Ordinance No. 25-26 Chapter 26 Code Amendment.pdf

ORDINANCE NO. 25-26
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE,
ARIZONA, DECLARING AS PUBLIC RECORDS THOSE DOCUMENTS ON
FILE WITH THE CITY CLERK ENTITLED “PROPERTY MAINTENANCE
CODE;”; AMENDING CHAPTER 15, BUILDING REGULATIONS, ARTICLE 5-2,
BUILDING CODES BY REAPEALING SECTION 15-2-8, PROPERTY
MAINTENANCE CODE, AND ADOPTING CHAPTER 26, PROPERTY
MAINTENANCE CODE; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES AND PROVISIONS; PROVIDING FOR SEVERABILITY; AND
SETTING FORTH PENALTIES FOR VIOLATIONS.
WHEREAS, those certain documents entitled “Property Maintenance Code” of which at
least three paper copies or one paper copy and one electronic copy are on file in the Office of
the City Clerk and open for public inspection during normal business hours, are hereby declared
to be public records and said copies are ordered to remain on file with the City Clerk; and
WHEREAS, the Mayor and Council believe that it is in the best interests of the City to
repeal the City Code, Chapter 15, Building Regulations, Article 15-2, Building Code, Section 15-
2-8, Property Maintenance Code, and further adopting Chapter 26, Property Maintenance Code;
and
WHEREAS, the Mayor and Council of the City of Buckeye, Arizona (“City”) are
authorized by City Code Chapter 2, Article 2-5, Section 2-5-4 to adopt or amend all ordinances
necessary or proper for the carrying into effect of the powers vested in the City.
BE IT ORDAINED, by the Mayor and Council of the City of Buckeye, Arizona, as follows:
Section 1. The foregoing recitals are incorporated as if fully set forth herein.
Section 2. Those certain documents entitled “Property Maintenance Code,” of which
at least three paper copies or one paper copy and one electronic copy are on file in the Office of
the City Clerk and open for public inspection during normal business hours, are hereby referred
to, adopted, and made a part hereof as if fully set out in this Ordinance.
Section 3. The City Code, Chapter 15, Building Regulations, Article 15-2, is hereby
amended by repealing Section “15-2-8, Property Maintenance Code”.
Section 4. The City Code, Chapter 26, Property Maintenance Code, is hereby
adopted.
Section 5. All unmodified sections of the City Code, Chapter 15, Building
Regulations, remain in full force and effect.
Section 6. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section 7. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
thereof.
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Section 8. Violations of Chapter 26, Article 26-3, Section 26-3-2 are subject to the
following penalties;
26-3-2 CIVIL SANCTIONS
A. Any person, business, corporation, enterprise or similar who is found responsible for
committing a civil code infraction or who causes, permits, facilitates, or aides and abets any
civil code infraction is subject to the following fines –
1) INDIVIDUAL OWNERSHIP – For a first or second offense the defendant will be subject
to a fine not less than $150 and no more than $250. The third and each subsequent
offense of the same code within a twenty-four (24) month period will be subject to a fine
not less than $300 and no more than $450. The 24- month period will commence on the
latest date that any civil citation has concluded.
2) BUSINESS, CORPORATION, ENTERPRISE OR SIMILAR OWNERSHIP – For a first
or second offense the defendant will be subject to a fine not less than $200 and no
more than $350. The third and each subsequent offense of the same code within a
twenty-four (24) month period will be subject to not less than $400 and no more than
$550. The 24- month period will commence on the latest date that any civil citation has
concluded.
B. These fines will be assessed for each violation/charge and all penalties are subject to all
surcharges and fees imposed by the city municipal court or state law. The court shall have
the power to suspend any portion of the civil penalty, on a first or second offense, if a
charge/violation is found to be in compliance.
C. Each day that a violation continues after due notice has been served shall be deemed a
separate offense.
Section 9. Violations of Chapter 26, Article 26-3, Section 26-3-3 are subject to the
following penalties;
26-3-3 PENALTY FOR FAILURE TO APPEAR
A. If the defendant fails to appear as directed on the citation, the court shall enter a default
judgment for each charge in the amount of the fine indicated in Section 26-3-2A. Additionally,
the defendant may be fined up to $100.00 for failure to appear at the time and place set for
any civil violation.
Section 10. Violations of Chapter 26, Article 26-3, Section 26-3-4 are subject to the
Following penalties;
26-3-4 CRIMINAL PENALTIES AND FINES
A. Criminal penalties for a violation of this code shall constitute a class one misdemeanor,
punishable by a fine not to exceed $2,500.00 or by imprisonment for a period not to
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exceed six (6) months, or by both such fine and imprisonment. Each day that a
violation continues shall be a separate offense.
Section 11. The Mayor, City Manager, City Attorney, and City Clerk are hereby
authorized and directed to take all steps necessary to carry out the purpose and intent of this
Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, this
6th day of October, 2026.
Eric W. Orsborn, Mayor
ATTEST:
Summer Stewart, Interim City Clerk
APPROVED AS TO FORM:
Tosca Henry, City Attorney
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