HPC ATTACH_DRAFT HP ORDINANCE AMENDMENTS_51326.DOC

Ordinance No. _____
ORDINANCE NO. O20XX.xx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 
TEMPE, ARIZONA, AMENDING CHAPTER 14A - HISTORIC 
PRESERVATION, SECTION 14A-11 RELATING TO 
VIOLATIONS.
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WHEREAS, the voters of the City of Tempe established the Ternpe City Charter in 1964 
that vests policymaking in the Tempe City Council; and 
WHEREAS, the City of Tempe is required, under City Code, Chapter 14A (Historic 
Preservation Ordinance), to “protect significant properties and archaeological sites that 
represent important aspects of Tempe's heritage” and “to enhance the character of the City of 
Tempe by taking such properties and sites into account during development.” 
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TEMPE, 
ARIZONA, as follows: 
Section 1. That Tempe City Code Chapter 14A, Historic Preservation, Section 14A-11 - 
Violations is hereby amended as follows: 
Sec. 14A-11. – Violations.
(a)  Any person who constructs, alters, neglects, demolishes or removes a designated property 
or portion thereof in violation of the provisions of this chapter may be required to restore the 
property to its appearance prior to the violation, AND SHALL BE SUBJECT TO PUNISHMENT 
ACCORDING TO SUBSECTION D BELOW.
(B) ANY PERSON WHO EXCAVATES, DEFACES, OR DAMAGES AREAS CLASSIFIED AS 
“ARCHAEOLOGICALLY SENSITIVE” (AS DEFINED IN SEC. 14A-2) WHILE PERFORMING 
WORK AS A CONTRACTOR OR SUBCONTRACTOR ON A CITY OF TEMPE PROJECT, ON 
A PROJECT ON CITY OF TEMPE-OWNED PROPERTY, OR ON A PRIVATE PROJECT 
SUBJECT TO ARCHAEOLOGICAL MITIGATION REQUIREMENTS IMPOSED BY TEMPE 
CITY COUNCIL, SHALL CONSTITUTE A VIOLATION, PUNISHABLE ACCORDING TO 
SUBSECTION D BELOW.
(b) (C)  Enforcement of this section shall be the responsibility of the City Manager or designee. 
Any resulting action regarding a violation of any provision of this chapter shall be brought by the 
City Attorney.
(c) (D)  Violations of any provision of this chapter shall be punishable as set forth in Section 1-
7 of this Code.

Ordinance No. _____
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE, 
ARIZONA, this ________ day of ________________, 20____.
Corey D. Woods, Mayor
ATTEST:
                                      
Kara A. DeArrastia, City Clerk
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney