R22-12-26 - Exhibit A

City of El Mirage — Regular Meeting (2022-12-06)

View PDF Item 2 Meeting page

Extracted text (via pymupdf) 7440 characters
EXHIBIT “A” 
RESOLUTION R22-12-26 
 
Title V, Chapter 50: “Water”, Section 015 Application for water and other utility 
services: is amended as follows:  
 
§ 50.015 APPLICATION FOR WATER AND OTHER UTILITY SERVICES. 
(A) Applications for water, sewer and sanitation services provided by the city 
(hereinafter “utility services”) shall be made, in person, at the city hall or by alternative 
means set by the city. The owner of the property, as reflected in the records of the 
Maricopa County Assessor’s Office, or the owner’s authorized representative, 
evidenced by a notarized power-of-attorney or Arizona Department of Real Estate 
Licensee’s listing agreement executed by the owner, or a tenant/lessee providing a duly 
executed lease or rental agreement may apply for utility services to be provided by the 
city. If the ownership of a recent transferee of property is not reflected in the County 
Assessor’s records, ownership may be established by a fully executed sales agreement 
or other documentation acceptable to the city. 
 
(B) Any application for utility services submitted by a corporation, business, or other 
entity not an individual person, or a person who will not or does not reside at the service 
address must 1) provide local contact information for a property manager or agent who 
can address emergency conditions, code violations, or accept legal service for the 
property on behalf of the applicant; 2) provide occupant information; and 3) as applicable, 
must show proof that the property is currently registered under the Maricopa County 
Rental Registry in compliance with A.R.S. 33-10-2. 
 
(Prior Code, § 14-2-1)  (Ord. O10-06-08, passed 6-24-2010; Ord. O11-02-04, passed 2-
10-2011) 
 
Title V, Chapter 52: “Sanitation”, Section 15 Preparation of residential refuse: is 
amended as follows:  
 
§ 52.15 PREPARATION OF RESIDENTIAL REFUSE. 
All refuse shall be prepared for collection or disposed of as follows. 
 
(A) Mandatory trash containers and payment per each household. Upon payment of a 
non-refundable fee in an amount set by the City, residential unit customers shall receive 
a City provided garbage container and/or a recycling container compatible with the rapid-
rail collection system. All costs associated with replacing garbage and/or recycling 
containers shall be the responsibility of the residential unit customer.  In the event 
garbage generated by commercial unit customers is compatible with the use of a rapid-
rail garbage container and/or a recycling container, the City may elect to allow the 
commercial unit customer to make payment of a non-refundable fee in an amount set by 
the City, and the customer shall receive the use of a City provided garbage container 
and/or recycling container compatible with the rapid-rail collection system. All other 
commercial unit customers shall provide their own dumpster-type containers which must 
be compatible with the collection system then in use by the City. All 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 City for further use. Legal notice of a condemnation shall consist of a 
label or tag affixed to the container, which tag shall contain the following wording: 
 
“The container to which this label is attached is no longer serviceable through disrepair 
or is maintained in an unsanitary condition, and for that reason it is condemned for further 
use. This label is notice that the receptacle will be removed and destroyed by the city 
unless replaced or placed in a satisfactory condition within 15 days from its date. You 
may request a hearing as to the condition of the receptacle by calling telephone #        ,or 
by writing to        at the address noted. If you request a hearing, the receptacle will not be 
destroyed until completion of the hearing and a determination by the hearing officer. All 
costs associated with a hearing will be the responsibility of the non-prevailing party.  If 
you do not request a hearing, the receptacle will be destroyed after 15 days from the date 
of this notice. Dated this      day of      , 20    . City of      , by        (authorized signature).” 
 
(B)  Brush. Brush shall be cut into such a size that one person can readily load the 
individual pieces into a truck or chipper, 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. 
 
(C) Appliances and vehicles. The customer shall remove or cause to be removed all 
appliances, vehicles, or equipment classed as refuse from their premises or the public 
right-of-way. 
 
(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 the 
structure, including all lumber scraps, shingles, plaster, brick, stone, concrete, and other 
building material, and shall place the lot and all nearby premises utilized in the 
construction in a sightly condition. Residential customers may dispose of small amounts 
of building materials from time to time, providing it is placed in a container as described 
above and contains no concrete, masonry, or soil. 
 
(E) Commercial Unit Customers. All commercial unit customers shall provide their own 
dumpster-type containers using a commercial, licensed business which provides such 
service and arrange for regular collection pursuant to Arizona Administrative Code Title 
18, Chapter 13. Dumpsters are required to have an enclosure as described in El Mirage 
Zoning Code §154.107(D). 
 
(F) Dangerous waste. Dangerous wastes shall be placed in a proper container, plainly 
marked “DANGER”. The city reserves the right to deny service for certain dangerous 
wastes and to require the customer to properly dispose of it by other means. 
 
(G) Soil and concrete. Waste soil, concrete, masonry blocks, sod, and rocks shall be 
disposed of by the owner, tenant, or occupant of the premises. 
 
(Prior Code, § 10-2-1)  (Ord. O11-08-13, passed 8-25-2011) 
 
Title V, Chapter 52: “Sanitation”, Section 16 Location for pick up: is amended as 
follows:

§ 52.16 LOCATION FOR PICK UP. 
Containers used for residential garbage, rubbish, and recycling shall be placed for 
collection as follows: 
 
(A) Containers set out for collection must be placed in the street in front of the house 
to which they are assigned, with the wheels adjacent to the rolled or vertical curb of the 
sidewalk, or where there is not sidewalk within 12 inches of the edge of the street, 
pavement, or right-of-way, and the lid opening toward the street. Containers shall be 
placed at least three feet from another container and at no time may containers be left 
on sidewalks or curbing in any manner as to be hazardous to pedestrians or vehicles. 
 
(B) Containers may be set out after 6:00 p.m. of the day preceding regular collection 
and shall be removed from the curb by 6:00 a.m. of the day after collection. Containers 
shall be stored between collections on or in the premises in such a manner that they are 
not readily visible from the street. 
 
(Prior Code, § 10-2-2) (Ord. O13-04-07, passed 4-16-2013; Ord. O19-12-17, passed 
12-3-2019)