Attachment B - Ordinance G-3446

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Attachment B

@ 3446

ORDINANCE NO.

AN ORDINANCE AMENDING CHAPTER 31 OF THE PHOENIX CITY CODE
BY AMENDING SECTIONS 31-100, 31-101 and 31-102 PERTAINING
TO ASSESSMENT AND COLLECTION PROCEDURES FOR STREET
IMPROVEMENTS; AND DECLARING AN EMERGENCY

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as follows:
SECTION 1. That Chapter 31 of the Phoenix City Code is amended by

amending Sections 31-100, 31-101 and 31-102 to read as follows:

Sec. 31-100. DEFINITIONS

"yacant Land" shall mean no buildings and/or structures occupy the land for
residential, commercial, public nonprofit or irdustrial purposes.

"Undeveloped Land" shall mean a parcel of land that can be further developed
by the addition of buildings or structures of 2,000 square feet or more.

Sec. 31-101. STREET IMPROVEMENTS; ASSESSMENT POLICY

(b) 1. The assessment of property, if adjacent arterial streets are
involved, shall be limited to curb, sidewalk and paving between the edge
of existing paving and the curb and gutter, or one lane width (whichever
is less). The assessment may not exceed one thousand (1,000) lineal
feet of street frontage per common ownership.

(b) 2. Any parcel of land on an arterial street which, at the time of
assessment, is used for single-family residential use, with single-
family zoning, and the frontage of which does not exceed two hundred (200)
lineal feet, shall not be assessed.

(b) 3. The provisions of Section 31-101 shall not apply to property
located within a Council-approved "Redevelopment Area".

,
(b) 4. The provisions of Section 31-101 may only be applied if the
arterial street being improved is at least sixty percent (60%) completed
with standard paving and curb and gutter and sidewalk from beginning of
permanent pavement to end of permanent pavement. The sixty percent
(60%) completion is measured along the frontage of the parcels contained
within the project and includes those parcels that are non-assessable
as defined elsewhere in this ordinance.

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31-102

(a) The Council, at a public hearing, shall determine the necessity

of street improvements if the cost thereof is to be assessed against
adjacent property. Notice of said hearing shall be given to the owners,
their agents/attorneys, and other affected persons who may be assessed
for the costs of improvements, by regular mail no less than 30 days prior
to the date of the hearing. Notice of hearing shall contain:

1. <A description of the proposed street improvements.
2. The estimated cost of assessment for each affected parcel of property.

(f) (4.) The Building Safety Director shall collect any unpaid assessment
prior to issuing a building permit for additions to existing structures,
as follows:

A. At least 2,000 square feet for additions to buildings with an existing
floor area of 20,000 square feet or less, or

B. 10% of the floor area of the existing structure, for buildings with
an existing floor area of more than 20,000 square feet.

C. I£ additions are less then the requirements of Section 31-102 (f£)
(4.) A and B the cumulative total of the square footage of multiple
additions will apply during the assessment 10-year life.

(i) The owner of a parcel of land to which a lien was attached pursuant
to Article 31, Sec. 31-102(e), Phoenix City Code, may, in writing,
petition the Street Transportation Director for a hearing to determine

if a contemplated improvement constitutes a "Development" for purposes

of Article IX, Sec. 31-102(f), Phoenix City Code. If the Street
Transportation Director finds that the contemplated improvement is less
than two thousand (2,000) square feet or that the contemplated improvement
does not come within the provisions of Article IX, Sec. 31-102(f) then

he shall order that no assessment be collected on petitioner's property
because of the contemplated improvement. For projects with 20,000 square
feet or more, an assessment will be applied if the expansion is 10% or
more of the principal structure.

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. Vi, City Attorney
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SECTION 2. WHEREAS, the immediate operation of the provisions of

this Ordinance is necessary for the preservation of the public peace, health,
and safety, an EMERGENCY is hereby declared to exist, and this Ordinance shall
be in force and effect from and after its passage by the Council as required

by the City Charter and is hereby exempted from the referendum clause of said

Charter. LO }
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PASSED by the Council of the City of Phoenix this” 3x4) day
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of July _, 1991. fof AS
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ATTEST:

4 ACTING
Or City Clerk

APPROVED AS TO FORM:

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REVJEYWO BY: “=

ASSISTANT.

Manager

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Ord. No.