animal and describing it by
color, marks, or brands or otherwise and when the animal
was taken up and impounded.
Sec. 6-2-5 Conditions and Duration of Impoundment
The animal control officer shall keep all animals taken up
and impounded in a safe, convenient and comfortable place
within or conveniently near the Town limits and shall feed
such animals at least once every twenty—four hours
and treat them in a humane manner during the time they are
impounded. The duration of impoundment shall not be less
than three days, unless sooner claimed by the owner.
Sec. 6-2-6 Redemption of Impounded Animals
If the owner of any animal applies to the animal control
officer and -pays the fees and charges provided by this chapter
within five days after such animal has been taken up and
impounded, the animal control officer shall deliver such
animal to the owner.
6-2-7 Animals 6-2-11
Sec. 6-2-7 Sale of Unredeemed Animals
All animals, taken up and impounded under the provisions of
this article which have not been claimed and for which the
fees and charges have not been paid to the animal control
officer by the owner within five days, shall at the time
provided in the notice of sale be sold by the animal control
officer at public auction at the place of impoundment to
the highest cash bidder. The proceeds, after deducting there-from
the fees and charges, shall be paid to the owner of the animal
if he appears and claims the same within thirty days after
the sale, and if not, then the proceeds shall be paid into
the general fund of the Town. The animal control officer
shall execute a bill of sale in favor of the purchaser or
such animal and upon payment of the amount bid shall deliver
the bill of sale to the purchaser.
Sec. 6-2-8 Impounding Fees
The animal control officer shall collect from the owner of
animals taken up and impounded and duly claimed by the owner,
before delivering any such animals, a sum to be determined
by resolution of the Council for every animal so taken up,
and additionally a sum to be determined by resolution of
the Council for the care, watering and feeding of any impounded
animal. All fees collected shall be paid into the general
fund of the Town.
Sec. 6-2-9 Impeding Animal Control Officer
It is unlawful for any person -to in any manner intervene,
impede, prevent, obstruct or intimidate the animal control
officer or any of his deputies or Town Police in the discharge
of their duties in taking up or attempting to take up and
impound any and all animals which it shall be their duty
to impound under the provisions of this chapter, or who shall
rescue or attempt to rescue any animal so taken up or to
release any animal so impounded.
Sec. 6-2-10 Biting Animal
Whenever any animal bites a person, the person so bitten
and the owner of the animal shall immediately notify the
animal control officer, who shall cause an examination of
the animal to be made by a duly licensed physician or a duly
licensed veterinarian and shall order compliance with the
provisions of Sec. 6-3-7 of this Chapter.
Sec. 6-2-11 Contractual Agreement
Notwithstanding any provision of this article to the contrary,
the Council may contract with the county or other governmental
agency to enforce the provisions of this article in such
manner as may be provided in the agreement.
6-3 Animals 6-3-2
Article 6-3 DOGS
6-3-1 Definitions
6-3-2 Licenses and Tags
Generally
6-3-3 Vaccination Required
6-3-4 Running at Large
6-3-5 Impoundment
6-3-6 Biting Dogs
Section 6-3-1 Definitions
In this chapter unless the context requires otherwise:
A. “At large” means off the
premises of the owner not under the control of the owner
or other persons acting for the owner.
B. “Collar” means a band, chain,
harness or suitable device worn around the neck of a dog
to which a license may be affixed.
C. “Dog” means a member
of the canis familiaris family.
D. “Dog violation citation” means
a document issued by the enforcement agent or his duly authorized
representative to a person who has violated the regulations
of this chapter commanding that person to appear in the magistrate
court on a day named or, if desired, to pay the fine by mail.
E. “Enforcement agent” means
any person appointed by the council to enforce the provisions
of this chapter.
F. “Owner” means any
person, owning, keeping, possessing, harboring or maintaining
a dog.
G. “Pound” means any establishment
authorized by the town for the confinement, maintenance,
safekeeping and control of dogs that come into the custody
of the enforcement agent.
H. “Vaccination” means an anti-rabies vaccination
using a type of vaccine approved by the state veterinarian.
Sec. 6-3-2 Licenses and Tags Generally
A. All dogs kept, harbored or maintained
in the town must be licensed and registered if over four
months of age. Dog licenses shall be issued by the enforcement
agent upon payment of a license fee. The license shall expire
on the first day of January of each year. The owner shall
state at the time application is made for such license his
name and address and the name, breed, color and sex of each
dog owned or kept by him.
B. lf the license is not obtained
by the owner during the month of January of any year, or
within thirty days of the date of first possession of any
dog, or of its becoming four months old, or within thirty
days from the arrival of the dog in the town the license
payment shall be deemed delinquent and a penalty shall be
added to the license fee.
C. The fees provided by this section shall
be determined by resolution of the council.
6-3-2 Animals 6-3-3
D. A guide dog belonging to a blind person
who is a resident of the state or any bona fide nonprofit
organization which is in the business of breeding, raising
or training dogs that are to be used for guiding the blind
shall, upon application by the owner or organ°©ization
to the town and on presentation of proper proof, be vaccinated
and licensed pursuant to this article without payment of
a fee.
E. Each dog licensed under the terms
of this article shall receive, at the time of licensing,
a tag on which shall be inscribed the name of .the town,
the number of the license and the year in which it expires.
It shall be the duty of the owner to cause such tag to be
securely attached to a collar or harness which shall be worn
by the dog at all times. Whenever a dog tag is lost, a duplicate
tag shall be issued upon application by the owner and payment
of a fee to the enforcement agent.
F. It is unlawful for any person
to counterfeit or attempt to counter°©feit an official
dog tag or remove such tag from any dog for the purpose of
willful and malicious mischief or place a dog tag upon a
dog unless the tag was issued to that dog.
G. Whenever the ownership of a dog has
been changed, the new owner must secure a transfer of license
to such owner. A fee shall be charged to transfer any license.
H. Dogs while being used for hunting or
dogs while being exhibited at American Kennel Club approved
shows or dogs while engaged in races approved by the Arizona
Racing Commission and such dogs while being transported to
and from such events need not wear a collar or harness with
a valid license attached; provided, that they are properly
vaccinated and licensed.
I. The enforcement agent shall
apprehend and impound any dog found without a current valid
license tag.
Sec. 6-3-3 Vaccination Required
A. Before a license is issued for
any dog, the owner must present a vaccination certificate
signed by a veterinarian stating the owner’s name and
address and giving the dog’s description, date of vaccination
and type, manufacturer and serial number of the vaccine and
date revaccination is due. A duplicate of each rabies vaccination
certifi°©cate issued shall be transmitted to the
enforcement agent on or before the tenth day of the month
following the month during which the dog was vaccinated.
No dog shall be licensed unless it is vaccinated in accordance
with the provisions of this article and the regulations promulgated
hereunder.
B. A dog vaccinated in any other
place prior to entry into the town may be licensed in the
town provided that at the time of licensing, the owner of
such dog presents a vaccination certificate, signed by a
veterinarian licensed to practice in that place or a veterinarian
employed by a governmental agency in that place, stating
the owner’s name and address and giving the dog’s
description, date of vaccina°©tion and type, manufacturer
and serial number of the vaccine used. The vaccination must
be in conformity with the provisions of this article and
the regulations promulgated hereunder.
C. The town shall make provisions for low-cost
vaccination clinics as deemed necessary. The vaccination
shall be performed by a veterinarian.
D. If a dog is impounded and found to be
unvaccinated, the enforcement agent is hereby authorized
to cause such dog to be vaccinated at the pound at a cost
to be borne by the owner. The vaccination shall be performed
by a veterinarian, who shall issue a certificate of vaccination.
6-3-4 Animals 6-3-6
Sec. 6-3-4 Running at Large
A. No person owning, keeping, possessing,
harboring or maintaining a dog shall allow such dog to be
at large. A dog is not deemed to be at large:
1. While such dog is actively engaged in
dog obedience training, accompanied by and under the control
of his owner or trainer, if such dog is actually enrolled
in or has graduated from a dog obedience training school
which has been approved by the town enforcement agent.
2. While such dog is being used for hunting purposes.
3. While such dog is being exhibited at an American
Kennel Club approved show.
4. While such dog is engaged in races approved
by the Arizona Racing Commission.
B. The enforcement agent shall apprehend
and impound any dog running at large contrary to the provisions
of this section.
Sec. 6-3-5 Impoundment
A. Each unlicensed dog impounded shall
be kept and maintained at the pound for a minimum of five
days. At the expiration of the impound°©ment period,
anyone may claim the dog; provided, that such person pays
all established pound fees and complies with the licensing
provisions of this article within seventy-two hours. If no
person claims the dog, the enforcement agent may dispose
of the dog in a humane manner.
B. Impoundment costs shall include an assessment
for each time a dog is impounded and the actual cost incurred
for each day the enforcement agent cares for and feeds the
dog.
Sec. 6-3-6 Biting Dogs
A. Whenever a dog bites any person the
incident shall be reported to the enforcement agent immediately
by any person having direct knowledge.
B. Any dog that bites any person shall
be quarantined and impounded or, at the request of and at
the expense of the owner, placed in a veterinary hospital
for a period of not less than seven days. The owner of any
dog that has bitten a person may voluntarily deliver the
dog to the enforcement agent at the-pound; otherwise, there
shall be an assessment against the owner if the enforcement
agent must pick up the dog. If the dog is impounded in the
pound for observation as a result of a dog bite incident,
there shall be a per day charge for board, and any other
expenses incurred during the quarantine or impoundment shall
be paid by the owner.
C. If it is determined that the dog is
infected with rabies or other dangerous, contagious and infectious
disease, it shall be the duty of the enforcement agent to
destroy such dog in as humane a manner as is reasonably possible.
If at the end of the quarantine or impoundment, a veterinarian
is convinced that the dog is free from such diseases, the
dog shall be released. If the dog dies during the period
of quarantine or impoundment, its head shall be sent to the
laboratory at the department of health services for examination.
6-4 Animals 6-4-4
Article 6-4 CITATION OF OWNERS
6-4-1 Running at Large
6-4-2 Citation Issued to Owners
6-4-3 Payment of Citation
6-4-4 Filing of Citation
6-4-5 Records of Citations
6-4-6 Right to Impound Dogs Not Superseded
Sec. 6-4-1 Running at Large
It is unlawful for any owner or custodian of any dog to permit
the dog to run loose or to be at large within the corporate
limits of the city upon any public street, highway or public
place or upon private property owned by a person other than
the owner or custodian of the dog.
Sec. 6-4-2 Citation Issued to Owners
Whenever any person is in violation of the provisions of
this chapter, the enforcement agent, his duly authorized
representative or any police officer may hand deliver or
mail to the last known mailing address of such person a dog
violation citation. Such citation shall be approved as to
form by the town attorney and the magistrate court. The citation
shall advise the person of the specific violation with which
he is charged and of the time and place of such violation.
A copy of such notice shall be sent to the clerk by the enforcement
agent.
Sec. 6-4-3 Payment of Citation
A. Payment of citation may be made,
within ten days of the issuance of the citation, by mailing
or by presenting to the office of the clerk a copy of the
citation and the amount of the fine for such violation. The
fines for violating the provisions of this chapter shall
be adopted from time to time by resolution of the council1
B. Any person charged with a violation
of this chapter has the right to appear in the magistrate’s
court and contest the charge.
C. If the person pays the fine he
shall be given or mailed a receipt therefore and the citation
shall not be filed in court.
Sec. 6-4-4 Filing of Citation
If the person does not pay such penalty or if such person
requests that the matter go to court, the town clerk shall
file the citation in the magistrate court.
6-4-5 Animals 6-4-6
Sec. 6-4-5 Records of Citations
Citations filed with the clerk by the enforcement agent and
not filed in the magistrate court shall be kept on file in
the clerk’s office for at least one year.
Sec. 6-4-6 Right to Impound Dogs Not Superseded
The provisions of this article shall not supersede the town’s
right to impound dogs as provided in Section 6-3-5.
Chapter 7 Building and Safety Code
CHAPTER 7 Building and Safety Code
ARTICLE 7-1 BUILDING CODE
7-1-1 Adoption of Uniform Building Codes
7-1-2 Rules and Definitions
7-1-3 Local Amendments to Uniform Codes
Sec. 7-1-1 Adoption of Uniform Building Codes
A. The following
uniform codes are hereby adopted as the building safety code
for the Town of Superior. Any reference to “Uniform
Code” herein includes all codes listed herein.
1. Uniform Building
Code (1997 Edition) together with its supplements, if any,
published by the International Conference of Building Officials,
together with the following appendices to said Uniform Building
code:
(a) Ch. 1 - Life Safety Requirements
for Existing Buildings Other Than High Rise
Buildings;
(b) Ch. 10- Detention and Correctional
Facilities;
(c) Ch. 11 - Agricultural
Buildings;
(d) Ch. 12 - Div. II - Requirements
for Group R, Div. 4 Occupancies;
(e) Ch. 12- Div. III - Barriers
for Swimming Pools, Spas and Hot tubs;
(f) Ch. 23, Div. I - Snow Load Design;
(g) Ch. 23, Div IV- Flood Resistant Construction;
(h) Ch. 29 - Waterproofing & Damp proofing Foundations;
(i) Ch. 31, Div. I - Site Accessibility;
(j) Ch. 31, Div IF - Accessibility for Existing Buildings;
(k) Ch. 49 - Patio Covers;
(I) Ch. 70 - Excavation and Grading.
2. Uniform Mechanical
Code (1997 Edition), together with its supplements, if any,
published by the International Conference of Building Officials.
3. Uniform Housing
Code (1997 Edition), together with its supplements, if any,
published by the International Conference of Building Officials.
4. Uniform Code
for the Abatement of. Dangerous Buildings (1997 Edition),
together with its supplements, if any, published by International
Conference of Building Officials.
5. State Plumbing
Code adopted by rule pursuant to A.R.S. §41-619 and
amendments thereto.
6. National Electrical
Code (1996 Edition), together with its supplements, if any,
published by National Fire Protection Association, Inc.
7. Uniform Fire
Code (1 997 Edition), copyrighted by the International Conference
of Building Official and Western Fire Chiefs Association.
7-1-1 Building Safety Code 7-1-3
8. Guidelines for Manufactured Housing
(1997 Edition), together with its supplements, if any, published
by the Arizona Secretary of State.
9. City of Mesa Adobe
Code (Latest Edition).
10. Uniform Administrative
Code (1997 Edition), together with its supplements, if any,
published by International Conference of Building Officials.
B. This Chapter
7 shall be known as the Building Safety Code of the Town
of Superior. Each of the Uniform Codes described in this
article are hereby incorporated by this reference and made
a part of this chapter as if fully set forth herein. At least
three (3) copies of said codes shall be filed in the office
of the Town Clerk and made available for public use and inspection.
Sec. 7-1-2 Rules and Definitions
A. The following
terms utilized in this Chapter shall be defined as provided
in the uniform codes adopted pursuant to Article 7-1-1 of
this Chapter, except as hereinafter provided:
1. The terms “Governing
Body” or “City” or “Town” or “Municipality” as
used in the Uniform Codes shall mean the incorporated area
of the Town of Superior.
2. The terms “Mayor”, “Appointing
Authority”, “Commission” “Town Council” or “Manager” as
used in the Uniform Codes shall mean the Mayor and Council
of the Town of Superior.
3. The terms “Administrative
Authority”, “Building Officials”, “Chief”,
or “Administrator”, as used in the Uniform Codes,
shall mean the Building Inspector of the Town of Superior
or other person designated or authorized by the Town Manager,
including building officials of other political subdivisions
operating pursuant to approved intergovernmental agreement.
4. The terms “Other
Code” or “Other Codes” as used in the Uniform
Codes shall mean other code or codes adopted by the Town
of Superior or the State of Arizona, if applicable. If there
should be a conflict between any such code, the more restrictive
shall prevail.
Sec. 7-1-3 Local Amendments to Uniform Code
A. To provide for
the establishment of standards which are particularly suited
to construction of residential, commercial and industrial
properties within the Town, the provisions of this section
are adopted as amendments to the Uniform Code. Should there
be a conflict between the provisions of the Uniform Code
and these amendments, these amendments shall control and
be fully enforceable as other provisions of the Uniform Codes
are enforceable.
1. The following
amendments are made to the Uniform Building Code, adopted
by reference in Section 7-1-1 (A)(1) of this chapter;
a. Section
106, “Permits issuance”, Subsection 106.44, “Expiration”,
is amended as follows: Strike “work is commenced” and
insert in lieu thereof “...approval of the last required
inspection...”
7-1-3 Building Safety Code 7-1-3
b. Section
107, “Fees”, Subsection 107.2, “Permit
Fees”, Paragraph 2 is amended by the following addition
after the last sentence: “For the purposes of determining
valuations as
defined
by Section 223 of the Uniform Building Code. 1997 Edition, the
most current building valuation data as published by the International
Conference of Building Officials
In
Building Standards magazine, as such data is published from time
to time, shall be used. The valuation for any shell-only buildings
may be reduced by 20 percent. The valuation for any foundation-only
permit may be reduced by 75 percent. The foundation only permit
may include the foundation, interior underground utilities and
any interior slab work when so specified.”
c. The last sentence
in the first paragraph of Subsection 107.3, “Plan Review
Fees”, of Section 107, “Fees”, is hereby
amended to read as follows:
“Said
plan review fee shall be 65 percent of the permit fee as shown
in Table 1-A. When a plan review for compliance with the Fire
Code is required, a plan review fee of 35 percent of the previously
stated 65 percent plan review fee shall be charged. In no case
shall any plan review fee be less than $25.00.”
d. Section 109, “Certificate
of Occupancy”, Subsection 109.1, entitled “Use
and Occupancy”, is amended to read as follows:
“Buildings
or structures shall not be used, occupied, or furnished in whole
or in part, nor shall a change in the existing occupancy classification
of a building or structure or portion thereof be made until the
building official has issued a certificate of occupancy therefore
as provided herein.
EXCEPTION: Group U Occupancies:
Issuance
of a certificate of occupancy shall not be construed as an approval
of a violation of the provisions of this code or of other ordinances
of the jurisdiction. Certificates presuming to give authority
to violate or cancel the provisions of this code or of other ordinances
of the jurisdiction shall not be valid,”
e. The following
fee schedule is adopted at the time of adoption of this code
section. However, the Mayor and Council may modify same by
resolution and the provisions of said resolution shall thereafter
control. To the extent the following fees are inconsistent
with those established in the 1997 Uniform Building Code,
the following fees shall supersede those such fees established
in the 1997 Uniform Building Code. Unless otherwise indicated,
the following fees will be applicable to residential and
non-residential projects.”
Swimming Pools
Above
Ground $
50.00*
In
Ground $125.00*
Spas/Hot
Tubs $ 50.00*
*When standard pool/spa/hot tub plans are not on file with
the Building official, a $25.00 plan review fee will also
be charged.
7-1-1 Building Safety Code 7-2
Re-Roof (One-and Two-Dwelling Structures Only)
Shingles
- overlay $
25.00
Shingles
and sheathing $
50.00
Tile
and sheathing $
50.00
Other types of roofs shall be based on valuation of the project.
Vacuum Breaker (For residential landscape irrigation systems
only)
1
through 5 devices $
25.00*
Over
5, each additional $ 2.00*
* Includes only the electrical devices required to operate
the system. An additional $20.00 fee shall be charged for
electrical work installed for low-voltage landscape lighting
when issued in conjunction with a vacuum breaker permit.
Building Demolition
Residential
accessory building or garage $
25.00
Single-family
residence $
50.00
Structures
other than residential single-family $100.00
Temporary Trailers
Temporary construction trailer
Building
permit $150.00 Plan
Review $
25.00
Temporary sales trailer
Building
permit $
50,00 Plan
Review $
50.00
Generators
for Temporary Trailers (Each) $
25.00
Mobile
Home Hook Up (includes sewer, water and electrical) $
50.00
Permits for Residential (R-3) Accessory Buildings, including
but not limited to, detached garages, carports, storage sheds
over 120 square feet, patio covers and gazebos, shall e charged
a building permit fee based on the 1 997 Uniform Building
Code and a plan review fee of $25.00.
ARTICLE 7-2-1 ADMINISTRATION
7-2-1 Permit or License
7-2-2 Building Inspector
7-2-3 Adopting Rules or Regulations
7-2-1 Building Safety Code 7-3-1
Sec. 7-2-1 Permit or License
All department officials and public employees of the Town
of Superior vested with the duty or authority to issue permits
or licenses shall comply with the provisions of this Chapter
and the Uniform Codes adopted herein. No permit or license
for any use, building or purpose shall be issued in conflict
with the provisions of this Chapter. Any permit or license
issued in conflict with the provisions of this Chapter shall
be null and void and of no effect whatsoever.
Sec. 7-2-2 Building Official
The Building Inspector for the Town of Superior shall be
the building official authorized to enforce all the provisions
of this Chapter and shall be appointed by the Town Manager.
In the absence of such appointment, the Town Manager may
himself, or by appointment, authorize other Town Officials
or employees or the building departments of other political
subdivisions to enforce the provisions of this chapter and
the Uniform Codes adopted herein. Any reference to “Building
Official” herein shall include any such authorized
person.
Sec. 7-2-3 Adopting Rules and Regulations
The Building Official shall adopt rules and regulations,
subject to the approval of the Mayor and Council, in the
interest or public safety, health and general welfare, to
implement the provisions of this Chapter and to secure the
intent thereof. No such rules shall have the effect of waiving
technical provisions specifically provided in the Uniform
Codes or of violating accepted engineering practice involving
public safety.
ARTICLE 7-3 BUILDING PERMITS
7-3-1 Issuance of Permits
7-3-2 Record Keeping
7-3-3 Fees-Modification by Resolution
Section 7-3-1 Issuance of Permits
Building permits shall be issued only upon approval of submitted
plans and specifications.
A. With each application
for a building permit, and also when otherwise required by
the Building Official for enforcement of any provision of
this Chapter, two 12) sets of specifications and plans shall
be submitted. The Building Official may, where the complexity
of the plans clearly warrant, require plans and specifications
to be prepared and designed by an engineer or architect licensed
by the State to practice as such. He may further require
that plans for new construction to indicate existing and
finished grade elevations based on Town data with existing
and finished drainage flow patterns in areas subject to flooding.
7-3-2 Building Safety Code 7-7
Sec. 7-3-2 Record Keeping
The Building Official shall keep careful and comprehensive
records of applications for permits, of permits issued, of
inspections made, of reports rendered and of notices or orders
issued. Further, the Building Official shall retain on file
copies of all papers in connection with building work for
such time as may be required by law.
Sec. 7-3-3 Fees-Modification by Resolution
Unless otherwise specifically provided in this chapter, all
fees charged by the Town shall be as computed under the rules
and guidelines set forth in the Uniform Codes adopted pursuant
to this Chapter. However, the Mayor and Council may, from
time to time, adopt or modify any such fees or applicable
rules or regulations by resolution which shall have the full
force and effect of law upon passage and posting.
Article 7-4 Plumbing Code
That certain code entitled “Uniform Plumbing Code”,
1985 Edition, copyrighted by the International Association
of Plumbing and Mechanical Officials, is hereby adopted as
the “Uniform Plumbing Code fo the Town of Superior” and
made a part of this chapter as though said code was specifically
set forth in full herein; and at least three copies of said
code shall be filed in the office of the clerk and kept available
for public use and inspection.
Article 7-5 UNIFORM FIRE CODE
That certain code entitled “Uniform Fire Code”,
1985 Edition, copyrighted by the International Conference
of Building Officials and the Western Fire Chiefs Association
is hereby adopted as the “Fire Code of the Town of
Superior’ and made a part of this chapter as though
said code was specifically set forth in full herein; and
at least three copies of said code shall be filed in the
office of the clerk and kept available for public use and
inspection.
Article 7-6 UNIFORM CODE FOR THE ABATTEMENT OF DANGEROUS
BUILDINGS
That certain code entitled the “Uniform Code for the
Abatement of Dangerous Buildings”, 1985 Edition, copyrighted
by the International Conference of Building Officials, is
hereby adopted as the “Uniform Code for the Abatement
of Dangerous Buildings for the Town of Superior” and
made a part of this chapter as though said code was specifically
set for in full herein; and at least three copies of said
code shall be filed in the office of the clerk and kept available
for public use and inspection.
Article 7-7 BUILDING OFFICIAL
The building official and administrative authority as such
may be referenced in any section of this chapter for all
matters pertaining to any building, plumbing, electrical
or other inspections, shall be vested in the office of the
clerk, provided that the council may authorize such deputies
as may be needed to perform any inspection work or other
functions that may be required by this chapter.
7-7-1 Building Safety Code 7-7-3
Sec. 7-7-1 STATUTORY AUTHORIZATION
Legislature of the State of Arizona has in A.R.S. S 48—3609
enabled the Town to adopt regulations in conformance with
A.R.S. S 48-3604 designated to promote the public health,
safety, and general welfare of its citizenry. Therefore,
the Town Council of the Town of Superior, Arizona does ordain
as follows:
Sec. 7-7-2 FINDINGS OF FACT
A. The flood hazard
areas of Superior are subject to periodic inundation which
may result in loss of life and property, health and safety
hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
B. These flood
losses are caused by the cumulative effect of obstructions
in areas of special flood hazards which increase flood heights
and velocities, and when inadequatel1y anchored, damage uses
in other areas. Uses that are inadequately flood-proofed,
elevated or otherwise protected from flood damage also contribute
to the flood loss.
Sec. 7-7-3 STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public
health, safety, and general welfare, and to minimize public
and private losses due to flood conditions in specific areas
by provisions designed:
A. To protect human
life and health;
B. To minimize
expenditure of public money for costly flood control projects;
C. To minimize
the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D. To minimize
prolonged business interruptions;
E. To minimize
damage to public facilities and utilities such as water and
gas mains, electric, telephone and sewer lines, streets and
bridges located in areas of special flood hazard;
F. To help
maintain a stable tax base by providing for the second use
and development of areas of special flood hazard so as to
minimize future flood blight areas;
G. To insure that
potential buyers are notified that property is in an area
of special flood hazard;
H. To insure that
those who occupy the areas of special flood hazard assume
responsibility for their actions and
I. To
maintain eligibility for State disaster relief.
7-7-4 Building Safety Code 7-7-5
Sec. 7-7-4 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance includes
methods and provisions for:
A. Restricting
or prohibiting uses which are dangerous to health, safety,
and property due to water or erosion hazards, or which result
in damaging increases in erosion or in flood heights or velocities;
B. Requiring that
uses vulnerable to floods, including facilities which serve
such uses, be protected against
flood damage at the time of initial construction;
C. Controlling
the alteration of natural floodplains, stream channels, and
natural protective barriers, which help accommodate or channel
flood waters;
D. Controlling
filling, grading, dredging, and other development which may
increase flood damage; and,
E. Preventing
or regulating the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood
hazards in other areas.
Sec. 7-7-5 DEFINITIONS
Unless specifically defined below, words or phrases used
in this ordinance shall be interpreted so as to give them
the meaning they have in common usage and to give this ordinance
it’s most reasonable application.
1. “Appeal” means
a request for a review of the Floodplain Administrator’s
interpretation of any provision of this ordinance or a request
for a variance.
2. “Area
of shallow flooding” means a designated AD zone on
the Flood Insurance Rate Map (FIRM). The base flood depths,
range from one to three feet; a clearly defined channel does
not exist; the path of flooding is unpredictable and undeterminate;
and, velocity flow may be evident.
3. “Base
flood” means the flood having a one percent chance
of being equaled or exceeded in any given year.
4. “Breakaway
Wall” means a wall that is not part of the structural
support of the building and is intended through its design
and construction to collapse under specific lateral loading
forces, without causing damage to the elevated portion of
the building supporting foundation system.
5. “Critical
Feature” means an integral and readily identifiable
part of a flood protection system without which the flood
protection provided by the entire system would be compromised.
6. “Development” means
any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or
drilling operations located within the area of special flood
hazard.
7. “Financial
Assistance” means any form of loan, grant, guaranty,
insurance, payment, rebate, subsidy, disaster assistance
loan or grant, or any other form of direct or indirect. Federal
assistance, other than general or special revenue sharing
or formula grants made to States.
7-7-5 Building Safety Code 7-7-5
8. “F1ood
or flooding” means a general and temporary condition
of partial or complete inundation of normally dry land areas
from (l) the overflow of flood waters, (2) the unusual and
rapid accumulation of runoff of surface waters from any source,
and/or (3) the collapse or subsidence of land along the shore
of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually
high water level in a natural body of water, accompanied
by a severe storm, or by an unanticipated force of nature,
such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in
flooding as defined in this definition.
9. “Flood
Boundary Floodway Map” means the official map on which
the Federal Insurance Administration has delineated both
the areas of flood hazard and the floodway.
10. “Flood Insurance
Rate Map (FIRM)” means the official map on which the
Insurance Administration has delineated both the areas of
special flood hazards and the risk premium zones applicable
to the community.
11. “Flood Insurance
Study” means the official report provided by the Federal
Insurance Administration that includes flood profiles, the
FIRM, the Flood Boundary Floodway Map, and the water surface
elevation of the base flood.
12. “Floodplain
or flood-prone area” means any land area susceptible
to being inundated by water from any source (see definition
of “flooding”).
13. “Floodplain
administrator” means the Town Manager of the Town of
Superior, who is hereby authorized by the Floodplain Board
to administer the provisions of this ordinance.
14. “Floodplain
Board” means the Board of Directors of the Flood Control
District of Pinal County at such times as they are engaged
in the enforcement of this ordinance.
15. “Floodplain
Board” means the Town Council of the Town of Superior
at such times as they are engaged in the enforcement of this
ordinance.
16. “Floodplain
management” means the operation of an overall program
of corrective and preventive measures for reducing flood
damage, including but not limited to ‘emergency preparedness
plans, flood control works and floodplain management regulations.
17. “Floodplain
management regulations” means zoning ordinances, subdivision
regulations, building codes, health regulations, special
purpose ordinances (such as floodplain ordinance, grading
ordinance and erosion control ordinance) and other applications
of police power. The term describes such state or local regulations
in any combination thereof, which provide standards for the
purpose of flood damage prevention and reduction.
18. “Flood protection
system” means those physical structural works for which
funds have been authorized, appropriated, and expended and
which have been constructed specifically to modify flooding
in order to reduce the extent of the area within a community
subject to a special flood hazard and the extent of the depths
of associated flooding. Such a system typically includes
dams, reservoirs, levees or dikes. These specialized flood
modifying works are those constructed in conformance with
sound engineering standards.
7-7-5 Building Safety Code 7-7-5
19. “Flood proofing” means
any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water
and sanitary facilities, structures and their contents.
20. “Flood-related
erosion” means the collapse or subsidence of land along
the shore of a lake or other body of water as a result of
undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually
high water level in a natural body of water, accompanied
by a severe storm, or by an unanticipated force of nature,
such as a flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in
flooding.
21. ‘Floodway’ means
the channel of a river or other watercourse and the adjacent
land areas necessary in order to discharge the one hundred-year
flood without cumulatively increasing the water surface elevation.
22. “Functionally
dependent use” means a use which cannot perform its
intended purpose unless it is located or carried out in close
proximity to water. The term includes only docking facilities,
port facilities that are necessary for the loading and unloading
of cargo or passengers, and ship building and ship repair
facilities, but does not include long-term storage or related
manufacturing facilities.
23. “Highest adjacent
grade” means the highest natural elevation of the ground
surface prior to construction next to the proposed walls
of a structure.
24. “Levee” means
a man-made structure, usually an earthen embankment, designated
and constructed in accordance with sound engineering practices
to contain, control, or divert the flow of water so as to
provide protection from temporary flooding.
25. “Levee System” means
a flood protection system which consists of a levee, or levees,
and associated -structures, such as closure and drainage
devices, which are constructed and operated in accordance
with sound engineering practices.
26. “Lowest floor” means
the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely
for parking of vehicles, building access or storage in an
area other than a basement area is not considered a building’s
lowest floors provided, that such enclosure is not built
so as to render the structure in violation of the applicable
non-elevation design requirements of this ordinance.
27. “Manufactured
home” means a structure, transportable in one or more
sections, which is built on a permanent chassis and is designed
for use with or without a permanent foundation when connected
to the required utilities. For floodplain management purposes
the term ‘manufactured home’ also includes park
trailers, travel trailers and other similar vehicles, placed
on a site for greater than 180 consecutive days.
28. “Manufactured
home park or subdivision” means a parcel (or contiguous
parcels) of land divided into two or more manufactured home
lots for sale or rent.
29. “Mean sea level” means,
for purposes of the National Insurance Program the, National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to
which base flood elevations shown on a community’s
Flood Insurance Rate Nap are referenced.
7-7-5 Building Safety Code 7-7-5
30. “New construction” means,
for floodplain management purposes, structures for which
the ‘start of construction’: commenced on or
after the effective date of a floodplain management regulation
adopted by a community.
31. “Person” means
an individual or his agent, firm, partnership, association
or corporation, or agent of the aforementioned groups, or
this state or its agencies or political subdivisions.
32. “Program” means
the National Flood Insurance Program authorized by 42 U.S.C.
4001-4128.
33. “Program deficiency” means
a defect in a community’s floodplain management regulations
or administrative procedures that impairs effective implementation
of those floodplain management regulations or of the NFIP
standards.
34. “Regu1atory
flood elevation” means an elevation one foot above
the base flood elevation.
35. “Remedy a Violation” means
to bring the structure or other development into compliance
with State or local floodplain management regulations, or,
if this is not possible, to reduce the impacts of its noncompliance.
Ways that impacts may be reduced include protecting the structure
or other affected development from flood damages, implementing
the enforcement provisions of the ordinance or otherwise
deterring future similar violations, or reducing Federal
financial exposure with regard to the structure or other
development.
36. “Riverine” means
relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
37. “Special flood
hazard area” means an area having special flood or
flood-related erosion hazards, and shown on a FHBM or FIRM
as Zone A. AD, Al-30, AE, A99 or AN.
38. “Start of Construction” includes
substantial improvement, and means the date the building
permit was issued, provided the actual start of construction,
repair, reconstruction, placement, or other improvement was
within 180 days of the permit date. The actual start means
either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns, or
any work beyond the state of excavation; or the placement
of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading
and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary
forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied
as dwelling units or not part of the main structure.
39. Is not in booklet
40. “Structure” means
a walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home.
41. “Substantial
improvement” means any repair, reconstruction, or improvement
of a structure, the cost of which equals or exceeds 50 percent
of the market value of the structure either (a) before the
improvement or repair is started, or (b) if the structure
has been damaged, and is being restored, before the damage
occurred. For the purposes of this definition ‘substantial
improvement’ is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The term
7-7-5 Building Safety Code 7-7-9
does not, however, include either (1) any project for improvement
of a structure to comply with existing state or local health,
sanitary, or safety code ‘specifications which are
solely necessary to. assure safe living conditions or (2)
any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
42. “Variance” means
a grant of relief from the requirements of this ordinance
which permits construction in a manner that would otherwise
be prohibited by this ordinance.
43. “Vio1ation” means
the failure of a structure or other development to be fully
compliant with the community’s floodplain management
regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence
of compliance required in this ordinance is presumed to be
in violation until such time as that documentation is provided.
