ARTICLE IV.
PUBLIC NUISANCES AND PROPERTY MAINTENANCE
DIVISION 1. PURPOSE, AUTHORITY, DEFINITIONS AND PROHIBITIONS1
Sec. 7-161 Purpose and scope.
(a) The purpose of this article is to define and prohibit public nuisances and to provide guidelines for enforcement.
(b) Except as otherwise provided, this article shall apply to all land within the City of Kingman without regard to the use or occupancy or the date of acquisition or annexation.
(Ord. No. 1266, 9-5-00; made pub. rec. by Res. No. 3571, 9-5-00)
Sec. 7-162 Enforcement authority.
(a) The city code enforcement officer, in coordination and cooperation with such other city officials as have been designated by the city manager or by code or regulation adopted by the city, is hereby authorized and directed to enforce all provisions of this article.
(b) In enforcing this article, the code enforcement officer, or other designated city official, may take one (1) or more of the following actions:
(1) Informal intervention with the responsible party.
(2) Where the violation is on public property, such as noncompliant posting of signs in a public right-of-way, take summary action to remove the violation and, where possible, serve notice of the action or written warning, issue a citation and/or prepare and serve a long form complaint on the responsible party.
(3) Issue a notice and order to abate to the responsible party in accordance with the procedures set forth in Division 3 of this article.
(4) Issue a criminal or civil citation, pursuant to Kingman Code section 1-8, to the responsible party in accordance with the procedures set forth in Division 3 of this article.
(5) File a long form complaint for criminal or civil penalties, pursuant to Kingman Code section 1-8, with the Kingman Municipal Court against the responsible party in accordance with the procedures set forth in Division 3 of this article.
(6) In the case of an imminent hazard or a building or structure which is unfit for human habitation, with the concurrence and approval of the city manager, take emergency remedial action or issue an order to vacate the premises in accordance with the procedures set forth in Division 3 of this article.
(c) The authority of the code enforcement officer to enforce the provisions of this article is independent of and complementary to the authority of other city officials to enforce the provisions of any other statute, code or regulation. The remedies provided for in this article are cumulative and in addition to any other remedies established by law, and this article shall not be interpreted as limiting the penalties, actions or abatement procedures which may be taken by the city or other officials under other laws, ordinances, or rules.
(Ord. No. 1266, 9-5-00; made pub. rec. by Res. No. 3571, 9-5-00)
Sec. 7-163 Inspections.
(a) The code enforcement officer or such other city official as designated by the city manager, or by code or regulation adopted by the city, is hereby authorized to make inspections for violations of this article in the normal course of job duties or in response to a citizen complaint when there is reason to believe that a violation of this chapter has been or is being committed and where necessary to certify compliance with an enforcement action.
(b) In order to investigate possible violations or to determine compliance with this article, private property may be entered with the consent of the owner or occupant. If consent is denied or cannot be obtained, private property may be entered with an administrative warrant issued by a court of competent jurisdiction.
(Ord. No. 1266, 9-5-00; made pub. rec. by Res. No. 3571, 9-5-00)
Sec. 7-164 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Abandoned or junk vehicle means any vehicle that is partially or wholly dismantled, discarded, wrecked, on blocks or similar devices, stripped, or scrapped; or a vehicle with one (1) or more deflated tires or from which a wheel or tire has been removed; or any motor vehicle which is inoperable due to mechanical failure or mechanical disassembly or other reasons which may also be evidenced by the absence of a current registration or license plate lawfully assigned or affixed thereto.
Authorized private receptacle means a litter, refuse or trash storage and collection receptacle as required and authorized pursuant to the City of Kingman Municipal Utilities Regulations.
Dismantled means materially altered by removal of essential parts.
Garbage means an accumulation of spoiled or discarded animal or vegetable material resulting from the handling, preparation, cooking or consumption of food for humans or animals, as well as other organic waste material subject to rapid decomposition.
Garage sale. See yard sale.
Graffiti means unauthorized inscriptions, markings or drawings that are written, spray-painted, carved, etched or drawn on a stationary structure, such as a sidewalk, wall, building, fence, sign, rock, tree or some other similar surface, whether natural or manmade, so as to be discernible from beyond the boundaries of the property and which degrades the appearance of property.
Grass includes but is not limited to barnyard grass, bermuda grass, bluegrass, bromegrasses, crab grass, foxtail, johnson grass, ragweed, rye grass, wild oats, or hybrids thereof.
Hazard means a condition that presents a threat to life or public safety or that may cause physical harm.
Hazardous wastes means sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, or other discarded materials, including solid, liquid, semisolid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations or from community or private activities which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of or otherwise managed.
Imminent hazard means a condition that presents an immediate threat to life or public safety or the likelihood of causing personal physical harm.
Improved property means land on which buildings or other structures are located or which has otherwise been developed for a legal use.
Junk means items that in their present state are of little or no apparent or objective economic value, except that which is confined within an industrial or commercial area in compliance with the Kingman Zoning Ordinance, including but not limited to discarded or scrapped furniture; glass, metal, paper, or machinery parts; inoperative machinery or appliances; vehicle bodies or parts, including tires; building material; litter; or discarded or empty containers. Junk also includes all types of solid waste described in the Kingman Municipal Utilities Regulations.
Land means all land in the City of Kingman, whether improved or unimproved.
Litter means any rubbish, refuse, waste materials, weeds, paper, glass, cans, bottles, organic or inorganic trash, debris, dead animals, or any foreign substance of any kind or description, including abandoned or junk vehicles, regardless of their value.
Littering means the act of placing, dumping, throwing or depositing litter.
Manure means animal excreta, including that accumulated in or from barns, stables, corrals, pens or conveyances used for stabling, transporting or penning of animals or fowl.
Notice to abate means a notice issued to a property owner or occupant concerning a violation of this article or other code or regulation adopted by the City of Kingman.
Occupant means the person occupying or having possession or custody of a structure or premises as an owner, a lessee or otherwise.
Owner means the person indicated on the public records as the owner of record of the property in question.
Person means a human being, enterprise, corporation, association, partnership, firm or society.
Plant growth means vegetation, whether living or dead, such as grass, weeds, vines, bushes, cactus, or trees.
Polluted means a condition that exists in water and is characterized by bacterial growth, algae, insect infestation, the remains of litter, debris, garbage, or other foreign matter which, because of its nature or location, constitutes an unhealthy, unsafe, or unsightly condition.
Public place means any street, sidewalk, boulevard, alley, right-of-way, or other public way and any public park, square, space, ground, path, trail or building.
Refuse means all biodegradable or nonbiodegradable solid or semisolid wastes, except human excreta, but including garbage, rubbish, ashes, trash, manure, dead animals, junk vehicles, construction materials and industrial wastes.
Responsible party means an owner, lessee, cotenant, occupant, manager or other person responsible for the maintenance or condition of the real property, including buildings, grounds, lots or premises, or a person otherwise charged with a violation of this article.
Rubbish means all nonbiodegradable solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, waste metal, tin cans, yard clippings, wood, glass, bedding, crockery, construction and similar materials.
Stored means parking, leaving, locating, keeping, maintaining, depositing, remaining, or being physically present on private property.
Street, alley or highway means any existing or proposed street, avenue, boulevard, road, lane, parkway, place, bridge, viaduct or easement for public vehicular access or a street shown in a plat heretofore approved pursuant to law or a street in a plat duly filed and recorded in the county recorder’s office. A street includes all land within the street right-of-way whether improved or unimproved, and includes such improvements as pavement, shoulders, curbs, gutters, sidewalks, parking space, bridges and viaducts.
Trash means paper, rags, old clothing, paper containers, pieces of wood, rubber or plastic, boxes, barrels or crates, construction materials, feathers, weeds, grass and tree limbs or shrub limbs.
Unimproved property means bare land upon which no buildings or other structures have been erected or which is otherwise undeveloped for a legal use.
Unfit for human habitation means in such dilapidated or unsafe condition as to present an immediate safety or fire hazard or in such unsanitary conditions as to be a menace to health or lacking water, sewer or electrical facilities for proper maintenance of sanitary, safe and healthful conditions.
Vehicle means every device by which any person or property is or may be transported or drawn upon a street or highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
Weeds means any vegetation which is, or is likely to be, detrimental, destructive or unsightly and difficult to control or eradicate, including but not limited to bull thistle, cocklebur, foxtail, horseweed, lambsquarters, london rocket, mallow, milkweed, pigweed, mustards, prickly lettuce, ragweed, russian thistle, shepardspurse, sowthistle, white horsenettle, willow weed and those types of plant growth defined as noxious weeds by A.R.S. § 3-201 regardless of whether a particular property owner or occupant who is the subject of enforcement action under this Code regards the growth as desirable.
Yard sale means the sale of personal household items displayed in a garage, yard or driveway.
(Ord. No. 1266, 9-5-00; made pub. rec. by Res. No. 3571, 9-5-00; Ord. No. 1735, § 1, 8-21-12)
Sec. 7-165 Public nuisances prohibited.
The following acts, omissions, conditions, and things in or upon any land or structure in the city, or the failure to comply with any of the following standards, constitute public nuisances, the existence of which are hereby prohibited and declared to be unlawful. The provisions of this section are not exclusive and may be duplicative of other provisions, codes and regulations adopted by the City of Kingman; all provisions, codes and regulations of the City of Kingman, including those in this section, may be applied cumulatively or separately for purposes of enforcement.
(a) It shall be unlawful to maintain any condition defined as or deemed to be a nuisance or hazard to the public health, safety, or welfare by any statute of the State of Arizona or any code or ordinance adopted by the City of Kingman. These include but are not limited to the Kingman Code, the Kingman Zoning Ordinance, the adopted Fire Codes, adopted Building Codes, adopted Housing Codes, and similar codes or any provision of any state statute or code or ordinance adopted by the City of Kingman and intended to protect the character, safety or attractiveness of a neighborhood or area.
(b) It shall be unlawful for any person to cause or allow the storage of any abandoned or junk vehicle except where such storage is in complete compliance with this article and the City of Kingman Zoning Code.
(1) In residential areas, all abandoned or junk vehicles being stored, restored or repaired shall be kept safely within a lawful building or structure or behind a lawful fence in such a manner as to not be visible from beyond the lot boundaries; for vehicles stored outside a lawful building or structure, there shall be no more than three (3) such vehicles.
(2) Abandoned or junk vehicles shall not be stored on the premises of a business enterprise unless the enterprise is lawfully licensed under the Kingman Code for such purpose, or such storage is necessary to the operation of the business enterprise, and such storage is otherwise screened and in conformance with the Kingman City Code and Zoning Ordinance.
(c) No person shall allow, deposit, store, accumulate or maintain garbage, trash, refuse, rubbish, litter or junk, except as authorized for collection under the Kingman Municipal Utilities Regulations.
(d) All persons owning or occupying land, whether improved or unimproved, shall keep the sidewalks or public places fronting or bordering their property free of garbage, trash, refuse, rubbish, litter or junk, and weeds or grass in excess of six (6) inches high; provided, however, this section shall not prohibit the temporary storage of such materials in authorized receptacles for collection in compliance with the Kingman Municipal Utilities Regulations.
(e) No owner or occupant of land, whether improved or unimproved, shall allow trees, shrubs, or plant growth on that land to encroach upon or impede, obstruct or interfere with passage on any street, sidewalk or alley within the city or to obstruct visibility of any traffic control device or signal. Such clearance shall be a minimum of seven (7) feet over a sidewalk and fifteen (15) feet over the roadway.
(f) No owner or occupant of land, whether improved or unimproved, shall allow plant growth which is dead, dormant or so dry as to be readily flammable or combustible or that may otherwise constitute a fire hazard or other threat to public health or safety.
(g) No person shall deposit into, sweep upon or allow or permit to drain into any public right-of-way or place any hazardous material, garbage, trash, refuse, rubbish, litter or junk, or similar matter which is offensive to sight or smell or impedes passage or is detrimental to public health.
(h) It is unlawful for the owner or occupant of land to cause or permit disagreeable or obnoxious odors to emanate beyond the boundaries of the land.
(i) Reserved.
(j) It is unlawful to allow any swimming pool or similar body of water to stagnate and thereby become eutrophic, polluted, or offensive to the senses and unsafe for its intended use.
(k) No owner or occupant of land, whether improved or unimproved, shall cause or permit unreasonable quantities of smoke, noxious fumes, gas, soot or cinders to emanate beyond the boundaries of that land.
(l) Reserved.
(m) It is unlawful for any owner or occupant of land to fail to properly repair, remove or replace any collapsed or fallen fence adjacent to the public right-of-way as per the Kingman Zoning Code.
(n) It is unlawful for any person to display any vehicle or boat for sale on vacant, unimproved or undeveloped property, and no owner or occupant of vacant, unimproved or undeveloped property shall allow or permit such displays.
(o) Reserved.
(p) Except for specific permitted or licensed activities, it shall be unlawful for any person to display any article for sale outdoors on any property, whether improved or unimproved, or on any public place; and no owner or occupant of property, whether improved or unimproved, shall allow or permit such outdoor displays, except for specifically permitted or licensed activities.
(q) In residential zones, it shall be unlawful for any person to park or store and for an owner or occupant of land to allow or permit any person to park or store on the owner’s or occupant’s land any commercial vehicle having a gross vehicle weight rating (GVWR) exceeding sixteen thousand (16,000) pounds, except that temporary parking is permitted for the purpose of delivery or the loading and unloading of household goods.
(r) No person shall place any sign in any public right-of-way or attach any sign to any public utility structure, traffic control device, traffic light standard, or similar structure, except signs erected by a public utility or government agency and those permitted by city ordinance, but only for those places, times and specific purposes permitted.
(s) Reserved.
(t) It shall be unlawful for any person to willfully or negligently permit or cause the escape or flow of water from the municipal water system in such quantity as to cause flooding, impede vehicular or pedestrian traffic, create a hazardous condition to such traffic, create a condition which constitutes a threat to the public health and safety, or cause damage to the public streets or alleys of the city.
(u) It shall be unlawful to have any yard sale in excess of three (3) days in a row or more than five (5) times in a calendar year at any single residence. Yard sales must be spaced at least four (4) days apart.
(Ord. No. 1266, 9-5-00; made pub. rec. by Res. No. 3571, 9-5-00; Ord. No. 1418, § 2, 3-1-04; Ord. No. 1736, § 1, 8-21-12)
Sec. 7-166 Penalties.
Civil and criminal penalties for violations of this article shall be pursuant to the Kingman Code of Ordinances section 1-8. In addition and concurrently, the city may employ all other enforcement remedies, and impose all other sanctions, available to it under this article or as otherwise provided by law.
(a) A minimum fine shall be imposed as follows:
(1) For a first time offense: one hundred fifty dollars ($150.00).
(2) For a second time offense within sixty (60) months of a prior public nuisance conviction: two hundred fifty dollars ($250.00).
(3) For a third time or subsequent offense within sixty (60) months of a prior public nuisance conviction: five hundred dollars ($500.00).
(b) The fine shall be deposited in an abatement fund created by the City of Kingman. Said monies shall be used to abate any and all nuisances within the city limits of Kingman at the discretion of the Kingman city manager or designee.
(Ord. No. 1266, 9-5-00; made pub. rec. by Res. No. 3571, 9-5-00; Ord. No. 1697, § 1, 3-1-11)
Sec. 7-167 Each day and/or failure to comply; separate violation.
Each day in which a violation of this article continues or the responsible party fails to perform any act or duty required by this article or by a notice and order to abate shall constitute a separate criminal or civil offense.
(Ord. No. 1266, 9-5-00; made pub. rec. by Res. No. 3571, 9-5-00)
Sec. 7-168 Denial, suspension or revocation of business license.
(a) A business license application shall be denied where it is determined that a nuisance exists on the premises for which the application is made and the applicant fails to abate the nuisance within five (5) days after verbal or written notice thereof.
(b) The city manager is authorized to suspend or revoke any business license issued pursuant to section 8-128 of the Kingman Code if it is determined that the licensee causes, permits or maintains or allows the creation or maintenance of a nuisance under this article upon the licensed premises. Suspension or revocation of the business license shall be in addition to any other remedy available to the city.
(Ord. No. 1266, 9-5-00; made pub. rec. by Res. No. 3571, 9-5-00)
Sec. 7-169 Withholding of permits.
From the date a notice and order to abate expires without compliance by the responsible party until the nuisance is abated or the city’s costs of abatement are reimbursed (whichever occurs later), the city may withhold or suspend any permit or approval of any alteration, repair, or construction of any existing or new structure or sign on the property, as well as any permit or approval pertaining to the use or development of the property; provided, however, that no permit or approval necessary to correct the nuisance conditions shall be withheld.
(Ord. No. 1266, 9-5-00; made pub. rec. by Res. No. 3571, 9-5-00)
DIVISION 2. GRAFFITI
Sec. 7-170 Graffiti—Defined.
Graffiti means the unauthorized markings, such as initials, slogans, or drawings, written, spray-painted, etched or sketched on a sidewalk, wall, building, fence, sign, or any other structure or surface, whether natural or manmade.
(Ord. No. 1006, § 2, 6-6-94)
Sec. 7-171 Same—Prohibited.
All sidewalks, walls, buildings, fences, signs, and other structures or surfaces shall be kept free from graffiti when the graffiti is visible from the street or other public or private property.
(1) It shall be unlawful for any person to write, paint, or draw upon any sidewalk, wall, building, fence, sign, other structure or surface, natural or manmade, either publicly or privately owned, any drawing, inscription, figure, or mark of the type which is commonly known and referred to as “graffiti,” without the express permission of the owner or responsible person or the property.
(2) It shall be unlawful for any owner or responsible party to permit or allow graffiti to exist or be maintained on any building, fence, wall, or other structure, or surface on their real property or property for which they are responsible.
(Ord. No. 1006, § 2, 6-6-94)
Sec. 7-172 Spray paint and markers; possession with intent to deface prohibited; possession by minors prohibited.
(a) It is unlawful for any person to possess a spray paint container, liquid paint in cans or other containers or indelible markers, in any public building, or upon any public facility or private property with the intent to use the same to deface said building, facility, or property.
(b) Unless accompanied by a parent, guardian or other person having legal custody of a minor, it shall be unlawful for any minor to possess a spray paint container or indelible marker on any public property or private property, except with the express permission of the lawful owner or manager of said property. Nothing in this section shall be construed to prohibit the use of spray paint or indelible markers by a minor within the confines of his own home or under circumstances of a supervised and lawful project or undertaking.
(Ord. No. 1006, § 2, 6-6-94)
Sec. 7-173 Requirement to abate graffiti.
Any owner or responsible party of real property shall make appropriate efforts to eradicate graffiti immediately upon the discovery of its existence.
(1) When it is determined by the City of Kingman that graffiti exists on real property in violation of this section, the city shall notify the owner or responsible party of the property, through the issuance of a notice of violation and of the requirement to abate or make appropriate arrangements to eradicate the graffiti within ten (10) calendar days of receipt of the notice.
