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Case: T13DV07153

Case Details

Status:

COMPLIAN

Type:

JUNK MOTOR VEHICLES
Address:

Entered Date:

09/23/2013

Applicant:

RAFAEL & FRANCISCA IBARRA

Description:

Ice cream trucks stored on site for years. They appear inoperable, and may be leaking fluids. Please see copy of message. (PRO)

Case Violations

Case Number: T13DV07153
Case Status: COMPLIAN
Case Description: JUNK MOTOR VEHICLES
Total Violations: 2
Violation Date Code Statue
09/25/2013 UDC, Sec. 10.3.4. VIOLATION OF CONDITIONS OF APPROVAL Failure to comply with the requirements or conditions of approval on any of the various zoning compliance procedures as provided by the UDC, such as, but not limited to, Special Exception, Design Development Option, Temporary Use, or Home Occupation procedures, constitutes a violation of the UDC.
09/25/2013 T.C. Ch. 16, Sec. 16-15. JUNKED OR INOPERABLE VEHICLES. (a) Prohibited Storage: (1) No person owning or having custody of any junked or inoperable vehicle may store such vehicle on private property, or on any sidewalks, streets or alleys, within the city, except as otherwise permitted under this section; (2) No person owning, occupying or in control of any private property within the city may store any junked or inoperable vehicle on the owned or occupied property, or on any abutting sidewalks, streets or alleys, except as otherwise permitted under this section; (b) Permitted Storage: This section shall not apply to any junked or inoperable vehicle stored on private property if the vehicle: (1) Is on the premises of a business enterprise operated in a lawful place and manner and licensed by the City under chapter 19 of the Tucson Code, and the storage of the vehicle is necessary to the operation of the business enterprise; or; (2) Is lawfully enclosed within: a. An enclosed garage or other permanent building lawfully constructed of opaque materials without openings, holes or gaps other than doors and windows; b. A carport, and an opaque car cover designed for that purpose (and not including tarps, bed sheets, plastic sheeting, or similar materials) completely covers the body of the vehicle; or c. The rear yard or side yard and screened by any fence, wall or barrier, not less than five (5) feet in height, constructed of opaque materials which screens it from view from any adjacent properties and the public right-of-way, and is equipped with self-latching gates or doors. Such fence, wall or barrier must comply with section 16-12(e). (c) Persons Responsible: Whenever the city finds that any junked or inoperable vehicle is stored on private property or on any abutting sidewalks, streets or alleys in violation of this section, the persons responsible for the violation include the recorded owner, occupant or person in control of the private property, as well as the registered owner or custodian of the vehicle.

Outstanding Inspections

Case Number: T13DV07153
Case Status: COMPLIAN
Case Description: JUNK MOTOR VEHICLES
Total Outstanding Inspections - 3
End Date Description Inspector Results Comments
10/30/2013 LUC - ILLEGAL HOME OCCUPATION RVIDAL Item closed
10/30/2013 LUC - VIOL OF SITE PLAN - COND RVIDAL Item closed
10/30/2013 NPO - JUNKED/INOP. VEHICLE(S) RVIDAL Item closed

Completed Inspections

Case Status: COMPLIAN
Case Number: T13DV07153
Case Description: JUNK MOTOR VEHICLES
Total Completed Inspections - 2
End Date Description Inspector Results Comments
09/24/2013 INSP - INITIAL CODE ENFORCMENT RVIDAL Approved Met with the son and advised that the complaint came in for the ice cream trucks being parked on the property. The son was told from the other complaints to talk to zoning if he wants to have the ice cream trucks parked on the property and needs to be approved due to the size of the trucks. Gave the phone numbers to call P.D.S.D. to ask about what can be done to keep the trucks on the property. Will do N.O.V. RV.
10/30/2013 INSP - FOLLOW UP CODE ENFORCE RVIDAL Approved The vehicles have been removed from the property. At this time the case will be closed. Violation Abated, Close Case. RV.

Outstanding Case Activity Conditions

Date Name Approved
09/25/2013 LUC, Sec. 3.5.7.2 HOME OCCUPATION: General Application. (Definition, Sec. 6.2.8) Home occupations require approval through a Zoning Compliance Review, Sec. 23A-31, and are subject to the following. (Ord. No. 9967, ยง3, 7/1/04) A. A home occupation shall be clearly secondary to the residential use of the dwelling. B. A home occupation shall be conducted in such a manner that it is compatible with the residential character of the neighborhood in which it is located. C. No more than twenty-five (25) percent of all buildings on the lot may be devoted to the home occupation. A detached accessory building of not more than two hundred (200) square feet in area may be used for such home occupation. D. Persons other than those residing in the dwelling shall not be employed in the home occupation, except that one (1) nonresident of the premises may be employed in the IR, RH, SR, SH, O-2, O-3, NC, C-1, C-2, C-3, OCR-1, and OCR-2 zones. E. Goods related to the home occupation shall not be visible from the street. F. Goods shall not be sold on the premises. G. Outdoor storage of materials or equipment related to the home occupation activity is not permitted on the premises. H. Except for permitted signage, the home occupation use shall not substantially alter the exterior appearance or character of the residence in which it is conducted, either by exterior construction, lighting, graphics, or other means. I. No more than one (1) sign may be visible from the exterior of the property used as a home occupation. The sign shall not exceed one (1) square foot in size. Signs must also conform to Chapter 3 of the Tucson Code. J. A home occupation shall not create any nuisance, hazard, or other offensive condition, such as that resulting from noise, smoke, fumes, dust, odors, or other noxious emissions. Electrical or mechanical equipment that causes fluctuations in line voltage, creates any interference in either audio or video reception, or causes any perceivable vibration on adjacent properties is not permitted. K. No more than five (5) clients per day, and only one (1) client at a time, are allowed on site. L. Motor vehicle and bicycle parking is not required for home occupation - general application. The home occupation may involve the use of no more than one (1) commercial vehicle for the transportation of goods or materials to and from the premises. The commercial vehicle is limited to a passenger car, van, or pickup truck. This vehicle may not be more than twenty (20) feet in overall length and not more than seven (7) feet in overall height and must be parked on private property in a carport or garage or shielded from view from adjoining properties by landscaping, fencing, or screening material. Motor vehicle and bicycle parking necessitated by the conduct of such home occupation shall be provided on site. M. Automotive - Service and Repair, hair salon, and Medical Service uses are prohibited as home occupations. Not Approved

Completed Activity Special Conditions

Case Description - JUNK MOTOR VEHICLES
Case Number - T13DV07153
Case Status: COMPLIAN
Total Completed Case Activity Conditions: 3
Date Name
10/01/2013 CONTACTED BY MAILING
10/01/2013 NOTICE OF VIOLATION ISSUED
11/01/2013 VIOLATION CLOSED

Documents

File Name Document Type  
NOV T13DV07153 9-26-13.PDF DOCUMENTS VIEW