Sec. 7-7-6 LANDS TO WHICH THIS ORDINIANCE APPLIES
This ordinance shall apply to all areas of special flood
hazards within the corporate limits of the Town of Superior.
Sec. 7-7-7 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FL00D
HAZARD
The area of special flood hazard identified by the Federal
Insurance Administration (P’IA) in a scientific and
engineering report entitled “The Flood Insurance Study
for the Town of Superior’ with an accompanying Flood
Insurance Rate Map is hereby adopted by reference and declared
to be a part of this ordinance. The Flood Insurance Study
is on file at the Town Hall, 734 Main Street, Superior, Arizona.
The Flood Insurance Study is the minimum area of applicability
of this ordinance and may be supplemented by studies for
other areas which allow implementation of this ordinance
and which are recommended to the Floodplain Board by the
Floodplain Administrator.
Sec. 7-7-8 COMPLIANCE
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with
the terms of this ordinance and other applicable regulations.
Sec. 7-7-9 ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions.
However, where this ordinance and another ordinance, easement,
covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
7-7-10 Building Safety Code 7-7-15
Sec. 7-7-10 INTERPRETATION
In the interpretation and application of this ordinance,
all provisions shall be:
A. Considered as
minimum requirements;
B. Liberally construed
in favor of the governing body and,
C. Deemed neither
to limit nor repeal any other powers granted under state
statutes.
Sec. 7-7-11 WARNING AND DISCLAIMER 0F LIABILITY
The degree of flood protection required by this ordinance
is considered reasonable for regulatory purposes and is based
on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This ordinance does
not imply that land outside the areas of special flood hazards
or uses permitted within such areas will be free from flooding
or flood damages. This ordinance shall not create liability
on the part of the Town of Superior, any officer or employee
thereof, or the Federal Insurance Administration, for any
flood damages that result from reliance on this ordi4ance
or any administrative decision lawfully made there-under.
Sec. 7-7-12 STATUTORY EXEMPTIONS
A. In accordance
with A.R.S~ S 48—3609, nothing in this ordinance shall:
1. Affect
existing uses of property or the right to continuation of
the use under conditions which existed on the effective date
of this ordinance.
2. Affect
repair or alteration of property for the purposes for which
such property was used on the effective date of this ordinance;
providing such repair or alteration does not exceed 50 percent
of the value of the property prior to the repair or alteration;
and provided the repair or alteration does not decrease the
carrying capacity of the watercourse.
3. Affect
or apply to facilities constructed or installed pursuant
to a certificate of environmental compatibility issued under
the authority of Title 40, Chapter 2, Article 6.2.
B. In accordance
with A.R.S. S 48a36l3, written authorization shall not be
required, nor shall the section 1316 of the National Flood
Insurance Act of 1968 as amended.
Sec. 7-7-15 UNLAWFUL ACTS
A. It is unlawful
for any person to divert, retard or obstruct the flow of
waters in any watercourse whenever it creates a hazard to
life or property without securing the written authorization
of the Floodplain Board.
B. Any person violating
the provisions of this section shall be guilty of a class
2 misdemeanor.
7-7-16 Building Safety Code 7-7-18
Sec. 7-7-16 SEVERABILITY
This ordnance and the various parts thereof are hereby declared
to be severable. Should any section of this ordinance be
declared by the courts to be unconstitutional or invalid,
such decision shall not affect the validity of the ordinance
as a whole, or any portion thereof other than the section
so declared to be unconstitutional or invalid.
Sec. 7-7-17 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before construction
or development begins within any area of special flood hazard
established in Section 3.2. Application for Development Permit
shall be made on forms furnished by the Floodplain Administrator
and may include, but not be limited to: plans in duplicate
drawn to scale showing the nature, location, dimensions,
and elevation of the area in question; existing or proposed
structures, fill, storage of materials, drainage facilities:
and~ the location of the foregoing. Specifically, the following
information is required:
A. Proposed elevation
in relation to mean sea level, of the lowest habitable floor
(including basement) of all structures, in Zone AO, elevation
of existing grade and proposed elevation of lowest habitable
floor of all structures.
B. Proposed elevation
in relation to mean sea level to which any structure will
be flood-proofed;
C. Certification
by a registered professional engineer or architect that the
flood-proofing methods for any nonresidential structure meet
the flood-proofing criteria in Section 5.l.C.3; and,
D. Description
of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
Sec. 7-7-18 DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR
Duties of the Floodplain Administrator shall include, but
not be limited to:
A. Review all development
permits to determine that:
1. The permit
requirements of this ordinance have been satisfied;
2. All other
required state and federal permits have been obtained;
3. The site
is reasonably safe from flooding.
4. The proposed
development does not adversely affect the carrying capacity
of the floodway. For purposes of this ordinance, “adversely
affects” means that the cumulative effect of the proposed
development when combined with all other existing and anticipated
development will not increase the water surface elevation
of the base flood more than one foot any point.
B. Use of Other
Base Flood Data. When base flood elevation data has not been
provided in accordance with Section 3.2, the floodplain Administrator
shall obtain, review, and reasonably utilize any base flood
7-7-18 Building Safety Code 7-7-18
elevation data available from a Federal, State or other source,
in order to administer Section 5.0. Any such information
shall be submitted to the floodplain Board for adoption.
C. Obtain and maintain
for public inspection and make available as needed for Flood
Insurance Policies:
1. The certified
elevation required in Section 5.l.C.l;
2. The certification
required in Section 5.l.C.2;
3. The flood-proofing
certification required in Section 5.l.C.3; and
4. The certified
elevation required in Section 54.B.
D. Whenever a watercourse is to be altered or relocated:
1. Notify
adjacent communities and the Arizona Department of Water
Resources prior to such alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Insurance
Administration;
2. Require
that the flood carrying capacity of the altered or relocated
portion of said watercourse is maintained.
E. Within one
hundred twenty days after completion of construction of any
flood control protective works which changes the rate of
flow during the flood or the configuration of the floodplain
upstream or downstream from or adjacent to the project, the
person or agency responsible for installation of the project
shall provide to the governing bodies of all jurisdictions
affected by the project a new delineation of all floodplains
affected by the project. The new delineation shall be done
according to the criteria adopted by the director of water
resources.
F. Advise
the Flood Control District of Pinal County and any adjunct
jurisdiction having responsibility for floodplain management
in writing and provide a copy of development, plan of all
applications for floodplain use permits or variances to develop
land in a floodplain or floodway within one mile of the corporate
limits of the Town of Superior. Also, advise the Flood Control
District of Pinal County in writing and provide a copy of
any development plan of any major development proposed within
a floodplain or floodway which could affect floodplains,
floodways or watercourses within the District’s area
of jurisdiction. Written notice and a copy of the plan of
development shall be sent to the District no later than three
working days after having been received by the District.
G. Make interpretations
where needed, as to the exact location of the boundaries
of the areas of special flood hazards (for example, where
there appears to be a conflict between a mapped boundary
and actual field conditions). The person contesting the location
of the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in Section 6.0.
H. Take actions
on violations of this ordinance as required in Section 39
herein.
7-7-19 Building Safety Code 7-7-19
Sec. 7-7-19 STANDARDS OF CONSTRUCTION
A. Anchoring
1. All new
construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the
structure.
2. All manufactured
homes shall meet the anchoring standards of Section 5.5.A.
B. Construction
Materials and Methods
1. All new
construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
2. All new
construction and substantial improvements shall be ‘constructed
using methods and practices that minimize flood damage.
C. Elevation and
Flood-proofing
1. New construction and substantial improvement of any structure
shall have the lowest floor, including basement, elevated
to or above the regulatory flood elevation. Nonresidential
structures may meet the standards in Section 5.l.C.3. Upon
the completion of the structure and elevation of the lowest
floor including basement shall be certified by a registered
professional engineer or surveyor and provided to the Flood-plain
Administrator.
2. New construction
and substantial improvement of any structure in Zone AO shall
have the lowest floor, including basement, higher than the
highest adjacent grade at least one foot higher than the
depth number on the FIRM, or at least two feet if no depth
number is specified. Nonresidential structures may meet the
standards in Section 5.l.C. Upon completion of-the structure
a registered professional engineer shall certify to the Floodplain
Administrator that the elevation of the structure meets this
standard.
3. Nonresidential
construction shall either be elevated in conformance with
Section 5.l.C.1. or 2. or together with attendant utility
and sanitary facilities:
a. Be flood-proofed
so that below the regulatory flood level the structure is
watertight with walls substantially impermeable to the passage
of water;
b. Have structural
components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
c. Be certified
by a registered professional engineer of architect that the
standards of this subsection are satisfied. Such certifications
shall be provided to the Floodplain Administrator.
4. Require,
for all new construction and substantial improvements, that
fully enclosed areas below the lowest floor that are subject
to flooding shall be designed, to automatically equalize
hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional
engineer or architect to meet or exceed
7-7-19 Building Safety Code 7-7-22
the following minimum criteria: A minimum of two openings
have a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall
be provided. The bottom of
all openings shall be no higher than one foot above grade.
Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
5. Manufactured
homes shall meet the above standards and also the standards
in Section 5.5.
Sec. 7-7-20 STANDARDS FOR STORAGE 0F MATERIALS AND EQUIPMENT
A. The storage
or processing of materials that are in time of flooding buoyant,
flammable, explosive, or could be injurious to human, animal
or plant life is prohibited.
B. Storage of other
materials or equipment may be allowed if not subject to major
damage by floods and if firmly anchored to prevent flotation
or if readily removable from the area within the time available
after flood warning.
Sec. 7-7-21 STANDARDS FOR UTILITIES
A. All new and
replacement water supply and sanitary sewage systems shall,
be designed to minimize or eliminate infiltration of flood
waters into the system and discharge from systems into flood
waters.
B. On-site waste
disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
C. Waste disposal
systems shall not be installed wholly or partially in a floodway.
Sec. 7-7-22 STANDARDS FOR SUBDIVISIONS
A. All preliminary
subdivision proposals shall identify the flood hazard area
and the elevation of the base flood.
B. All final subdivision
plans will provide the elevation of proposed structure(s)
and pads. if the site is filled above the base flood, the
final pad elevation shall be certified by a registered professional
engineer or surveyor and provided to the Floodplain Administrator.
C. All subdivision
proposals shall be consistent with the need to minimize flood
damage. All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water systems
located and constructed to minimize flood damage. All subdivisions
shall provide adequate drainage to reduce exposure to flood
hazards.
7-7-23 Building Safety Code 7-7-25
Sec. 7-7-23 STANDARDS OF MANUFACTURED HOMES
All new and replacement manufactured homes and additions
to manufactured homes shall:
A. Be elevated
so that the bottom of the structural frame or the lowest
point of any attached ‘appliances, whichever is lower,
is at the regulatory flood elevation; and
B. Be securely
anchored to an adequately anchored foundation system to resist
flotation, collapse or lateral movement.
Sec. 7-7-24 FLOODWAYS
Located within the areas of special flood hazard established
in Section 3.2 are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity
of flood waters which carry debris, potential projectiles,
and erosion potential, the following provisions apply:
A. Prohibit encroachments,
including fill, new construction, substantial improvements,
and other development unless certification by a registered
professional engineer or architect is provided demonstrating
that encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge.
B. If Sections
5.6-1 and 5.6-2 are satisfied, all new construction and substantial
improvements shall comply with all other applicable flood
hazard reduction provisions of Section 5.
Sec. 7-7-25 APPEAL BOARD
A. The Floodplain
Board of the Town of Superior shall hear and decide appeals
and requests for variances from the requirements of this
ordinance.
B. The Floodplain
Board shall hear and decide appeals when it is alleged there
is an error in any requirement, decision, or determination
made by the Floodplain Administrator in the enforcement or
administration of this ordinance.
C. In passing upon
such applications, the Floodplain Board shall consider all
technical evaluations, all relevant factors, standards specified
in other sections of this ordinance, and:
1. The danger
that materials may be swept onto other lands to the injury
of others;
2. The danger
of life and property due to flooding or erosion damage;
3. The susceptibility
of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
4. The importance
of the services provided by the proposed facility to the
community;
5. The necessity
to the facility of a waterfront location, where applicable;
7-7-25 Building Safety Code 7-7-26
6. The availability
of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
7. The compatibility
of the proposed use with existing and anticipated development;
8. The relationship
of the proposed use comprehensive plan and floodplain management
for that area;
9. The safety
of access to the property in flood for ordinary and emergency
vehicles;
10. The expected heights,
velocity, duration, rate of rise, and sediment transport
of the flood waters expected at, the site; and,
11. The costs of providing
governmental services during the after flood conditions,
including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water system,
and streets and bridges.
D. Generally, variances
may be issued for new construction and substantial improvements
to be erected on a lot of one-half acre or less in size contiguous
to and surrounded by lots with existing structures constructed
below the base flood level, providing items 6.l.D.l. through
11 have been fully considered. As the lot size increases
beyond one-half acre, the technical justification required
for issuing the variance increases.
E. Upon consideration
of the factors of Section 6.1-4 and the purposes of this
ordinance, the Floodplain Board may attach such conditions
to the granting of variances as it deems necessary to further
the purposes of this ordinance.
F. The Flood-plain
Administrator shall maintain the records of all appeal actions
and report any variances to the Federal Insurance Administration
upon request.
Sec. 7-7-26 CONDITIONS FOR VARIANCES
A. Variances may
be issued for the reconstruction, rehabilitation or restoration
of structures listed in the National Register of. Historic
Places or the State Inventory of Historic Places, without
regard to the procedures set forth in the remainder of this
section.
B. Variances shall
not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
C. Variances shall
only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford
relief.
D. Variances shall
only be issued upon;
1. A showing
of good and sufficient cause;
2. A determination
that failure to grant the variance would result in exceptional
hardship to the applicant; and
7-7-26 Building Safety Code 7-7-26
3. A determination
that the granting of variance will not result in increased
flood heights, additional threats to public safety, extraordinary
public expense; create nuisances, cause fraud on or victimization
of, the public, or conflict with existing local laws or ordinances.
E. Any applicant
to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with a lowest
floor elevation below the regulatory flood elevation and
that the cost of flood insurance will be commensurate with
the increased risk resulting from the reduced lowest floor
elevation. Such notice will also state that the land upon
which the variance is granted shall be ineligible for exchange
of State land pursuant to the flood relocation and land exchange
program provided for by A.R.S. Title
26, Chapter 2, Article 2. A copy of the notice shall be recorded
by the Floodplain Board in the office of the Pinal County
Recorder and shall be recorded in a manner so that it appears
in the chain of title of the affected parcel of land.
Chapter 8 Business
CHAPTER 8 BUSINESS
ARTICLE 8-1 PEDDLERS
8-1-1 Registration required
8-1-2 Application to Police Chief
8-1-3 Issuance of Registration Cards
8-1-4 Revocation of Registration Cards
8-1-5 Pedaling without Registration Cards Prohibited
8-1-6 Permission Required for Selling on Streets
or Sidewalks
8-4-7 Signs to be Observed
8-1-8 Exemptions
8-1-9 Fees
Sec. 8-1-1 Registration Required
Any person operating as a solicitor, peddler, hawker, salesman
or vendor of goods, wares, merchandise, newspapers, magazines
or services, who goes from house to house, or to only one
house, in the town shall register with the police department
and obtain an identification card showing such registration.
Sec. 8-1-2 Application to Police Chief
A. Applicants for
police registration under the terms of Section 8-1-1 shall
be required to furnish two satisfactory photographs of the
applicant, one to be attached to the applicant’s registration
card and the other to be retained by the police department.
The chief of police may require the applicant to file his
fingerprint identification with the police department.
B. Such applicants
for police registration shall be required to furnish to the
police department a complete description of the product to
be sold in the town, together with information regarding
sales methods to be used and references that will enable
the chief of police to determine whether or not such applicant
is qualified to receive a registration card as provided in
Section 8-1-3. Investigation by the chief of police under
the provisions of this article shall be completed within
fifteen days after the applicant has provided the required
information.
Sec. 8-1-3 Issuance of Registration Cards
Registration cards under this article shall be given without
charge to all applicants who have complied with Section 8-1-2,
unless the chief of police determines in his discretion that
such applicant is not a proper person to be permitted to
go from house to house because of any of the following reasons:
(1) he has a /criminal record,
(2) he is associated with a company that has engaged in fraudulent
dealings, or
(3) the proposed sales proposition includes some element
of trickery, fraud or deceit, in which case, in the interest
of public safety and protection, the applicant shall not
be registered.
Sec. 8-1-4 Revocation of Registration Cards
Registration cards under this article may be revoked by the
town at any time if deemed necessary in the interest of public
safety and protection.
8-1-5 Business 8-1-9
Sec. 8-1-5 Peddling Without Registration Cards Prohibited
It is unlawful for any person to take part in the act of soliciting,
peddling, hawking, selling or vending of goods, wares, merchandise,
newspaper, magazines or services from house to house or to
only one house in the town without having registered with
the police department and obtained a registration card; without
having such card in his possession; or failing to exhibit
such card when request is made for the registration card
by any resident of the town.
Sec. 8-1-6 Registration Required for Selling on Streets or
Sidewalks
It is unlawful for any person to erect or maintain any booth,
stand or counter on any sidewalk in the town for the purpose
of barter, sale or trade or to keep or maintain upon the
streets or alleys any wagon, cart, vehicle, movable booth
or stand for the purpose of barter or trade without first
obtaining a registration card under the provisions of this
Chapter.
Sec. 8-1-7 Signs to be Observed
It is unlawful for any peddler, solicitor or canvasser in
the course of his business to ring the doorbell or knock
at any building whereon a sign bearing the words “no
peddlers, solicitors or canvassers” is exposed to public
view.
Sec. 8-1-8 Exemptions
A. Newsboys are
exempt from the provisions of this article for the sale and
delivery of newspaper subscriptions.
B. Nonprofit, charitable
or religious organizations may apply to the council for an
exemption from this article.
Sec. 8-1-9 Business fees Required
The registration card required under this Article is not
a substitute for the business license required in Article
6-2 of this chapter.
8-2 Business 8-2-3
ARTICLE 8-2 BUSINESS LICENSE TAX
8-2-1 License Required
8-2-2 Issuance of License
8-2-3 Payment
8-2-4 Posting of License
8-2-5 Exhibition of License Required
8-2-6 License Not Transferable
8-2-7 Exemption
8-2-8 Business License Fees
Sec. 8-2-1 License Required
A. It is unlawful
for any person to carry on any trade, calling, profession,
occupation or business in this town without having procured
a license from the Town of Superior and complying with any
and all regulations of such trade, calling, profession, business
or occupation specified in this article.
B. Those persons
who are required to obtain a registration card under the
provisions of Article 8-2 shall also be required to obtain
a business license under this Article prior to conducting
any business.
Sec. 8-2-2 Issuance of License
A. It shall be
the duty of the clerk to prepare and to issue a license under
this article for every person, firm, company or corporation
liable to pay a license hereunder and to state in each license
the amount thereof, the period of time covered, the name
of the person, firm or corporation for whom issued, the trade,
calling, profession, occupation or business licensed and
the location or place of business of said trade, calling,
profession, occupation or business.
B. In no case shall
any mistake of the clerk in stating the amount or term of
a license prevent or prejudice the collection for the town
of what shall be actually due from anyone carrying on a trade,
calling, profession, occupation or business, subject to license
under this article.
Sec. 8-2-3 Payment
A. All business
license taxes shall be paid in advance at the office of the
clerk or in such a manner as may be specified by the clerk.
For those persons, firms, company or corporations liable
for such tax and continuing in business on June 30th, the
payment of the annual license tax is due on or before the
30th day of June of each year. Those commencing a covered
business activity, occupation, profession, trade or calling
between June 30th and July 1st of the next succeeding year
shall be required to pay the annual license fee before the
first day of conducting business.
B. A separate license
must be obtained for each branch establishment or separate
place of business in which any trade, calling, profession,
occupation or business is carried on. Each license shall
authorize the person obtaining such license to carry on,
pursue or conduct only that trade, calling, profession, occupation
or business described in such license and only at the location
or place of business which is indicated.
8-2-3 Business 8-2-7
C. If any one person
is engaged in more than one business in the same location
for which license fees are provided in this article, he shall
pay the highest fee which is established for any of the businesses
in which be is engaged at such location.
D. In addition
to all other possible penalties for violation of this code,
any person who fails to obtain a required license in a timely
manner shall also pay a penalty of ten (10%) per cent of
the license fee, which shall be in addition to the regular
fee for such business.
Sec. 8-2-4 Posting of License
A. Every person,
firm, company or corporation having a license under the provisions
of this article and carrying on a trade, calling, profession,
occupation or business at a fixed place of business shall
keep such license posted and exhibited, while in force, in
some conspicuous part of the place of business.
B. Every person
having such a license and not having a fixed place of business
shall carry such license with him at all times while carrying
on that trade, calling, profession, occupation or business
for which the same was granted.
C. Every person,
firm, company or corporation having a license under the provisions
of this article shall produce and exhibit the same when applying
for a renewal thereof and whenever requested to do so by
any police officer or by any other officer authorized to
issue, inspect or collect licenses.
Sec. 8-2-5 Exhibition Of License Required
A. The chief of
police shall have and exercise the power to make arrests
and to cause complaints to be filed against all persons violating
the provisions of this article.
B. The chief of
police or any duly authorized official shill have the power
to enter free of charge at any time any place of business
for which a license is required by this article, and to demand
the exhibition of such license for the current term, from
any person engaged or employed in the transaction of any
such business. It is unlawful for such person to fail to
exhibit such license when requested to do so.
Sec. 8-2-6 License Not Transferable
No license granted or issued under the provisions of this
article shall be in any manner assignable or transferable
to any other person, firm, company or corporation, other
than is therein mentioned or named, without permission from
the council.
Sec. 8-2-7 Exemptions
A. Any person who
has been a bona fide resident of the Town of Superior for
a period of six months continuously who wishes to sell any
form of agricultural product within the town produced, by
himself shall be exempt from paying any license tax under
this article for the privilege of selling such products only.
Before receiving the exemption, an affidavit of the facts
entitling the seller to an exemption must be filed with the
clerk.
8-2-7 Business 8-3
B. Any nonprofit,
charitable or religious organization may apply to the council
for an exemption from this article.
Sec. 8-2-8 Business License Fees
A. Unless otherwise
specified in this section, all businesses, occupations, professions,
trades or callings shall, pay a license tax of Forty ($40.00)
Dollars for any year or part thereof that said business,
occupation, profession, trade or calling is carried on.
B. Any fortuneteller
or palmist shall pay a daily license fee of twenty-five dollars
($25).
C. For any year
or part thereof that any person holds a liquor license, he
shall pay the following license tax:
1. #6 or
#9 Liquor License - Ninety
($90.00) Dollars for any full or part year said license is
held.
2. #7 or
#10 Liquor License - Seventy
Five ($75.00) Dollars for any full or part year said license
is held.
3. #8 or
#11 or any other Liquor License - Fifty
($50.00) Dollars for any full or part year said license is
held.
D. Any solicitor,
peddler, hawker, salesman or vendor with no established place
of business or operation within the town shall pay a daily
license fee of fifteen dollars.
ARTICLE 3
Transaction Privilege Tax
Transaction Privilege Tax replaced by Model Tax Code by Ordinance
No. 27 on the 2nd day of July, 1987.
8-3 Business 8-3-1
Article 8-3 TRANSACTION PRIVILEGE TAX
8-3-1 Definitions
8-3-2 Permit Requirements
8-3-3 Imposition of Tax - Tax Schedule
8-3-4 Exemptions
8-3-5 Administration and Procedures
8-3-6 Assessment and Appeal
8-3-7 Violations
Sec. 8-3-1 Definitions
In this article unless the context requires otherwise:
A. “Assembler” means
a person who unites or combines products, wares or articles
of manufacture so as to produce a change in form or substance
without changing or altering the component parts. This definition
shall not be interpreted to include activities listed in
paragraphs 2, 3, 4, 5, 8 and 9 of Section 8-3-3 (A) of this
article.
B. “Auditor” means
any town employee or agent authorized by the tax collector
to audit records of a person subject to the tax specified
by this chapter and may include an employee of another city
or town.
C. “Business” includes
all activities or acts, personal or corporate, engaged in
and caused to be engaged in with the object of gain, benefit
or advantage, either direct or indirect, but not casual activities
or sales.
D. “Contracting” means
engaging in business as a contractor.
E. “Contractor” means
a person who, for either a fixed sum, price fee, percentage,
bonus or other compensation other than actual wages, undertakes
to or offers to undertake to, or purports to have capacity
to undertake to, or submits a bid to, or does himself or
by or through others, construct, alter, repair, add to, subtract
from, improve, move, wreck or demolish any building, highway,
road, railroad excavation or other structure, project, development
or improvement, or to do any part thereof, including the
erection of scaffolding or other structures or works in connection
therewith. The term “contractor” includes sub°©contractors,
specialty contractors, developers and speculative builders.
F. “Engaging” when used with reference to engaging
or continuing in business, means the exercise of corporate
or franchise powers.
G. “Gross income” means
the gross receipts of a taxpayer derived from trade, business,
commerce or sales and the value of proceedings or accruing
from the sale of tangible personal property or service, or
both, and without any deduction on account of losses.
H. “Cross
proceeds of sales” means the value proceeding or accruing
from the sale of tangible personal property without any deduction
on account of the cost of property sold, expenses of any
kind, or losses, but cash discounts allowed and taken on
sales shall not be included as gross income; “gross
income” or “gross proceeds of sale” shall
not be construed to include goods, wares or merchandise,
or value thereof, returned by customers when the sale price
is refunded either in cash or by credit, sold, if and when
the full sale price of the new article is included in the “gross
income” or “gross proceeds of sales”, as
the case may be.
8-3-1 Business 8-3-1
I. “Cross
receipts” means the total amount of sale, lease or
rental price, as the case may be, of the retail sale of retailers,
including any services that are a part of the sales, valued
in money, whether received in money or otherwise, including
all receipts, cash, credits and property of every kind or
nature, and any amount for which credit is allowed by the
seller to the purchaser, without any deduction there °©from
on account of the cost of the property sold, materials used,
labor service performed, interest paid, losses or any other
expense. The term does not include cash discounts allowed
and taken or the sale price of property returned by customers,
when the full sale price thereof is refunded either in cash
or by credits
J. “Hotel” means
any public or private hotel, inn, hostelry, tourist home
or house, motel, rooming house, apartment house, trailer
or other lodging place within the Town of Superior, offering
Lodging, wherein the owner and operator thereof, for compensation,
furnishes lodging to any transient, except foster homes,
rest homes, sheltered care homes, nursing homes or hospital.
K. “Lodging” and “lodging
space” means the use or possession, or the right to
the use or possession, of any room or apartment in a hotel,
or the right to the use or possession of furnishings or to
the services and accommodations accompanying the use and
possession of the room, including storage or parking space
for the property of a transient.
L. “Manufacturer” means
a person who is principally engaged in the fabrication, production
or manufacture of products, wares or articles for use from
raw or prepared materials, imparting to such materials new
forms, qualities, properties or combinations. This definition
shall not be interpreted to include activities listed in
paragraphs 2, 3, 4, 5, 8 and 9 of Section 8-3-3 (A) of this
code.
M. “Modifier” means
a person who reworks, changes or adds to a product, wares
or articles of manufacture. This definition shall not be
interpreted to include activities listed in paragraphs 2,
3, 4, 5, 8 and 9 of Section 8-3-3 (A) of this code.
N. “Notice” means
a written instrument served by the town as follows, with
time commencing from date of mailing, serving, filing or
recording:
1. By registered
or certified mail to the last known address of the person
to whom it is required to be given; or
2. By personal
service upon the person or his lawful repre°©sentative;
or
3. By filing
or recording with a clerk of the superior court or a county
recorder.
O. “Owner-builder” means
a person who owns or leases real property within the town
acting as a contractor in constructing any improvement upon
the real property which real property as improved is held
by such person for his use or for rental purposes. An owner-builder
who sells such real property as improved at any time on or
before the expiration of twenty-four months after an occupancy
permit for such improvement is issued, or if no permit is
issued, within twenty-four months after final inspection
of the improvement or when the improve°©ment is
completed1 whichever is later, shall be treated as a “prime
contractor’ for purposes of this article. For purposes
of this definition, a “sale” of real property
as improved includes any form of transaction whether characterized
as a lease or otherwise which in substance is a sale and
includes any lease of the improvement for a term of thirty
years or more with all options for renewal being included
as a part of the terra.
P. “Permanent
resident” means any person who, as of a given date,
has occupied lodging space or has paid or become obligated
to pay for the right to occupy Lodging space, in a particular
hotel for the thirty consecutive days next preceding such
date, or has signed and performs under a lease.
8-3 Business 8-3-1
Q. “Person” or “company” herein
used interchangeable, means an individual, officer, agent,
firm, partnership, joint venture, association, corporation,
estate, trust or any other group or combination acting as
a unit, and the plural as well as the singular number, unless
the intent to give a more limited meaning is clearly intended
by the context.
R. “Prime
contractor” means a contractor which the owner or lessee
of the real property being improved treats as being responsible
for administration, construction and completion of the improvement.
For purposes of this definition, a person who, for either
a fixed sum, price, fee, percentage, bonus or other compensation
other than actual wages, under°©takes to or offers
to undertake to, or submits a bid to, or does himself or
by or through others, supervises the construction of the
improvement, or coordinates the construction of the improvement,
or both, is a prime contractor, unless such supervisor or
coordinator demon°©strates, to the town’s
satisfaction, that another contractor is, in fact, the prime
contractor for the improvement; provided, a person acting
on behalf of an owner-builder rendering consulting services
shall not be regarded as a prime contractor if:
1. Such person
does not guarantee a maximum price for the improvement to
the owner-builder;
2. Such person
does not contract with contractors constructing the improvement;
and
3. Such person
is not responsible to the owner-builder for the administration,
construction and completion of the improvement.
S. “Repairer” means
a person who restores or renews products, wares or articles
of manufacture. This definition shall not be interpreted
to include activities listed in paragraphs 2, 3, 4, 5, 8
and 9 of Section 8-3-3 (A) of this article.
T. “Retailer” means
every person engaged in the business of making sales at retail,
and when in the opinion of the tax collector it is necessary
for the efficient administration of this article, includes
dealers, distributors, supervisors and employers, and salesmen,
representatives, peddlers or canvassers as the agents of
such dealers, distributors, supervisors or employers under
whom they operate or from whom they obtain the tangible personal
property sold by them, whether in making sales on their own
behalf or on the behalf of such dealers, distributors, supervisor
or employers.
U. “Retail
sale” or “sale at retail” means a sale
for any purpose other than for resale in the form of tangible
personal Property but the expressions of “transfer
of possession”, “lease’ and “rental” as
used in the definition of “sale”, mean only such
transactions as are found upon investigation to be in lieu
of sales as defined without the words “lease” or “rental”.
V. “Room
rental” means the total charge, exclusive of all federal,
state and municipal taxes, made by any hotel for lodging
or lodging space furnished any transient. If the charge made
by such hotel to such transient includes any charge for services
or accommodations in addition to that of lodging, or the
use of lodging space, then such portion of the total charge
as represents only room or lodging space rental shall be
distinctly set out and billed to such transient by such hotel
as a separate item.
W. “Sale” means
any transfer of title or possession, or both, exchange, barter,
lease or rental, conditional or otherwise, in any manner
or by any means whatsoever, or tangible personal property,
for a consideration or any agreement therefore, and includes,
but is not limited to:
1. Any transaction
whereby the possession of property is transferred, but the
seller retains a security interest for the payment of the
purchase price.
8-3-1 Business 8-3-2
2. The fabrication
of tangible personal property for consumers who furnish either
directly or indirectly the materials used in the fabrication
work, where such fabrication is customarily included in the
sale price of similar tangible personal property sold to
consumers.
3. The furnishing,
preparing or serving for a consideration of any tangible
personal property consumed on the premises of the person
furnishing, preparing or serving such tangible personal property.
X. “Stock” means
the goods and wares of a person kept for sale and traffic,
and for the purpose of this article shall include, but not
be limited to all tangible personal property specially ordered
for any customer, if for any reason such specially ordered
property is brought into the town prior to completion of
the sale.
Y. “Tangible
personal property” means personal property which nay
be seen, weighed, measured, felt, touched or is in any other
manner perceptible to the senses.
Z. “Tax
collector” means the common council of the town or
its authorized agent.
AA. “Taxpayer” means
any person Liable for any tax imposed by this article.
BB. “Transient” means
any person who, for any period of not more than thirty days,
either at his own expense or at the expense of another, obtains
Lodging or the use of any Lodging space in any hotel for
which lodging or use of lodging space a charge is made.
CC. “Wholesaler” or “jobber” means
any person who sells tangible personal property for resale
by a licensed retailer and does not sell tangible personal
property for consumption by the purchaser. When a person
normally selling for resale makes any sale at retail or for
consumption by the purchaser, such person is defined as a “retailer’ for
purposes of this article.
Sec. 8-3-2 Permit Requirements
A. Every person
having a gross proceeds of sales or gross income upon which
a privilege tax is imposed by this article desiring to engage
in or a continue in business activities within the town shall
make application to the tax collector for a transaction privilege
permit, accompanied by a fee of two dollars, and no person
shall engage in business or continue in business within the
town until he shall have such a permit. This fee shall become
effective for all new permits at the start of the day on
which this article becomes effective. Previously existing
privilege licenses shall be considered to be transaction
privilege permits for the purposes of this article.
B. Application
for privilege permits required under this article shall be
made upon forms prescribed by the tax collector.
C. It shall be
a condition precedent to issuance of a permit that all provisions
of this code, ordinances, regulations and requirements affecting
the public peace, health and safety be complied with in total.
D. The privilege
permit required by Section 8-3-2 (A) shall be good so Long
as all returns and tax payments are made as required by this
article.
E. Upon the
failure of any person to pay the required tax, penalty and
interest within a period of thirty days after it becomes
due, the tax collector may give such person notice of intent
to cancel the privilege permit. If the person so notified
requests a hearing within ten days from notice, he shall
be granted a hearing before the tax
8-3-2 Business 8-3-3
collector. Upon a finding by the tax collector that tax,
penalty and interest is unpaid and has remained unpaid at
Least thirty days, or if no request for hearing has been
received within ten days after notifica°©tion as
herein provided, the privilege permit shall be cancelled
and such permit shall not be reissued until all such taxes,
penalty and interest due shall have been paid.
F. Any person
whose privilege permit has been cancelled shall be required
to pay a fee of twenty-five dollars for each reissue of a
permit and such permit shall not be reissued until all taxes,
penalties and interest have been paid. The tax collector
may, at his discretion, reissue under the previous permit
number or issue a new permit.
G. A person engaged
in or conducting taxable business in two or more established
locations within the town shall be required to obtain a separate
permit for each Location, except that for the business of
leasing or renting the use or occupancy of real property,
only one application for such property within the town shall
be required; however, the applicant shall be required to
list all such property by street address or other satisfactory
identification and shall notify the tax collector within
ten days after sale or acquisition of any such real property,
clearly identified by location in such instance.
H. At the time
a taxable business is sold, or when any other ownership change
occurs, a new privilege permit shall be obtained for each
permit effective at the time of such change.
I. Any
person holding a privilege permit shall be required to notify
the tax collector of any change in either mailing address
or location within fifteen days after such change occurs.
A fee of one dollar shall be required whenever any change
in location of a business within the town occurs.
J. The permit
prescribed in Section 8-3-2 (A) shall be nontrans°©ferable
and shall be displayed in some conspicuous part of the applicant’s
place of business.
Sec. 8-3-3 Imposition of Tax – Tax Schedule
There is hereby levied and shall be collected by the tax
collector for the purpose of raising revenue to be used in
defraying the necessary expenses of the town, privilege taxes
measured by the amounts or volume of business transacted
by persons on account of their business activities, and in
the amounts to be determined by the application of rates
against values, gross proceeds of or gross income, as the
case may be, in accordance with the following schedule:
A. Percentage of
tax and business Liable to taxation. An amount equal to one
percent or the gross proceeds of sale or gross income from
the business upon every person engaging in or continuing
within the town in the following businesses:
1. Transporting
for hire persons or property by any means of transportation,
from a point within the town to another point within the
town or from a point within the town to another point within
the State of Arizona; provided, that the levy shall not apply
to common or contract carriers paying a tax under the provisions
of Arizona Revised Statutes Section 40-641.
2. Mining,
quarrying, smelting or producing for sale, profit or commercial
use, any oil, natural gas, limestone, sand, gravel, copper,
gold, silver or other mineral product, compound or combination
of mineral products, or felling, producing or preparing timber
or any produce of the forest for sale, profit or commercial
use. In computing the tax, the price shall he reduced by
the actual freight paid by any person
8-3-3 Business 8-3-3
from the place of production to the place of delivery when
the freight is included in the sale prices of the products.
3. Producing
and furnishing, or furnishing to consumers, electricity,
electric lights, current, power or gas, natural or artificial,
and water.
4. Transmitting
local or long distance messages or conver°©sations
by telephone, or messages by telegraph, from a point within
the town to another point within the State of Arizona, including
gross income derived from tolls, subscriptions and services
on behalf of subscribers, or by publication of a directory
of the names of subscribers.
5. Operating
a pipe Line for transporting oil, or natural or artificial
gas, through pipes or conduits from a point within the town
to another point in the town or in the state.
6. Operating
private railroad car lines, as they are defined in Title
42, Chapter 4, Article 3, Arizona Revised Statutes, from
one point within the town to another point in the town or
state.
7. Publication
of newspapers, magazines or other periodicals and publications,
when published within the town, including the gross income
derived from advertising, notices and subscriptions sold
within the town. Subscriptions sold within the town for newspapers,
magazines or other periodi°©cals and publications
published without the town shall also be taxable under this
section, and advertising sold within the town shall likewise
be taxable.
8. Job printing,
engraving, embossing and copying, advertising by billboards,
direct mail, radio, television or by any means calculated
to appeal to prospective purchasers or users.
9. The contracting
business or acting as a prime contractor, or both.
a. For purposes
of this classification, there shall be subtracted from the
gross income, gross proceeds of sale or gross receipts subject
to the privilege tax, a deduction in the amount of thirty
five percent of said gross income, gross proceeds of sale
or gross receipts in lieu of any Labor, shop or subcontractor
deductions. Subcontractors or others, who perform services
in respect of the improvement, building, highway, road, railroad,
excavation or other structure, project, development or improvement
(hereinafter “job”) are exempt from the privilege
tax on their gross income, gross proceeds of sale or gross
receipts derived from the job if they can demonstrate to
the town’s satisfaction that the job was within the
control of a prime contractor or prime contractors and that
such prime contractor paid or should have paid the privilege
tax upon the gross income, gross proceeds of sale or gross
receipts attributable to the job and from which the subcontractors
or others were paid.
b. An owner-builder,
who is not a prime contractor, shall pay the privilege tax
or use tax, as the case may be, upon the sales to him or
to his account of all tangible personal property incorporated
or fabricated into any structure, project, development or
improvement under°©taken by him; provided, if the
owner-builder is treated as a prime contractor for privilege
tax purposes, he shall deduct from the gross income, gross
proceeds of sale or gross receipts derived from the sale
(as defined under owner-builder) of the real property as
improved by him:
(1) An amount of thirty-five
percent of said gross income, gross proceeds of sale or gross
receipts in lieu of any labor, shop or subcontractor deductions;
8-3-3 Business 8-3-3
(2) Either a tax credit
equal to the amount of privilege or use tax, or the equivalent
tax, paid to the Town of Superior or another city or town
in respect of the tangible personal property incorporated
or fabricated into the said structure, project, development
or improvement undertaken by him, and
(3) A tax credit equal
to the amount of privilege taxes paid by - :he contractor
or subcontractors to the Town of Superior on the gross income,
gross proceeds of sale or gross receipts derived by the contractor
or sub-contractor from the construction of the improvement
upon the real property owned or leased by the owner-builder
and sold by him.
c. Reporting
by contractors. Contractors shall report on a progressive
billing basis or cash receipts basis, but home builders,
speculative or otherwise, and owner-builders shall report
as gross income, gross proceeds of sale or gross receipts
the total selling price at the time of closing of escrow
or transfer of title.
d. Deductions
allowable and pertaining to the gross income, gross proceeds
of sale or gross receipts may not be taken prior to the time
that said proceeds or receipts are reported.
10. Restaurants, dining
rooms, lunchrooms, lunch stands, soda fountains, bars, taverns
or similar establishments where articles of food or drink
are sold, and catering or sale of food or drink from mobile
units within the town. Articles of food or drink prepared
for service or resale by another person may be deducted,
providing that the person reselling has a valid privilege
permit for such purpose.
The sale to hotels, restaurants, lunchrooms, boarding houses
or similar establishments of articles used by human beings
for food, drink or condiment, whether simple, mixed or compound,
where such articles are customarily prepared and served to
patrons for consumption on the premises, shall be deemed
wholesale use as to such commodities, providing that the
person reselling has a valid privilege permit for such purpose.
11. Selling any tangible
personal property whatsoever at retail or to the ultimate
consumer, including but not limited to sale of new and used
vehicles of any type, and sales made from mobile units when
within the town. Gross receipts from painting signs on structures
within the town or upon vehicles while within the town shall
be taxed as retail sales, without deduction. Sales of tangible
personal property within the State of Arizona which result
from activities of agents or representatives of a person
whose principal office within Arizona is within the Town
of Superior shall be taxable, provided that delivery is made
from the town.
12. Operating or conducting
amusements including but not limited to theaters, movies,
operas, exhibitions, concerts, carnivals, circuses, shows
of any type or nature, amusement park admissions, amusement
rides, menageries, fairs, races, contests, games, golf courses,
tennis courts, batting or driving ranges, riding on any animals,
juke boxes, pinball machines, billiard and pool parlors,
bowling alleys, dance halls, public dances, boxing or wrestling
matches, or any other business charging admission fees for
exhibition or amusement. Nonprofit private clubs where basic
membership fees cover use of amusement facilities, and amusements
conducted by the organizations themselves on an occasional
basis to raise funds for projects of bona fide religious
organizations, nonprofit educational institutions and nonprofit
fraternal or service clubs are exempt.
13. Leasing or renting
for a consideration any tangible personal property; sales
of tangible personal property to be so leased or rented shall
be deemed to be resale sales.
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14. Leasing or renting
for a consideration the use or occupancy of real property,
including any improvements, rights or interest in such property.
B. Basis for taxation
under certain conditions.
1. In determining
value as applied to sales from one to another person, or
other circumstances where the relation between the buyer
and seller is such that the gross proceeds from the sale
are not indicative of the true value of the subject matter
of the sale, the council may prescribe uniform and equitable
rules for determining the value upon which the tax herein
levied shall be based, corresponding as nearly as possible
to the gross proceeds from the sale of similar products of
like quality or character of other taxpayers where no common
interest exists between the buyer and seller, but otherwise
under similar circumstances and conditions.
2. For the
purpose of computing the tax by this article, “conditional
or time sales” shall be treated as credit sales and
tax shall be based only upon the amounts received under such
security agreements, but if the seller transfers his interest
in such agreements to a third person, he shall pay an amount
based upon the full sale price of the commodity, unless a
record is kept of payments thereafter made on the contract
in such manner that the tax collector nay at all times ascertain
from the records of the seller the amount paid thereon by
the purchaser. If at any time the tax collector cannot ascertain
the amount paid thereon, the tax shall be computed to include
any amounts not shown to be paid by the records of the seller
to the satisfaction of the tax collector.
3. When any
person is engaged in an occupation or business to which Section
8-3-3 is applicable, such person’s books shall be kept
so as to show separately the gross proceeds of sale of tangible
personal property and the gross income from sales of nontaxable
service, and if not so kept, the tax shall be based upon
the total of such person’s gross proceeds of sales
of tangible personal property and gross income from service.
4. When any
person is engaged in the business of selling tangible personal
property at both wholesale and retail, the retail rate shall
be applied only to the gross proceeds of the sales made other
than at wholesale when such person’s books are kept
so as to show separately the gross proceeds of sales of each
class, and when such books are not so kept, the retail rate
shall be applied to the gross proceeds of every sale so made.
5. For the
purpose of Section 8-3-3, the total amount of gross income,
gross receipts or gross proceeds of sale shall be deemed
to be the amount of the sale, exclusive of the tax imposed
by Section 8-3-3, providing the person upon whom the tax
is imposed shall establish to the satisfaction of the tax
collector that any tax collected from customers has been
added to the sale price and not absorbed by him.
Sec. 8-3-4 Exemptions
The following shall not be subject to taxation under this
article:
A. Any business,
calling, profession or occupation where the general law of
the State of Arizona or general law of the United States
of America preclude the levying of such a tax.
B. Sales in interstate
or foreign commerce when prohibited from being so taxed by
the Constitution or general laws of the United States or
by the Constitution of the State of Arizona.
8-3-4 Business 8-3-4
C. Professional
services, instruction and other services not connected with
the making of retail sales.
D. Contracting,
retail sales and any other taxable activity for the Town
of Superior.
E. Sales
of gasoline upon which a tax has been imposed under the provisions
of Title 28, Chapter 9, Article 9, Arizona Revised Statutes.
F. Sales
of tangible personal property to a person licensed as a contractor
under Title 32, Chapter 10, Arizona Revised Statutes, who
holds a valid privilege tax permit for engaging in or continuing
in the business of contracting when the property so sold
is incorporated or fabricated by the contractor into any
structure, project, development or improvement in fulfillment
of a contract therefore.
G. Sales of tangible
personal property made directly to the United States Government,
its departments or agencies, by the manufacturer, modifier,
assembler or repairer. A deduction of fifty percent shall
be permitted where such sales are made by persons other than
those specified in the previous sentence.
H. Sales of tangible
personal property by persons engaging in or continuing in
the business of processing, manufacturing, fabricating, modifying,
assembling or repairing, when such sales are made for resale
and not at retail and not to an ultimate consumer. This subsection
shall not apply to any sales of tangible personal property
which are not the same as or similar to tangible personal
property sold through distributors, jobbers, wholesalers,
retailers or other persons than those substantially and principally
engaging or continuing in the actual manu°©facturing,
processing, fabricating, modifying or assembling thereof.
I. Sales
of tangible personal property to manufacturers, modifiers,
or assemblers where such property directly enters into and
becomes an ingredient or component part of any manufactured,
fabricated or processed article, substance or commodity for
sale in the regular course of business.
J. Services
provided in connection with retail sales if invoices to the
customer, sales tickets, cash register tapes and all other
business records show separate charges for such services.
This exemption shall apply only where such service is not
customarily included in the retail sale itseLf and where
such service is not an essential element in the retail sale
itself. No deduction shall be allowed for fabrication labor
of retail items sold.
K. Sales of tangible
personal property in which all of the following occur without
the town Limits of the Town of Superior.
1. The placement
of the order.
2. The stock
from which delivery was made.
3. The transference
of title and possession.
For the purposes of this exemption, any person engaging or
continuing in the business to which this exemption is appli°©cable
shall maintain and keep accounting records or books indicating
separately the gross proceeds of sale or gross income of
tangible personal property which occur without the town limits,
and if not so maintained the tax to be imposed will be upon
the total of such person’s gross proceeds of sale or
gross income.
L. The sale
of drugs on the prescription of a member of the medical,
dental or veterinary profession who is licensed by law to
administer such drugs.
8-3-4 Business 8-3-4
M. All personal property
purchased in this town by any hospital organized and operated
exclusively for charitable purposes, no part of the net earnings
of which inures to the benefit of any private shareholder
or individual, or operated by the state or any political
subdivision of this state.
N. The sale of
stock and bonds.
O. Sales of machinery
or equipment to be used directly in manufacturing, processing,
fabricating, job printing, refining or metallurgical operations,
including leaching, milling, precipitating, smelling and
refining.
P. Sales
of machinery or equipment to be used directly in the process
of extracting ore or minerals from the earth for commercial
purposes, including equipment required to prepare the materials
for extraction and for the handling, loading or transportation
of such extracted material to the surface.
Q. Sales to telephone
or telegraph companies of central office switching equipment,
switchboards, private branch exchange equipment, microwave
radio and carrier equipment and coaxial cable.
R. Sales of machinery,
equipment or transmission lines to be used directly in the
production or transmission of electrical power, but not for
such machinery, equipment for transmission lines that are
to be used for distribution and not for transformers and
control equipment to be used at transmission substation sites.
S. Sales of pipes
or valves four inches in diameter or Larger to be used for
transporting oil, natural gas, artificial gas, water or coal
slurry.
T. Sales of aircraft,
navigational. and communication instruments and other accessories
and related equipment to be used in conjunction with or to
become part of aircraft to be used in the transportation
of persons, property or U.S. Mail in intrastate, interstate
or foreign air transportation for hire by airlines holding
a federal or state certificate of public convenience and
necessity or holding a foreign air carrier permit.
U. Sales of railroad
rolling stock, rails, ties and signal control equipment to
be used directly in the transportation of persons or property
in intrastate or interstate transportation for hire.
V. Sales of machinery
or equipment to be used directly in the drilling for oil
or gas or used directly in the process of extracting oil
or gas from the earth for commercial purposes.
W. Sales or gross income
from sales of food by any of the following:
1. A retailer
who conducts an eligible grocery business.
2. A
retailer who conducts a business whose primary business is not
the sale of food but who sells food which is displayed, packaged
and sold in a similar manner as an eligible grocery business.
3. A retailer who sells food and does not provide or make available any facilities for the consumption of food on the premises.
4. A retailer
who conducts a delicatessen business either from a counter
which is separate from the place arid cash register where
taxable sales are made or from a counter which has two cash
registers which are used to record taxable and tax exempt
sales or a retailer who conducts a delicatessen business
who uses a cash register which has a least two tax computing
keys which are used to record taxable and tax exempt sales.
8-3-4 Business 8-3-5
5. A retailer
who is a street or sidewalk vendor who uses a pushcart, mobile
faci1ity, motor vehicle or other such convenience.
6. Vending
machines and other types of automatic retailers,
a. For purposes
of this subsection, the terms “eligible grocery business”, “facilities
for the consumption of food”, “food” and “food
for consumption on the premises: shall have these definitions
as provided in Arizona Revised Statute Section 42-1381 and
the rules and regulations adopted by the Arizona Depart°©ment
of Revenue pursuant to A.R.S. 42-1387, as if same were fully
set forth herein.
b. All retailers
availing themselves of this exemption may apply an average
rate to the sales price of both food and non-food items as
provided in A.R.S. 42-L384 and the rules and regulations
adopted by the Arizona Department of Revenue.
Sec. 8-3-5 Administration and Procedures
A. Vested administration
and payment of tax. The administration of this article is
vested in and exercised by the Town of Superior, except as
otherwise specifically provided, and all payments shall be
made to the Town of Superior or the Depart°©ment
of Revenue for the State of Arizona, when an agreement for
collection is in force between the Department and the Town
of Superior. If payment is made in any other form than money
which is Legal tender in the State of Arizona and the United
States of America, the tax obligation shall not be ended
until the check, bank draft or money order has been honored
by the person on whom drawn.
B. Presumption that all gross receipts are taxable. For the
purpose of the proper administration of this article and
to prevent evasion of the tax hereby imposed, it shall be
presumed that all gross receipts are subject to the tax until
the contrary is established by the person seeking the exemption
from said taxation.
C. Burden of proving
sale was not at retail. The burden of proving that a sale
of tangible personal property was not a sale at retail shall
be upon the person who made it, unless such person shall
have taken from the purchaser a certificate to the effect
that the property was purchased for resale.
D. Tax imposed
is cumulative and supplemental to others. The tax imposed
by this article shall be cumulative and supplemental to all
other taxes levied by law.
E. Records
of taxpayer. It shall be the duty of every person engaging
or continuing in business activities within this town for
which a privilege tax is imposed by this article to keep
and preserve for a minimum of three years, suitable records
of the gross income, gross receipts of sales, invoices for
goods and merchandise purchased and sold, resale certificates,
job Labor records and all other such books or accounts as
shall be necessary to determine the amount of tax for which
such person is liable under the provisions of this article.
Collection of back privilege taxes by the town shall be limited
to a period of three years prior to the date when the tax
collector began an audit of the taxpayer’s books, wrote
to the person through use of ordinary mail concerning an
apparent violation of the article, or took some other recorded
action to require a privilege tax permit application or other
compliance with the article. ALL records mentioned in this
subdivision above, shall be open for examination at any time
by the tax collector.