(2) When an investigation of the occurrence of graffiti results in the clear identification of the perpetrator, the perpetrator may be held accountable and responsible for the abatement, or the eradication of the graffiti, or be deemed responsible for the costs incurred in the abatement or eradication of such graffiti. In the case where the perpetrator is a minor, under the age of eighteen (18) years, the parent, guardian or other person having legal custody of said minor will be held responsible for any and all costs of the abatement or eradication of said graffiti.
(Ord. No. 1006, § 2, 6-6-94)
Sec. 7-174 Failure to comply; lien; penalty.
(a) In the event that the owner or responsible party fails to abate the graffiti as required by the notice of violation, the city may proceed to abate the graffiti, or cause it to be abated and bill the owner or responsible party for the costs thereof and/or obtain restitution through the court of jurisdiction. In the event that the bill, or restitution is not paid, the city may take appropriate steps to place a lien on the property for the costs of the graffiti removal and other real costs incurred by the city.
(b) The court of jurisdiction, at its discretion, may sentence a person found guilty of drawing, inscribing, painting, marking, or otherwise causing graffiti to a term of imprisonment, a fine, restitution, and/or deem them responsible for the costs of abatement in accordance with the City of Kingman Code of Ordinances, section 7-176, and/or A.R.S. 13-1602 A.1.
(c) Any person who violates any provision of Division 2, Article IV, Chapter 7 of this Code declared to be unlawful is guilty of a misdemeanor and shall be punished by a fine not to exceed two thousand five hundred dollars ($2,500.00) or by imprisonment in jail for not more than six (6) months, or by both such fine and imprisonment. Each day any violation of Division 2, Article IV, Chapter 7 of this Code continues shall constitute a separate offense.
(d) Any one (1) or more of these remedies may be used by the City in addition to any other remedy available under law.
(Ord. No. 1006, § 2, 6-6-94)
Sec. 7-175 Authority to inspect.
The City of Kingman is hereby authorized to make inspections for the violations of this section in the normal course of job duties or in response to a citizen complaint that an alleged violation of the provisions of this section may exist or when there is a reason to believe that a violation of this section has been or is being committed.
In order to determine compliance with this section, private property may be entered with the consent of the owner or responsible party or as authorized by a court of competent jurisdiction.
(Ord. No. 1006, § 2, 6-6-94)
Sec. 7-176 Graffiti removal program.
The City of Kingman shall provide a program for assistance to the owners of real property for the removal and abatement of graffiti.
(1) The police department will maintain a procedure for the convenient reporting of the existence of graffiti within the Kingman city limits. Citizens are encouraged to report the discovery of any form of graffiti.
The police department will conduct a criminal investigation of each reported incident of graffiti occurring within the City of Kingman.
(2) The owner or responsible party of any real property within the Kingman city limits, may solicit the City of Kingman to remove or otherwise abate any form of graffiti from said property at city expense.
Upon receipt of such request, the city will secure a signed written consent to enter, release of liability, and waiver from the property owner, or authorized agent of the owner. Said written consent to enter, release of liability, and waiver shall give the City of Kingman permission to enter the property and paint over, or abate by other reasonable means, any form of graffiti as defined by section 7-170 of this Code, and will release the city from all liability for the quality of workmanship, process, and/or materials used; for example, the city will not be responsible for aesthetic results or for damage to property of the owner which results from the reasonable efforts of the city to abate the graffiti.
(3) In the event that the police department is unable to locate, contact, or identify the owner or the responsible party of the property in question, a copy or the report will be forwarded to the public works department to proceed with the abatement pursuant to section 7-174(a) of this Code.
(4) Upon receipt of a signed written waiver, the police department will forward a report to the public works department. The report will outline the location, owner or responsible parties name, the case number, and the signed waiver of liability.
(5) Authority for graffiti removal. The public works department will be responsible for the abatement or removal of the graffiti in accordance with this section. The public works department will maintain a record of abatement actions taken.
(Ord. No. 1006, § 2, 6-6-94)
Sec. 7-177 Reward.
The city will pay a confidential reward of one hundred dollars ($100.00) to any person who furnishes information to the police department which results in the identification and conviction of a person or persons applying graffiti in violation of A.R.S. 13-1602 A.1., criminal damage, and/or Kingman Code of Ordinances, section 7-171, et seq.
(Ord. No. 1006, § 2, 6-6-94)
Secs. 7-178—7-180. Reserved.
DIVISION 3. ENFORCEMENT PROCEDURE
Sec. 7-181 Enforcement—In general.
As more fully described in section 7-162 of this article and hereafter, and after appropriate or necessary investigation, documentation and inspection, the code enforcement officer, or other designated city official, may take one (1) or more of the following actions:
(a) Informal mediation or intervention with the responsible party.
(b) Summary action to remove the violation, followed by appropriate notice, warning or enforcement action.
(c) Issue a notice and order to abate.
(d) Issue a criminal or civil citation.
(e) File a long form complaint for criminal or civil penalties.
(f) Take emergency action for abatement or vacation of premises.
(Ord. No. 1266, 9-5-00; made pub. rec. by Res. No. 3571, 9-5-00)
Sec. 7-182 Informal mediation or intervention and summary action.
(a) Informal mediation or intervention. Whenever in the judgment of the code enforcement officer, or other designated official, action short of formal citation or notice and order to abate is likely to achieve satisfactory and timely compliance, informal intervention, including written and verbal communication, may be used. The city manager and code enforcement officer shall promulgate criteria for informal intervention and procedures for documentation and recordkeeping.
(b) Summary action. Where obvious and elemental violations occur and entry onto private property is not necessary to enforcement, e.g., in the case of illegal posting of advertising in public rights-of-way, the code enforcement officer, or other designated official, may remove or summarily abate the violation. In such cases, evidence of the violation shall be forwarded to the code enforcement officer, or other appropriate official for identification of the responsible party and followup enforcement.
(Ord. No. 1266, 9-5-00; made pub. rec. by Res. No. 3571, 9-5-00)
Sec. 7-183 Notice and order to abate.
(a) Notice to abate.
(1) If the code enforcement officer, or other designated official, determines that a violation of this article has occurred, he or she shall advise the responsible party by written notice that the condition constituting the violation must be corrected and/or removed from the property.
(2) The notice to abate shall set forth the following information:
a. A detailed description of the condition(s) constituting the violation(s) along with legal citation(s) of applicable code, statutory or regulatory provision(s).
b. The period of time, not less than thirty (30) days from the mailing of the notice to abate, the responsible party is given to comply.
c. Identification of the property in violation by legal description and street address, if known, and if unknown, then by book, map, and parcel number.
d. Reinspection date, if any.
e. Name, business address, and business phone number of the code enforcement officer and/or other city official who issued the notice.
f. A warning statement that if the violations are not corrected within the period stated, the city may petition the municipal court to abate the nuisance itself or by private contractor, assess the owner for the cost of such abatement including an administrative charge of five (5) percent, and record a lien on the property for the assessment.
(3) Service of the notice to abate shall be deemed complete on the date it is hand delivered or mailed certified mail, return receipt requested, addressed to the property owner or responsible party. If personal service or mailed service is not practicable, service of notice also shall be deemed effective upon notification through a one time public notice published in a newspaper of general circulation within the city and by posting a duplicate notice on the property for a period of thirty (30) days. Nothing herein shall preclude the city from giving additional verbal or written notice at its discretion.
(4) Nothing in this section shall require the issuance of notice of violation prior to commencement of other enforcement proceedings, including civil or criminal proceedings.
(b) Court ordered abatement.
(1) In addition to any other abatement procedure provided in this chapter, the city manager or designee, or the city attorney’s office, may apply to the municipal court for an order permitting the city to abate any condition that constitutes a violation of this public nuisance code.
(2) After notice to the owner and any responsible party, the judge or court hearing officer shall conduct a hearing. The hearing shall be informal and open to the public. Evidence may be taken from any interested party and considered in determining whether a condition in violation of the public nuisance ordinance exists and what, if any, abatement action should be permitted. Any person who fails to appear after notice of the hearing may be deemed to have waived any right to introduce evidence. The court’s determination shall be based on the preponderance of evidence.
(c) Upon finding that abatement is appropriate, the court may order demolition, board-up, clean-up or any other action the court deems reasonably necessary to correct the violation.
(d) Statement of account.
(1) When the city has undertaken action to abate the nuisance, the code enforcement officer, or other authorized official, shall prepare a verified statement of the actual costs of abatement, including an administration charge of five (5) percent. That statement shall further set forth the following:
a. The street address and legal description of the property.
b. Reference to attachment of the notice and order to abate and applicable invoices and/or contracts or other documentation of the work done.
c. The date the work was completed.
d. A summary and total of the costs of abatement.
e. That the statement of account is an assessment upon the lots and tracts of land from which the city corrected or abated the violation.
f. That the party has fifteen (15) days from the date of delivery or mailing of the statement to pay.
g. In the event payment is not received in fifteen (15) days, the city will place a lien on the property in the amount of the assessment.
h. The right and procedures for appeals of statement of account.
(2) The statement of account shall be delivered in the same manner as prescribed in subsection (a)(3) of this section.
(3) The statement of account is subject to the same appeals process as outlined in subsection (b) of this section. If no written and timely request for hearing is made under this section, then the statement of account is final and binding. The city is authorized to record an assessment in the amount specified in the statement of account with the Mohave County Recorder’s Office.
(4) From the date of recording, the assessment shall be a lien on the property and shall bear interest at the legal rate until paid. The recorded assessment shall be prima facie evidence of the truth of all matters recited therein and of the regularity of all proceedings prior to recording thereof.
(5) An assessment under this section shall not be a bar to subsequent assessments hereunder and any number of liens on the same property may be enforced in a single action.
(6) The city may bring an action to enforce the lien in the superior court at any time after the recording of the assessment, but failure to enforce the lien by such action shall not affect its validity.
(e) Recording of violation and/or lien of assessment. The notice to abate and statement of account and any assessment lien recorded by the city shall run with the land. The city, at its sole discretion, may record a notice and order to abate, a statement of account with the Mohave County Recorder and thereby cause compliance by an entity thereafter acquiring such property. When the property is brought into compliance, a satisfaction of notice to abate shall be recorded with the Mohave County Recorder. When an assessment lien is paid off, a satisfaction of the lien shall be recorded.
(f) Appeal of court decision. Any party may appeal the judgment of the court to the superior court. Appeals from civil proceedings shall be in accordance with the superior court rule of appellate procedure – civil. Execution of any judgment shall be stayed pending appeal.
(Ord. No. 1266, 9-5-00; made pub. rec. by Res. No. 3571, 9-5-00; Ord. No. 1698, § 1, 3-1-11)
Sec. 7-184 Civil and criminal enforcement.
(a) Authority to issue civil and criminal citations. The code enforcement officer, any peace officer and any other city official authorized by the city manager may issue a citation pursuant to this article.
(b) Civil or criminal enforcement in the Kingman Municipal Court may be commenced by the issuance of a citation or the filing of a long form complaint.
(c) Form and service of citation.
(1) The citation form shall be in substantially the same form as the Arizona traffic ticket and complaint, shall contain a space or other provision for designation of the provisions violated and whether the citation is civil or criminal, and shall direct the responsible party to appear in Kingman Municipal Court within ten (10) days after the date of issuance.
(2) The citation will further notify the responsible party that if he/she fails to appear on or before the date specified in the citation that the court may, in its discretion, impose a criminal sanction and/or issue an arrest warrant.
(3) Service of the citation may be accomplished and will be deemed proper and complete by and of the following:
a. By having the responsible party sign the citation with a promise to appear in court within ten (10) days of the date of issuance.
b. If the responsible party refuses to sign the citation, by verification of hand delivery of a copy of the citation to the responsible party.
c. By mailing a copy of the citation to the responsible party by certified or registered mail, return receipt requested, to the responsible party’s last known address.
(d) Long form complaint. Any prosecutor, the code enforcement officer, any peace officer and any other city official authorized by the city manager may file a long form complaint with the Kingman Municipal Court in accordance with the Arizona Rules of Criminal Procedure.
(Ord. No. 1266, 9-5-00; made pub. rec. by Res. No. 3571, 9-5-00)
Sec. 7-185 Emergency abatement; vacation of premises.
(a) Emergency abatement.
(1) Imminent hazard. If a situation presents an imminent hazard to life or public safety or immediate likelihood of physical harm, the city manager may approve an emergency notice and order to take immediate action as is appropriate to correct or abate the condition. In addition, or instead, the city manager may approve immediate action on the part of city officials to summarily and unilaterally correct or abate the condition or authorize the commencement of an action in superior court to enjoin the responsible party to abate the imminent hazard. The inability of city officials to find or contact the responsible party, despite reasonable efforts to do so, in no way affects the city’s right or obligation under this section to summarily and unilaterally correct or abate the condition.
(2) Costs of emergency abatement. The city may recover its costs incurred in abating an imminent hazard under this section in the same manner and with the same procedures provided for in section 7-183 of this article.
(3) Notice and appeal. The notice and appeal provisions of this section do not apply to emergency abatement, except that the owner or occupant or other responsible party shall be served with and have the right to appeal any statement of account for costs of abatement as set forth in section 7-183 of this article.
(b) Vacation of premises.
(1) Unfit for human habitation; declaration and order to vacate. In the case where a building or structure which is determined to be unfit for human habitation, as defined in this article or any other applicable code, statute or regulation, the city manager is authorized to approve the issuance of a declaration and order to vacate the premises. The declaration and order shall be in essentially the same form as a notice and order to abate.
(2) Notice. Service of the declaration shall be complete upon delivery to the occupant, posting in an obvious and conspicuous place on the premises and upon mailing by certified mail, return receipt requested to the owner at his or her last known address. The order to vacate shall not take effect until the time for appeal under this section has lapsed.
(3) Appeal and stay. The occupant or owner of the property may appeal the declaration and order to vacate to the municipal court by delivering to the court clerk a written statement of appeal within five (5) days after service is complete. Timely delivery of a written statement of appeal operates as a stay on the order to vacate until the appeal can be heard. The appeal shall be heard and a determination made by the city magistrate or hearing officer within five (5) days.
(4) Violation; removal of posting. Once a building or structure has been declared unfit for human habitation, it shall be a violation of this article to remove the posted notice unless and until it has been determined by the city that the conditions warranting the posting have been abated or the city magistrate or hearing officer has ruled in favor of the responsible party on appeal.