F. Divulging
of information forbidden. It is unlawful for any officer,
employee or agent of this, Town of Superior to make known
in any manner whatsoever the business affairs, operations
or information obtained by an investigation of records and
equipment of any person visited or examined in the discharge
of his official
8-3-5 Business 8-3-5
duty, or the amount or source of income, profits, leases,
expenditures or any particular thereof, set forth or disclosed
in any return or report, or the amount of tax paid. The council
may, by motion, authorize an examination of the reports made
pursuant to this article by the United States Director of
Internal Revenue or the proper officials of the State of
Arizona. Successors, receivers, trustees, executors, administrators
and assignees, if directly interested, may be given information
as to the items included in the measure and amounts of any
unpaid tax or amounts of tax required to be collected interest
and penalties. Divulging of applicable information to any
authorized employee or agent of an incorporated city or town
shall be permitted when an employee or agent of another incorporated
city or town is authorized by the tax collector to conduct
audits for the Town of Superior. Information supplied on
privilege permit applications shall not be considered as
confidential. Any officer, employee or agent of the Town
of Superior shall be authorized to divulge such confidential
information as may be necessary upon the order of a court
of competent juris°©diction.
G. Inadequate records.
In the event the records of the gross Income, gross receipts
or gross proceeds of sales of the business, kept by the taxpayer,
are deemed by the tax collector to be unsuitable, or the
taxpayer does not keep such other books or records as may
be necessary to determine the amount of the tax for which
he is liable under the provisions of this article, the tax
collector may prescribe the form and manner of keeping such
books and records. In the event the taxpayer fails or refuses
to follow such prescribed form, and the tax collector cannot
ascertain from the records kept by the tax°©payer
the gross income, gross receipts or gross proceeds of sale
of the business or the amount of the tax for which the taxpayer
is Liable under the provisions of this article, the tax collector
may proceed as though such taxpayer failed or refused to
make a return in the manner prescribed by this article.
H. When tax variable,
interest and penalties. Notwithstanding any other provisions
of this Article to the contrary, taxes shall be due, payable
and delinquent on the dates specified in Section 42-1322
of Arizona Revised Statutes for collection of the state transaction
privilege tax. Interest and penalties shall be charged at
the same rate and at the same time as provided in Section
42-1322 and 42-1327 of Arizona Revised Statutes for the state
trans°©action privilege tax or such other statutes
as are intended by the legislature to replace said sections.
I. Cash
receipts or accrual basis. The taxpayer may elect to file
returns and pay his tax either on a cash receipts or accrual
basis, but the taxpayer shall not change from one basis to
the other, without the prior written approval of the tax
collector. As a condition of granting such approval, the
tax collector may require an audit of the taxpayer’s
records.
J. Consolidated
returns. Any person engaging in two or more forms of business
of like classification taxable under this article may file
a consolidated return covering all business activities of
like classification in which he is engaged within the town.
K. Extension of
time for making returns. The tax collector may for good cause
extend the date for making any return required under the
provisions of this article, but the date for filing such
return shall not be extended beyond the fifteenth day of
the second month next succeeding the regular due date.
L. Penalty
for delinquency. Any taxpayer who shall have failed to pay
such tax within five days from the date upon which such payment
shall have become due shall be subject to and shall pay a
penalty of ten percent of the amount of such tax, together
with interest on such tax at the rate of one percent per
month or fraction thereof until paid.
M. Correction of errors.
If the taxpayer makes an error or errors in computing the
tax assessable against him, the tax collector shall correct
such error and notify the taxpayer promptly by ordinary mail
that such correction has been made. Any addi°©tional
tax for which the taxpayer becomes liable shall be payable
within ten days after the letter or form showing the correction
is mailed to the taxpayer. If the taxpayer makes an error
8-3-5 Business 8-3-5
which results in overpayment of tax, the tax collector shall
allow credit against tax due on future returns or shall authorize
a refund to the taxpayer.
N. Duties of person
quitting business, his successor or assignee. Any person
who sells his business or stock of goods or quits business
shall be required to make the return provided for under this
article within fifteen days after the date he sold his business
or stock of goods or quit business, and his successor in
business or assignee shall be required to withhold a suffi°©cient
amount of the purchase money to cover the amount of said
taxes due and unpaid until such time as the former owner
shall produce a receipt from the tax collector showing that
the taxes have been paid, or a certificate that no taxes
are due.
1. If the
purchaser of a business or stock of goods shall fail to withhold
purchase money as above provided and the taxes shall be due
and unpaid after the fifteen-day period herein provided,
he shall be personally liable for the payment of the taxes
accrued and unpaid on account of the operations of the business
by the former owner.
2. Transaction
privilege tax liability of the purchaser shall be limited to no
more than that accrued during a period of one full year prior
to the date such business purchase becomes effective,
3. It is
unlawful for the purchaser to refuse or fail to pay the back
taxes accrued during said period within thirty days after
the tax collector mails a Letter or other notice by ordinary
mail to the purchaser requesting such payment of back taxes.
O. Tax shall be
lien. The tax imposed by this article, if not reported and
paid by the due date specified by this article, shall constitute
a Lien on the property of any person subject to this article.
The procedure to perfect such Lien shall be as follows:
1. The tax
collector shall give written notice to the tax°©payer
at his last known mailing address by certified or registered
mail, or such notice may be sent to the address at which
the business is conducted. This written notice shall indicate
that the town will file a lien on the subject property unless
the taxpayer reports and pays all the tax past due including
any penalties and interest due under this article or provides
satisfactory evidence to the tax collector that no taxes
are due, within a period of thirty days from service or receipt
of said written notice.
2. If the
taxpayer does not pay taxes due or provide evidence that
no taxes are due within thirty days after service or receipt
of said written notice, the tax collector may prepare in
triplicate copies of a “Notice and Claim of Lien” and
file one copy with the county recorder of the county in which
the property is Located. The tax collector shall then send
by certified or registered mail a copy to the taxpayer at
his last known mailing address or at the address at which
the business is conducted. The Notice and Claim of Lien” shall
contain the following:
a. A description
of the property sufficient for identification.
b. The name
of the taxpayer as owner or reputed owner of the property.
c. The amount
of the delinquent tax, including penalties and interest;
or if this amount cannot be determined precisely because
suitable records and books were not made available by the
taxpayer, the amount assessed, including penalties and interest,
by the tax collector as authorized by this article when such
books and records are not available or are unsuitable.
8-3-5 Business 8-3-6
From and after the date of its recording in the office of
the county recorder, the lien shall attach to the property
until paid. A sale of the property to satisfy the lien shall
be made upon judgment of foreclosure and order of sale. The
town shall have the right to bring an action to enforce the
lien in the superior court of the county in which the property
is located, at any time after its recording, but failure
to enforce the lien by such actions shall not affect its
validity. The recorded “Notice and Claim of Lien” shall
be prima facie evidence of the truth of all matters recited
therein and the regularity of all proceedings prior to the
recording therein.
A prior recording for the purposes provided in this section
shall not be a bar to the subsequent recording of a Lien
for such purposes, and any number of such Liens on the same
property may be enforced in the same action.
P. Tax collector
may examine books and papers. The tax collector may examine
any books, papers, records or other data bearing upon the
correctness of any return or for the purpose of making a
return where none has been made, as required by the provisions
of this article. If any person shall fail to appear before
the tax collector or to answer any material question or to
produce any books, records, papers or other data when requested
to do so, such failure or refusal shall be reported to the
town attorney, who shall thereupon institute proceedings
in the superior court of the county where such witness resides
to obtain compliance.
Q. Taxpayer’s
Liability. The liability of the taxpayer for taxes due shall
remain the same, whether he collects sufficient added payments
from his customers to cover such taxes due.
1. Where
the taxpayer fails to show “tax collected”, deductible “repair
labor’ and other deductible “service” on
invoices to customers, sales slips and cash register slips,
and on all applicable books and records, he shall be liable
for taxation on his Cull gross receipts without allowance
for such items.
2. The burden
of proof for all deductions by any taxpayer shall be on taxpayer,
who must prove to the satisfaction of the tax collector that
such deductions shall have been legal and proper under this
article. A person taking deductions for “resale” or
for “payments to subcontractors” shall not take
such deductions unless the persons for whom the deductions
are taken have obtained the required privilege tax permits.
R. Tax liabilities
or partners. All taxes assessed under the provisions of this
article upon the business activities of a partnership shall
be a liability and charges against each and all of the individual
partners; but when paid by the partnership, such liability
against each and all of the individual partners shall cease.
Sec. 8-3-6 Assessment and Appeal
A. Assessment procedure.
If any person who is required to file a return under the
provisions of this article fails or refuses to make a return,
the tax collector shall proceed, in such a manner as he may
deem best, to obtain facts and information on which to base
the assessment of the tax herein prescribed; and to this
end the tax collector may make examination of the books,
records and papers of any such person; and may take the evidence
on oath of any person whom he may believe to be in possession
of facts or information pertinent to the subject of inquiry,
which oath the tax collector may administer. If no other
information is readily available, the tax collector may make
a reasonable judgment on the basis of past reports by the
taxpayer or by any predecessor. When the tax collector has
reached a decision as to the assessment; he shall notify
the taxpayer in writing of such assessment, which shall become
final within thirty days after such notice, has been mailed
or served, unless the taxpayer shall notify the tax collector
in writing of a request for a tax hearing within said thirty
days.
8-3-6 Business 8-3-6
B. Hearing at tax
payer’s request. When a taxpayer requests a hearing
as indicated in Section 8-3-6 (A) such hearing shall normally
be held in the offices of the Town of Superior provided that
the tax collector may choose another suitable room in the
same town or by mutual agreement with the taxpayer, he may
bald the hearing in such other place as may prove desirable.
The hearing shall be conducted by the tax collector, and
it shall be closed to all except the tax collector and his
authorized representatives and the taxpayer and his authorized
representatives, unless the taxpayer agreed in writing to
waive restrictions on release of confidential infor°©mation.
The tax collector shall provide the taxpayer with not less
than ten days notice of the date, time and place of the hearing.
During the hearing the taxpayer or his authorized representative
may present any evidence he deems appropriate to the issues
or questions under consideration. Within fifteen days after
the conclusion of the hearing, the tax collector shall affirm,
modify or vacate any decision made with respect to the issues
or questions discussed in the course of the hearing. Notice
of said decision shall be provided to the taxpayer by the
tax collector as provided in this article, and said decision
shall be effective in ten days after service of notice.
C. Payment under
protest. If any person feels aggrieved by a tax assessment
or believes that any or all of his activities are not subject
to the privilege tax required by this article, he shall pay
the amount of such assessment or tax claimed due before the
delinquent date and shall at that time give notice in writing
to the tax collector that all or part of such payment is
made under protest, and shall in the notice give the grounds
and reasons for such protest and that a certain part thereof
or that the total sum is protested.
1. Within
ten days after receipt of such protest, the tax collector
shall reply in writing to the last known mailing address
of the taxpayer, stating whether the assessment or tax applied
is to be changed as requested, and giving reasons for the
decision.
2. If the
taxpayer is then dissatisfied, he may take appro°©priate
action in the superior court to recover payments made under
protest. Court action shall be taken within sixty days after
the tax collector has mailed his reply as required by paragraph
I, above. Failure to take court action within the required
sixty day period shall make the protest null and void.
3. If court
action has been taken by the taxpayer under paragraph 2 above,
all subsequent payments due shall be paid on or before the
due date. However if each tax form is plainly marked “Paid
Under Protest”, such subsequent payments shall be treated
as part of the original protest until such time as court
remedies have been exhausted or the court action withdrawn
by the taxpayer.
D. Collection of
delinquent taxes.
1. If any
tax imposed by this article, or any portion thereof, is not
paid within thirty days after the same becomes delin°©quent,
the tax collector shall be empowered to commence court action
in any appropriate court of competent juris°©diction
to colLect tax, penalties and interest due, and to utilize
any and all appropriate remedies as authorized under the
laws of the State of Arizona. Such actions may be commenced
whether separate criminal charges have been filed to cover
alleged failure to comply with this article.
2. Every
tax imposed by this article and all increases, interest and
penalties thereon, shall become, from the time the same is
due and payable, a personal debt from the person liable to
the town and it shall be payable to and recoverable by the
tax collector.
E. Adoption
of administrative procedure. The council is hereby authorized
to adopt written administrative regulations to implement
the enforcement of this article or to further define terms
used in the article. Such administrative regulations shall
be enforceable as though they were integral portions of the
article itself.
8-3-6 Business 8-3-7
F. State
of Arizona Administrative procedures. Except where such regulations
would conflict with administrative regulations adopted by
the council or with provisions of this article, all regulations
on the transaction privilege tax adopted by the State Department
of Revenue under the authority of Title 41, Chapter 6, Article
1, Arizona Revised Statutes and amendments thereto, shall
be considered as part of this article and enforceable as
such.
Sec. 8-3-7 Violations
A. Advertisement
regarding taxes. It is unlawful for any person engaged in
any of the businesses classified in Section 8-3-3 to advertise
or hold out to the public in any manner, directly or indirectly,
that the tax herein imposed is not considered as an element
in the price to the consumer.
B. Permit required.
It is unlawful for any person engaging in a business subject
to the town transaction privilege tax to fail to obtain a
permit before beginning or continuing such business.
C. Tax Collection
from customer. Any person, who collects added payments from
customers stated or indicated to be for the purpose of meeting
privilege tax obligations of such person, shall be required
to use such money only for such purpose. it is unlawful for
any person to fail to pay privilege tax due to the Town of
Superior within a period of thirty days after the date such
tax is due if evidence is provided that such person has at
any time collected such added payments from customers.
D. Failure to make
return. It is unlawful for any person or for any officer
or agent of any company or corporation to fail or refuse
to make the returns and to pay the tax provided to be paid
by the provisions of this article, or to make or permit to
be made any false pr fraudulent return or false statement
in arty return required by this article; or for any reason
to aid or abet another in any attempt to evade the payment
of the tax, or any part thereof, imposed by this article;
or for any person or officer or agent of a company to fail
or refuse to permit the examination of any book, paper, account,
record or other data by the tax collector as required by
this article; or to violate any of the other provisions of
this article.
Chapter 9 Health and Sanitation
CHAPTER 9 HEALTH AND SANITATION
ARTICLE 9-1 GARBAGE AND TRASH COLLECTION
9-1-1 Definitions
9-1-2 Collection
Agency
9-1-3 Collection
Hours, Rules and Regulations
9-1-4 Rates
9-1-5 Payment
of Fees, Collection Process, Notice of Violation
9-1-6 Responsibility
for Maintaining Premises
9-1-7 Storage
9-1-8 Frequency
of Collection
9-1-9 Place
of Collection
9-1-10 Vehicles
Used for Collection
9-1-11 Disposal
- General Responsibility
Sec. 9-1-1 Definitions
In this chapter unless the context requires otherwise:
A. “Approved” means
acceptable to the Town.
B. “Ashes” means
residue from the burning of any combustible material.
C. “Garbage” means
all animal and vegetable wastes resulting from processing,
handling, preparation, cooking, and serving of food or food
materials.
D. “Manager” means
the Superior Town Manager or his representative.
E. “Manure” means
animal excreta, including cleanings from barns, stables,
corrals, pens or conveyances used for stabling, transporting,
or penning of animals or fowls.
F. “Person” shall
include the state, a municipality, district or other political
subdivision, a cooperative, institution, corporation, company,
firm, partnership or individual.
G. “Refuse” means
all putrescible and non-putrescible solid and semisolid wastes,
except human excreta, but including garbage, rubbish, ashes,
manure, street cleanings, dead animals, abandoned automobiles,
and industrial wastes.
H. “Rubbish” means
non-putrescible solid wastes, excluding ashes, consisting
of both combustible and noncombustible wastes, such as paper,
cardboard, waste metal, tin cans, yard and tree clippings,
wood, glass, bedding, crockery and similar waste materials.
Sec. 9-1-2 Collection Agency
The Town, or collectors authorized by the town, shall collect
all refuse within the town. No person except as provided
in this chapter shall collect or gather refuse within the
town.
9-1-3 Health and Sanitation 9-1-6
Sec. 9-1-3 Collection Hours, Rules and Regulations
The hours of collection of refuse shall be designated by
the manager, All occupants, tenants or owners of properly
within the Town shall comply with all rules and regulations
established by the manager and approved by the council. It
is unlawful to violate any rule or regulation so approved
and established by council resolution, violation of any such
rule or regulation shall be punishable as provided in Section
9-3-5 of this chapter.
Sec. 9-1-4 Rates, Billing, Enforcement
A. The council
shall from time to time fix the rates and classifications
for refuse and/or rubbish or other solid waste collection
within the Town and shall make such other rules and regulations
as may be necessary to properly administer and enforce this
chapter. Except as otherwise specifically provided, each
residential or commercial owner, tenant or occupant shall
pay the established monthly fee for service whether utilized
or not. Commercial and residential property owners or occupants
may receive a reduced fee, approved by the Town manager,
upon a showing of proof that they have not utilized the service
for a period in excess of thirty (30) days due to absence
from the community. All rates shall be set by Council resolution.
B. The Town Manager
is authorized to establish and implement a process for billing
customers for Town services. Billings may be made on a quarterly
basis; however, customers may pay the billing in three (3)
equal installments without penalty. In such cases, a handling
fee may be added in the next quarter’s billing.
C. All billings
are payable within twenty (20) days of billing. A penalty
of ten (10%) percent of the unpaid amount shall be added
to all accounts where payment is not received within thirty
(30) days of billing.
D. The Town may
combine in one billing charges for sewer and garbage collection
and enforce the payment of each in any manner authorized
by this Code or State law.
Sec. 9-1-5 Payment of Fees, Collection Process, Notice of
Violation
A. Billing for
fees for collection services may be made on a quarterly basis
in advance on residential properties, or as otherwise approved
by the Manager. Payment of the fee must be made within thirty
(30) days of billing. The success of any collection process
approved by the town depends upon proper participation of
all commercial and residential property owners or occupants.
Therefore, the payment of the fee approved by the town shall
be considered part of that participation. Failure to pay
the approved rates for collection within the time periods
required, and after written notice is provided the owner
or occupant and placed on the property, shall be considered
a violation of Section 9-1-4 of this chapter and punishable
as provided in Section 9-3-5.
Sec. 9-1-6 Responsibility Maintaining Premises
A. The owner, agent
or the occupant of any premises, business establishment or
industry shall be responsible for the sanitary condition
of said premises, business establishment, or industry. No
person shall place, deposit, or accumulate or allow to be
placed, deposited or accumulated on any premises or on any
public Street, road, or alley any refuse or other objectionable
waste, except in a manner described in this chapter for storage
and collection.
9-1-6 Health and Sanitation 9-1-8
B. The owner, agent,
and the occupant of any premises, business establishment,
or industry shall be responsible for the storage and disposal
of all refuse accumulated by a method or methods described
in this chapter.
C. The collection
and disposal of all refuse not acceptable for collection
by an authorized collection agency is the responsibility
of each occupant, business, establishment or industry where
such refuse accumulates, and all such refuse shall be stored,
collected, and disposed of in a manner approved by the town,
and in compliance with all applicable laws, rules and regulations.
D. All dangerous
materials and substances shall, where necessary, be rendered
harmless prior to collection and disposal.
E. All refuse
disposals shall be at a facility approved for such disposal
by the County and State.
Sec. 9-1-7 Storage
A. All refuse shall
be stored in accordance with the requirements of this chapter.
The owner, agent, or occupant of every dwelling, business
establishment, or other premise where refuse accumulates
shall utilize a sufficient number of suitable and approved
containers for receiving and storing of refuse, and shall
keep all refuse therein, except as otherwise authorized by
this chapter.
B. Garbage shall
be stored in durable, rust resistant, nonabsorbent, watertight,
and easily cleanable containers, with close fitting covers
and having adequate handles or bails to facilitate handling.
The size of the container shall be determined by the manager
and at least one such container may be provided by the authorized
collection agency or the town. If a container is provided
by the collection agency, said containers shall be utilized
by the owner or occupant of the property.
C. Bulky rubbish
and brush refuse such as tree trimmings, newspapers, weeds,
and large cardboard boxes shall be handled as directed by
the manager. Where garbage is not separated from rubbish,
all containers for storage of mixed rubbish and garbage shall
meet the requirements specified in subsection (B) of this
section.
D. Containers for
the storage of refuse shall be maintained in such a manner
as to prevent the creation of a nuisance or a menace to public
health. Containers that are broken or otherwise fail to meet
the requirements of the rules shall be replaced.
E. Manure
and droppings shall be removed from pens, stables, yards,
cages, conveyance, and other enclosures as often as necessary
to prevent a health hazard or the creation of a nuisance.
All material removed shall be handled and stored in a manner
that will maintain the premises nuisance free. A health hazard
and a nuisance shall be presumed if the odor is detected
beyond the boundaries of the property.
Sec. 9-1-8 Frequency of Collection
A. The frequency
of collection of refuse shall be in accordance with rules
of the town, but not less than that shown in the following
schedule.
1. Residential
- twice weekly.
2. Commercial
- two to five times per week
9-1-6 Health and Sanitation 9-1-11
B. It shall be
unlawful and a class 2 misdemeanor for any person to place,
deposit, accumulate or store on any premises or on any public
street, road, or alley any refuse or other objectionable
waste, except in a manner described in this chapter for storage
and collection.
C. Failure to maintain
premises free of refuse shall be presumed if refuse, garbage
or rubbish is kept, placed, deposited, stored or accumulated
on a person’s premises for a period longer than seven
(7) days after written notice of a violation and request
to abate is given to the occupant or is mailed to the owner
at the address to which the County tax notice is mailed.
Said presumption shall run against the owner, occupant, leaser
and any other person found to be in control of, or having
a right to control, the premises.
Sec. 9-1-9 Place of Collection
A. All refuse shall
be properly placed on the premises for convenient collection
as designated by the manager and the collection agency.
B. Where alleys
are provided and accessible, collection may be made on the
alley side of the premises.
Sec. 9-1-10 Vehicles Used for Collection
A. Vehicles used
for collection and transportation of garbage, or refuse containing
garbage, shall have covered, watertight, metal bodies of
easily cleanable construction, shall be cleaned frequently
to prevent a nuisance or insect breeding, and shall be maintained
in good repair.
B. Vehicles used
for collection and transportation of refuse shall be loaded
and moved in such a manner that the contents, including ashes,
will not fall, leak or spill there from. Where spillage does
occur, it shall be picked up immediately by the collector
and returned to the vehicle or container.
C. Vehicles used
for collection and transportation of rubbish or manure shall
be of such construction as to prevent leakage or spillage,
and shall provide a cover to prevent blowing of materials
or creating a nuisance.
Sec. 9-1-11 Disposal – General Responsibility
All refuse, rubbish, garbage or other objectionable waste
must be removed from any premises within ten (10) days of
same being deposited, placed or accumulated on said premises.
Disposal shall be made to a disposal site and/or sanitary
landfill approved by the Arizona Department of Environmental
Quality or successor agency. The owner, occupant or leaser
of any premises shall be jointly and severally responsible
for such disposal, and can comply with such obligation by
preparing and storing same for collection by an approved
collection agency as provided in this chapter.
9-2 Health and Sanitation 9-2-1
ARTICLE 9-2 PREPARATION OF REFUSE
FQR COLLECTION
9-2-1 Preparation
of Refuse for Collection
9-2-2 Location
for Pick Up
9-2-3 Lids
and Covers
9-2-4 Use
of Containers
9-2-5 Unlawful
Storage or Collection - Penalty
Sec. 9-2-1 Preparation of Refuse for Collection
All refuse shall be prepared for collection or disposed of
as follows:
A. Refuse: The
residential customer shall utilize containers provided by
the collection agency or the Town for the accumulation, storage,
and collection of all garbage. Such containers shall be tightly
covered and be of rust-resistant metal or plastic and shall
have handles on the outside. The maximum capacity of each
container shall not exceed one hundred (100) gallons. Such
containers shall be kept in good repair and in a sanitary
condition. Containers found to be no longer serviceable through
disrepair or maintained in an unsanitary condition may be
condemned by the Town for further use. Legal notice of such
condemnation shall consist of a label or tag affixed to the
container. Receptacles not placed in satisfactory condition
or replaced within fifteen (15) days of said notice may be
removed and destroyed by the Town.
B. Brush or Tree
Trimmings: Brush or tree trimmings shall be cut into such
a size not more than four (4) feet in length that one person
can readily load the individual pieces into a truck or chipper
and shall be piled in neat order with all long branches parallel
to one another and shall have all metal or foreign materials
removed to facilitate chipping. When possible, brush and
trimmings shall be stored in the containers provided for
collection.
C. Bulk Rubbish
- Vehicles and Junk: The collection agency may collect discarded
small appliances and similar items from dwelling premises
that one (1) person can readily lift into a truck. The customer
shall remove or cause to be removed all other appliances,
abandoned and junk vehicles as defined in this chapter or
other large metal items weighing more than seventy (70) pounds
whether classed as refuse or rubbish from their premises
or property within the Town. The manager and collection agency
shall provide information where the resident can dispose
or recycle items. The authorized collection agency may charge
a fee approved by the manager for collection and disposal
of such large items.
D. Building Materials:
All owners, contractors and builders of structures shall,
upon the completion of any structure, gather up and haul
away, at their sole cost and expense, all refuse of every
nature, description or kind which has resulted from the building
of such structure including all lumber scraps, shingles,
plaster, brick, stone, concrete and other building materials
and shall place the lot and all nearby premises utilized
in such construction in a sightly condition.. Residential
customers may dispose of small amounts of building materials
from time to time, providing the building materials are placed
in a container as described above and contain no concrete,
masonry or soil.
E. By-products:
Any commercial or manufacturing establishment which by the
nature of its operations creates an unusual amount of by-product
refuse may be required by the town to dispose of its own
refuse or waste as opposed to having the town or collection
agency provide the service.
9-2-1 Health and Sanitation 9-2-5
F. Hazardous
or Dangerous Waste: Only fully approved agencies may collect
hazardous or dangerous waste, refuse or materials. Any such
refuse or materials must be disposed of by the owner or occupant
of the premises in compliance with all local, state and federal
laws or regulations.
G. Soil and Concrete:
Waste soil, concrete, masonry blocks, sod and rocks shall
be disposed of in a lawful manner by the owner, tenant or
occupant of the premises.
H. Recycling Programs:
The foregoing provisions notwithstanding, the town may commence
a recycling program which will require sorting of refuse
into types of materials. All owners or occupants of property
within the town shall comply with all rules, regulations
and sorting requirements of any such program.
I. Tires
- Batteries: Discarded or unused tires or batteries shall
not be stored or collected on any premises unless otherwise
authorized by law on commercial premises, which are licensed
for retail sale or trade of such items. All owners, occupants
or tenants shall dispose of tires or batteries in a manner
allowed by federal, state and local law within ten (10) days
of the date they are first placed on the premises.
Sec. 9-2-2 Location for Pick-up
All refuse shall be prepared for collection in the proper
manner and placed in the location designated for collection
by the manager and collection agency. All containers of garbage,
refuse, brush refuse and rubbish shall be so located as to
not block the street, alley, sidewalk or gutter, or otherwise
be a hazard to pedestrian or vehicular traffic, Garbage and
refuse shall be placed in the designated area only on the
day of collection no more than eight (8) hours prior to collection.
Sec. 9-2-3 Lids and Covers
The lids or covers of all containers shall at all times be
kept secure so that flies and other insects may not have
access to the contents and shall only be removed while the
containers and receptacles are being filled, emptied or cleaned.
Sec. 9-2-4 Use of Containers
It is unlawful for any person to deposit or cause to be deposited
any refuse in any container that he does not own or is not
entitled to use as a tenant or occupant.
Sec. 9-2-5 Unlawful Storage or Collection - Penalty
A. It is unlawful
for any person, owner or occupant to collect, store or fail
to dispose of any refuse, junk, appliance or other materials
as required in this chapter or applicable rules or regulations
or to maintain or keep any premises in violation of the provisions
of this chapter.
B. Unlawful storage,
collection or disposal of refuse is a class (2) misdemeanor;
It shall be a separate offense for each and every day or
portion thereof such violation continues.
9-2-5 Health and Sanitation 9-3-5
1. Upon conviction
for a violation of any provision of this chapter, and as
a condition of probation, the Court is authorized to order
restitution to the Town for all costs or expenses incurred
to abate the violation.
Article 9-3 OTHER METHODS OF GARBAGE AND TRASH REMOVAL
Section
9-3-1 Hauling Refuse
Section
9-3-2 Vehicles and Receptacles to be Spill Proof
Section
9-3-3 Spilled Refuse
Section
9-3-4 Dumping Refuse
Section
9-3-5 Violations - Penalty
Sec. 9-3-1 Hauling Refuse
It is unlawful for any person to haul or cause to be hauled
any refuse on or along any public street, avenue, or alley
in the Town, in violation of any provision of this chapter.
Sec. 9-3-2 Vehicles and Receptacles to be Spill Proof
It is unlawful for any person to haul or cause to be hauled
on or along any public street in the Town any garbage, unless
such garbage is contained within a strong watertight vehicle
or within a watertight receptacle constructed to prevent
any such garbage from falling, leaking, or spilling and any
odor from escaping.
Sec. 9-3-3 Spilled Refuse
Any person hauling any refuse along the streets of the Town
shall immediately replace, in the conveyance used for such
hauling, any refuse which may fall upon any street.
Sec. 9-3-4 Dumping Refuse
It is unlawful for any person to place or cause to be placed
any refuse upon any public or private property within the
Town, except as specifically permitted in this chapter.
Sec. 9-3-5 Violations - Penalty
It shall be a class (2) misdemeanor to willfully or intentionally
violate, or fail to comply with any provisions of articles
9-1, 9-2, or 9-3 of the chapter. Each day a violation continues
shall be a separate offense.
9-4 Health and Sanitation 9-4-3
Article 9-4 REMOVAL OF LITTER
Section
9-4-1 Definitions
Section
9-4-2 Lifter on Private Property
Section
9-4-3 Owner to Maintain Premises
Section
9-4-4 Procedure to Compel Removal of Liner
Section
9-4-5 Notice to Remove
Section
9-4-6 Service of Notice
Section
9-4-7 Appeal to Council
Section
9-48 Removal by Town
Section
9-4-9 Lien for Removal
Section
9-410 Violations - Penalties - Littering
Sec. 9-4-1 Definitions
In this article, unless the context otherwise requires:
A. Utter: Means
any rubbish, trash, weeds, filth and debris which shall constitute
a hazard to public health and safety, and shall include all
putrescible and non-putrescible solid wastes including garbage,
trash, ashes, street cleaning, dead animals, abandoned automobiles,
and industrial waste; any deposit, accumulation, pile, or
heap of brush, grass, debris, weeds, cans, cloth, paper,
wood, rubbish or other unsightly or unsanitary matter of
any kind whatsoever; and any growth of weeds, brush, grass,
or other vegetable growth to a height of over six (6) inches.
B. Private Premises:
Means any lot, property, dwelling, house, building, or other
structure,
designed or used either wholly or in part for private residential
or commercial purposes, whether inhabited or, temporarily
or continuously, uninhabited or vacant, and shall include
any lot, yard, grounds, walk, driveway, porch, steps or vestibules
belonging or appurtenant to such dwelling, house, building
or other structures.
C. 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.
Sec. 9-4-2 Liner on Private Property
No person shall throw, deposit, or maintain litter on any
occupied or unoccupied private premises within the Town,
whether owned by such person or not, except that the owner
or person in control of said private premises may maintain
authorized private receptacles for collection in such a manner
that litter will be prevented from being carried or deposited
by the elements upon any public place.
Sec. 9-4-3 Owner to Maintain Premises
The owner or person in control of any private premises shall
at all times maintain the premises tree of lifter; provided,
however, that this section shall not prohibit the storage
of litter in authorized receptacles for collection.
9-4-4 Health and Sanitation 9-4-8
Sec. 9-4-4 Procedure to Compel Removal of Litter
The manager shall enforce the provisions of Section 9-4-2
and 9-4-3 by prosecuting violators in the Town Magistrate
Court pursuant to the criminal provisions of this code. If
such prosecution fails to secure compliance with the provisions
of said sections, or in the event of inability to prosecute
violators by reason of failure to secure jurisdiction over
their person, the manager shall compel the removal of the
litter by the procedure outlined in Section 9-4-5 through
9-4-9 hereof, or such other procedure authorized by this
code or state law.
Sec. 9-4-5 Notice to Remove
If a person owning or controlling any private premises fails,
neglects or refuses to remove or properly dispose of litter
located on premises owned or controlled by such person, he/she
shall be given written notice by the manager to remove all
litter from such premises within thirty (30) days from the
date the notice was received by him/her, and prior to the
date of compliance on the notice. Such notice shall be received
not less than thirty (30) days before the date set thereon
for compliance, and shall contain an estimate of the cost
of removal by the Town, a statement that unless the person
owning or controlling such premises complies therewith within
thirty (30) days from the date such written notice is received
that the Town will, at the expense of the person owning or
controlling said premises, perform the necessary work at
a cost not to exceed the estimate given in the notice, and
that such person may appeal in writing to the council within
thirty (30) days from the date the notice is received by
him/her and prior to the date of compliance.
Sec. 9-4-6 Service of Notice
Notice shall be personally served on the owner or person
controlling such premises, by a police officer of the Town
in the manner provided in Rule 4(d) of the Arizona Rules
of Civil Procedure, or mailed to the owner or person controlling
such premises at his/her last known address by certified
or registered mail, or the address to which the tax bill
for the premises was last mailed. If the owner does not reside
on such premises, a duplicate notice shall also be sent to
him/her by certified or registered mail at his/her last known
address and posted on the premises. Notice shall be deemed
received, for all purposes of this chapter, five (5) days
after depositing same in first class mail to the address
to which the tax bill is mailed by the county Assessor.
Sec. 9-4-7 Appeal to Council
Prior to the date set for compliance on the notice, the owner
or person controlling such premises may appeal in writing
to the council from the demand of the manager. The council
shall, at its next regular meeting after receiving the appeal,
hear and determine the same and the decision of the council
shall be final. The council may either affirm or reverse
the decision of the manager or modify the scope of the work
as required in the notice. An appeal shall be deemed waived
if a written notice of appeal is not received by the clerk
prior to the date set for compliance.
Sec. 9-4-8 Removal by Town
When any person to whom notice has been given pursuant to
this article, fails, neglects or refuses to remove from such
premises any or all litter in a timely manner, the manager
is authorized and directed to cause same to be removed and
disposed of at the expense of the owner or person controlling
such premises. Upon completion
9-4-8 Health and Sanitation 9-4-10
of the work, the manager shall prepare a verified statement
of account of the actual cost of such removal or abatement,
the date the work was completed, and the street address and
the legal description of the premises on
which said work was done, including ten (10%) percent for additional
inspection and other incidental costs in connection therewith,
and shall serve a duplicate copy of such verified statement
upon the person owning or controlling such premises in the
manner prescribed in Section 9-4-6 hereof. The owner or person
controlling such premises shall have thirty (30) days from
the date of service upon him/her to appeal in writing to
the council from the amount of the assessment as contained
in the verified statement. If an appeal is not filed with
the manager within such thirty (30) day period, then the
amount of the assessment as determined by the manager shall
become final and binding. If an appeal is taken, the council
shall, at its next regular meeting, hear and determine the
appeal and may affirm the amount of the assessment, modify
the amount thereof, or determine that no assessment shall
be made. The decision of the council shall be final and binding
on all persons.
Sec. 9-4-9 Lien for Removal
If no appeal is taken from the amount of the assessment,
or if an appeal is taken and the council has affirmed or
modified the amount of the assessment, the original assessment
or the assessment as so modified shall be recorded in the
office of the county recorder and from the date of its recording,
shall be a lien on said lot or tract of land until paid.
Such liens shall be subject and inferior to the lien for
general taxes and to all prior recorded mortgages and encumbrances
of record. A sale of the premises to satisfy a lien obtained
under the provisions of this section shall be made upon judgment
of foreclosure or order of sale. The Town shall have the
right to bring an action to enforce the lien in the superior
court at any time after the recording of the assessment,
but failure to enforce the lien by such action shall not
affect its validity. The recorded assessment shall be prima
facie evidence of the truth of all matters recited therein,
and of the regularity of all proceedings prior to the recording
thereof. A prior assessment for the purposes provided in
this section shall not be a bar to a subsequent assessment
or assessments for such purposes, and any number of liens
on the same lot, tract of land, or premises may be enforced
in the same action.
Sec. 9-4-10 Violations - Penalties - Littering
A. Any person,
firm or corporation who is found to have violated any provision
of this article on premises controlled by said person, firm
or corporation is guilty of a Class two (2) misdemeanor,
and in addition to any fine which may be imposed, shall be
liable for all costs of removal which may be assessed pursuant
to this article.
B. Any person,
firm or corporation who shall place or keep any litter upon
any private or public premises not owned or under the control
of said person, firm or corporation shall be guilty of a
Class one (1) misdemeanor and, in addition to any fine which
may be imposed for violation of any provision of this section,
shall be liable for all costs which may be assessed pursuant
to this article for the removal of said litter.
C. A violation
of this section shall be designated as littering. Each day
a violation of any provision of this article continues shall
be considered a separate offense.
9-5 Health and Sanitation 9-5-1
Article 9-5 ABATEMENT OF PUBLIC NUISANCES
Section
9-5-1 Declaration of Public Nuisances - Definitions
Section
9-5-2 Unsanitary Conditions
Section
9-5-3 Public Nuisances - Abatement Procedure
Section
9-5-4 Unlawful Acts
Section
9-5-5 Penalty
Section
9-5-6 Costs of Abatement - Liability
Section
9-5-7 Limitation of Liability
Sec. 9-5-1 Declaration of Public Nuisances - Definitions:
In addition to any other nuisances described in this Code,
the following are declared to be public nuisances:
A. Unsafe Conditions:
All unsafe conditions are declared to be a public nuisance
and shall be abated by an appropriate method in accordance
with the procedure specified in this Article or as otherwise
provided by law. Unsafe conditions as used in this Article
shall mean any unguarded well, cesspool, excavation pit or
hole which by virtue of abandonment, dilapidation or lack
of maintenance is a hazard to the public, and any premises
or any portion thereof which, as the result of the accumulation
or collection of litter as defined in Section 9-4-1 of this
Chapter, is an attractive nuisance to children or a danger
to the life, health, premises or safety of the public.
B. Unsafe Buildings:
All unsafe buildings or structures are hereby declared to
be public nuisances and shall be abated by repair, rehabilitation,
demolition or removal in accordance with the procedure specified
in this Article or as otherwise provided by law. For the
purposes of this Code, any building or structure which has
any or all of the conditions or defects hereinafter described
shall be deemed to be an unsafe building, provided that such
condition or defect exist to the extent that the life, health,
premises, or safety of the public or its occupants are endangered:
1. Whenever
any door, aisle, passageway, stairway or other means of exit
is not of sufficient width or size, or is not so arranged
or maintained as to provide safe and adequate means of exit
in case of fire or panic.
2. Whenever
the stress in any materials, member or portion thereof, due
to all dead and live loads, is more than one and one-half
times the working stress or stresses allowed in the Uniform
Building Code for new buildings of similar structure, purpose
or location.
3. Whenever
any portion thereof has been damaged by fire, earthquake,
wind, flood or by any other cause, to such an extent that
the structural strength or stability thereof is materially
less than it was before such catastrophe and is less than
the minimum requirements of the Uniform Building Code for
new buildings of similar structure, purpose or location.
4. Whenever
any portion or member or appurtenance thereof is likely to
fail, or to become detached or dislodged, or to collapse
and thereby injure persons or damage premises.
5. Whenever
any portion of a building or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient
strength or stability, or is not so anchored, attached or
fastened in place so as to be capable of resisting a wind
pressure of one-half of that specified in, the Uniform
9-5-1 Health and Sanitation 9-5-1
Building Code for new buildings of similar structure, purpose
or location without exceeding the working stresses permitted
in the Uniform Building Code for such buildings.
6. Whenever
any portion thereof has racked, warped, buckled or settled
to such an extent that walls or other structural portions
have materially less resistance to winds or earthquakes than
is required in the case of similar new construction.
7. Whenever
the building or structure or any portion thereof is likely
to partially or completely collapse because of:
A. Dilapidation,
deterioration, or decay;
B. Faulty construction;
C. The removal,
movement or instability of any building, or part of same;
D. The deterioration,
decay or inadequacy of its foundation;
E. Any other
cause.
8. Whenever,
for any reason, the building or structure or any portion
thereof, is manifestly unsafe for the purpose for which it
is being used.
9. Whenever
the exterior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing
through the center of gravity does not fall inside the middle
one-third of the base.
10. Whenever the building
or structure, exclusive of the foundation, shows thirty three
(33%) percent or more damage or deterioration of its supporting
member or members, or fifty (50%) percent damage or deterioration
of its non-supporting members, enclosing or outside walls
or coverings.
11. Whenever the building
or structure has been so damaged by fire, wind, earthquake
or flood, or has become so dilapidated or deteriorated as
to become:
A. An attractive
nuisance to children; or
B. A harbor for
vagrants, criminals or immoral persons; or
C. Assessable so
as to enable persons to resort thereto for the purpose of
committing unlawful or immoral acts.
12. Whenever any building
or structure has been constructed, exists or is maintained
in violation of any specific requirement or prohibition applicable
to such building or structure provided by the building regulations
of this Town, as specified in the Uniform Building Code,
or of any law or ordinance of this state or Town relating
to the condition, location or structure of buildings.
13. Whenever any building
or structure which, whether or not erected in accordance
with all applicable laws and ordinances, has in any non-supporting
part, member or portion less than fifty (50%) percent, or
in any supporting part, member or portion less than fifty
five (55%) percent of the strength,
9-5-1 Health and Sanitation 9-5-3
fire resisting qualities or characteristics, or weather resisting
qualities or characteristics required by law in the case
of a newly constructed building of like area, height and
occupancy in the same location.
14. Whenever a building
or structure, used or intended to be used for dwelling purposes,
because of inadequate maintenance dilapidation, decay, damage,
faulty construction or arrangement, inadequate light, air
or sanitation facilities or otherwise, is determined by the
State, County or Town Health Officer to be unsanitary, unfit
for human habitation or in such a condition that is likely
to cause sickness or disease.
15. Whenever any building
or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient
fire resistive condition, faulty electric wiring, gas connections
or heating apparatus, or other cause, is determined by the
Fire Chief to be a fire hazard,
16. Whenever any building
or structure is in such a condition as to constitute a public
nuisance known to the common law or in equity jurisprudence.
17. Whenever any portion
of a building or structure remains on a site after the demolition
or destruction of the building or structure or whenever any
building or structure is abandoned for a period in excess
of six (6) months so as to make such building or portion
thereof an attractive nuisance or hazard to the public.
Sec. 9-5-2 Unsanitary or Unsafe Conditions- Emergency Measures
Unsafe conditions such as leaking sewage from broken sewer
lines, open cesspools, excavation pits or other similar unsanitary
or unsafe conditions shall be abated within twenty four (24)
hours by the removal of water service to the building, other
emergency remedial measures reasonably required or by other
legal means available to the administrative authority or
health department.
A. To avoid injury
or damage to its citizens it shall be the policy of this
Town to abate unsafe conditions as soon as reasonably possible
after the condition has been reported to the proper authorities.
No officer or official shall be liable in any manner for
failing to cure or attempting to cure or remedy such condition.
Sec. 9-5-3 Public Nuisances - Abatement Procedure
Public nuisances shall be abated as soon as reasonably possible
by use of the procedure set forth in this Article or other
legal or equitable means.
A. Notice to Owner:
The building official shall examine or cause to be examined
every premise, building or structure or portion thereof reported
as dangerous, damaged, unsafe or as an unsanitary condition.
Should the building official find same to be an unsafe building,
unsafe condition or unsanitary condition as defined in this
Article, he/she shall give the owner of such building, structure
or unsafe or unsanitary premises written notice stating the
defects thereof. This notice may require the owner or person
in charge of the building or premises, within ten (10) working
days, to commence either the required repairs or improvements
or demolition and removal of the building, structure or hazard
or portions thereof. All such work shall be completed within
sixty (60) days from the date of notice, unless otherwise
agreed in writing by the Building Official, if necessary,
such notice shall also require the building, structure or
portions thereof to be vacated forthwith, if occupied, and
not
9-5-3 Health and Sanitation 9-5-3
reoccupied until the required repairs and improvements are
completed inspected and approved by the Building Official.
1. Service
of Notice and Order: The notice and order, and any amended
or supplemental notice and order, shall be served upon the
recorded owner and posted on the premises; and one copy thereof
shall be served on each of the following if known to the
building official or disclosed from official public records;
the holder of any mortgage or deed of trust or other lien
or encumbrance of record: the owner or holder of any lease
of record; and the holder of any other estate or legal interest
of record in or to the building or the land on which it is
located. The failure of the building official to serve any
person required herein to be served shall not invalidate
any proceedings hereunder as to any other person duly served
or relieve any such person from any duty or obligation imposed
on him/her by the provisions of this section. A copy of the
appeal rights set forth herein shall be served with said
notice.
2. Method
of Service: Service of the notice and order shall be made
upon all persons entitled thereto either personally or by
mailing a copy of such notice and order by certified mail,
postage prepaid, return receipt requested, to each such person
at his/her address as it appears on the last assessment roll
of the county or as known to the building official. If no
address of any such person so appears or is known to the
building official, then a copy of the notice and order shall
be so mailed, addressed to such person, at the address of
the building or premises involved in the proceedings. The
failure of any such person to receive such notice shall not
affect the validity of any proceedings taken under this section.
Service by certified mail in the manner herein provided shall
be effective on the date of mailing.
3. Proof
of Service: Proof of service of the notice and order shall
be certified to at the time of service by a written declaration
under penalty of perjury executed by the persons effecting
service, declaring the time, date and manner in which service
was made. The declaration, together with any receipt card
returned in acknowledgment of receipt by certified mail shall
be affixed to the copy of the notice and order retained by
the building official.
B. Posting of Signs:
The Building Official shall cause to be posted at each entrance
to such building or premises a notice to read: “Unsafe
Conditions Exist, Do Not Enter, Unsafe to Occupy, Building
Department, Town of Superior; such notice shall remain posted
until completion of the required repairs, the demolishing
of the building or abatement of the unsafe condition, whichever
shall apply.
C. Right to Demolish:
It shall be unlawful for the owner to fail, neglect, or refuse
to comply with the notice and order to repair, rehabilitate,
abate an unsanitary or unsafe condition, or to demolish and
remove said building or structure or portion thereof within
the time period set out in the notice. In case of such failure,
the Building Official may proceed with the work specified
in such notice. A statement of the cost of such work shall
be transmitted to the Town Council, who may cause the same
to be paid and levied as a special assessment against the
premises or the Town may authorize a civil action for collection
of said costs.
D. Costs: Costs
incurred under subsection (C) shall be paid out of the Town
Treasury. Such costs may be charged to the owner of the premises
involved as a special assessment on the Land on which the
building, structure or unsafe condition is located and shall
be collected in the manner provided for special assessments.
E. Appeal
Procedure: Any person entitled to service under Section 9-5-3
(A) (1) may appeal from any notice, order or action by the
Building Official within twenty (20) days from the date of
the service by filing with the Town Clerk a written notice
of appeal which shall include:
1. The names
of the appellants and a description of the premises involved.
9-5-3 Health and Sanitation 9-5-5
2. The legal
interest of each of the appellants in the land or buildings
involved in the notice or order.
3. All facts
supporting the contentions of the appellant and reasons why
the action should be reversed, modified, or otherwise set
aside on the protested order.
4. The signatures
of all parties named as appellants and their official mailing
addresses.
5. The verification
(by declaration under penalty of perjury) of at least one
appellant as to the truth of the matters stated in the notice
of appeal.
6. Upon receipt
of any appeal filed, pursuant to this Section, the Clerk
shall present it to the Town Council and a public hearing
shall be held within ten (10) working days after the Council
is notified.
7. After
said hearing, the Council may affirm or modify, in part or
in full, the orders of the Building Official. The Council
shall make a specific finding of whether or not a public
nuisance exists on the premises involved and, if it does,
state the remedial measures required and the time period
in which they shall be completed.
F. Remedy
Not Exclusive: The procedures set forth in this Article for
Abatement of Public Nuisances are in addition to all other
legal or equitable remedies available to the Town and nothing
contained herein shall be construed to the contrary.
G. Building Official:
For purposes of this code the Building inspector or Town
Manager or their designees shall be authorized to carry out
the duties of the building official in this article.
Sec. 9-5-4 Unlawful Acts
It shall be unlawful and punishable as provided herein to
maintain or keep any premises, building or structure in violation
of the provisions of this Article or to interfere with the
Building Official in the performance of his/her duties under
this Article.
Sec. 9-5-5 Penalty
Any person, firm or corporation violating any of the provisions
of this Article is guilty of a class two (2) misdemeanor,
and each such person shall be deemed guilty of a separate
offense for each and every day or portion thereof during
which any violation of any of the provisions of this Article
is committed, continued or permitted.
A. Upon conviction
for violation of this Article, and as a condition of probation
the Magistrate is authorized to order restitution to the
Town for all costs or expenses incurred to prosecute for
and abate any nuisance.
9-5-6 Health and Sanitation 9-6-2
Sec. 9-5-6 Costs of Abatement - Liability
Any person, firm or corporation who maintains or keeps any
premises, building or structure in violation of this Article,
shall also be liable to the Town for all costs or expenses
incurred for the abatement of any such nuisance. The provisions
hereof notwithstanding, the Town may in its discretion file
an action in Superior Court to have such premises, building
or structure declared a public nuisance and recover judgment
for costs of removal or injunctive relief where appropriate.
Sec. 9-5-7 Limitation of Liability
This ordinance shall not be construed to require regular
inspections of premises by the Town or an obligation to abate
any public nuisance as defined herein, reported or unreported
within a specific time period. Neither the Town of Superior
nor any of its officers or officials shall be liable in any
manner for injuries or damages which result or are alleged
to have resulted from any delay or failure to enforce the
provisions of this Article.
Article 9-6 SEWER ADMINISTRATION
Section
9-6-1 Management of Sewer/Wastewater System
Section
9-6-2 Receipts and Deposits
Section
9-6-3 Application for Sewer Service
Section
9-64 Grounds for Rejection of Application
Section
9-6-5 Violation of Application Provisions
Section
9-6-6 Notice Required for Discontinuance of Service
Section
9-6-7 Sewer Service May Be Discontinued Under Certain
Conditions
Sec. 9-6-1 Management of Sewer System
The council through the Town of Superior Public Works Department
(the Department), shall have the immediate control and management
of all things pertaining to the Town sewer system and shall
perform, or cause to be performed, all acts that may be necessary
for the prudent, efficient, and economical management and
protection of said system, The council shall have the power
to prescribe, by resolution, such other and further taxes,
fees, rules and regulations as it may deem necessary for
said purposes.
Sec. 9-6-2 Receipts and Deposits
A. Fees for Service.
The Mayor and Council shall establish by resolution fees
to be paid by customers for sewer service. Said fees may
include, but are not limited to, monthly, quarterly, or yearly
rates for sewer service, connection/hook-up fees, development
foes, and reconnection fees, as well as penalties for non-payment.
B. The manager
shall cause the Department to keep a correct account of all
receipts, make out all bills for services supplied and materials
furnished to consumers, collect the same, and deposit the
proceeds so collected to the credit of the Town, and in accordance
with the direction of the council.
9-6-3 Health and Sanitation 9-6-7
Sec. 9-6-3 Application for Sewer Service
Application for the use of sewer service shall be made in
person, at the Town hall, to the Department by the owner,
or agent, of the property to be benefited, designating the
location of the property and stating the purpose for which
the service is required. The connection fee as set by resolution
shall be due at this time.
Sec. 9-6-4 Grounds for Rejection of Application
The Department may reject any application for service for
any good and sufficient reasons including but not limited
to the following: service not available under a standard
rate, service which involves excessive service expense, service
which may affect the service to other consumers, when the
applicant is delinquent in payment of bills incurred for
service previously supplied at any location.
Sec. 9-6-5 Violation of Application Provisions
A. For violation
of any of the provisions relating to application for, or
continuation of, service, the Town may, at the expiration
of thirty (30) days after mailing written notice to the last
known address of the consumer, at its option, dose the hookup
and discontinue service. Before the service is reinstalled,
the consumer shall first pay to the Town a reinstallation
charge and deposit as set by resolution.
B. A consumer may
appeal a cut off notice by filing a written notice of appeal
within thirty (30) days of the date of the notice of termination
was mailed. Such appeal shall be processed as an administrative
appeal. The notice shall be filed with the Town Clerk within
the time period and heard by the Mayor and Council within
twenty (20) days of receipt of such notice.
Sec. 9-6-6 Notice Required for Discontinuance of Service
Any person who desires to discontinue the use of sewer service
shall file written notice with the department. Responsibility
for cost of service extends to the time of actual termination
of service by the Department or to the time specified for
departure, whichever occurs last.
Sec. 9-6-7 Sewer Service May Be Discontinued Under Certain
Conditions
The Department may inspect any premises within the Town