(5) Reoccupancy. Once a building has become unoccupied as the result of a notice and order to vacate under this section, it shall remain unoccupied until reinspected and approved for occupancy by the city. The city shall reinspect within two (2) business days of the receipt of a written request by the owner or responsible party.
(Ord. No. 1266, 9-5-00; made pub. rec. by Res. No. 3571, 9-5-00; Ord. No. 1699, § 1, 3-1-11)
Sec. 7-186 Control of shopping carts.
(a) Definitions.
Abandoned cart. Any cart that is located off of the premises of the business establishment or any cart that has been removed without written permission of the owner or on-duty manager from the premises of the business establishment, regardless of whether it has been left on either private or public property. Written permission shall be valid for a period not to exceed twenty-four (24) hours. This provision shall not apply to carts that are removed for purposes of repair or maintenance.
Cart. Cart shall mean a basket which is mounted on wheels or a similar device provided by a business establishment for use by a customer for the purpose of transporting goods of any kind, including, but not limited to grocery store shopping carts.
Owner. Owner shall mean any person or entity, who in connection with the conduct of a business, owns, possesses, or makes any cart available to customers or the public. For purposes of this section, owner shall also include the owner’s on-site or designated agent that provides the carts for use by its customers, to include the store manager.
Premises. Premises shall mean the entire area owned and utilized by the business establishment that provides carts for use by customers, including any parking lot or other property provided by the owner for customer parking.
(b) Required signs on carts. Every cart owned or provided by any business establishment in the City of Kingman must have a sign permanently affixed to it that contains the following information:
(1) Identifies the owner of the cart or the name of the business establishment, or both;
(2) Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises, if allowed by the business establishment;
(3) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the business establishment is a violation of state and local law;
(4) Lists a telephone number to contact to report the location of the abandoned cart; and
(5) Lists an address for returning the cart to the owner or business establishment.
(c) Prohibiting removal or possession of abandoned cart.
(1) It shall be unlawful to either temporarily or permanently remove a cart from the premises of a business establishment without the express prior written approval of the owner or on-duty manager of the business establishment. Written permission shall be valid for a period not to exceed twenty-four (24) hours.
(2) It shall be unlawful to be in possession of a cart that has been removed from the premises or parking area of a business establishment.
(3) It shall be unlawful to leave or abandon a shopping cart at a location other than on the premises of the business.
(4) It shall be unlawful to alter, tamper, remove, or obliterate the identifying information of a shopping cart.
(5) This section shall not apply to carts that are removed for the purposes of repair or maintenance by the owner or owner’s representative.
(d) Mandatory plan to prevent cart removal. Every owner shall develop and implement a specific plan to prevent customers from removing carts from the business premises with out permission and the retrieval of abandoned cart(s). The plan must be implemented within sixty (60) days of the passage of the ordinance from which section derives. The plan must include the following elements:
(1) Signs. Signs shall be placed in pertinent places near door exits and near parking lot exits that warn customers that cart removal is prohibited and constitute a violation of state and local law.
(2) Specific procedures to recover abandoned cart(s) located on public property.
(3) Specific procedures to prevent carts from being blown by the wind or the unattended rolling from business premises; this should include at least one (1) of the following:
a. Physical barriers or other such design.
b. Parking lot attendant to monitor the carts.
(e) Penalties for failing to implement prevention measures.
(1) Any owner that fails to implement the requirements of this section is subject to section 1-8 for criminal or civil proceedings.
(2) Any violation of this section is a misdemeanor as defined in section 1-8 of the Kingman City Code.
(f) Notification for retrieval of abandoned carts.
(1) The city shall notify the owner of any abandoned carts owned or used by the business establishment that have been located within the City of Kingman. The owner shall have three (3) days from the date the notification is given, to retrieve the carts from the city. If the cart is not retrieved within three (3) business days after the date the owner receives notice from the city, the cart may be retrieved and impounded. If the cart will impede emergency services, obstruct vehicle traffic or create a safety hazard to the public on a public right-of-way, or if the cart is not properly marked as per subsection 7-186(b), the city may retrieve and impound the cart immediately. In addition, at the discretion of the city employee, any abandoned or unlawfully used cart may be immediately impounded and returned to the business establishment or taken to a central storage facility.
(2) The city shall store abandoned and impounded carts at a central facility. The facility shall remain open the normal business hours of the city.
(g) Administrative costs and fines.
(1) Upon retrieval and impoundment, the city shall provide notice to the owner, within one (1) day, of the impoundment and the location where the cart may be claimed. The owner has three (3) days to claim their cart. Any owner that fails to retrieve their abandoned cart after receiving the three-day notice by the city shall pay the city’s recovery and impound fees. Any owner who fails to retrieve abandoned carts in accordance with this section in excess of three (3) times during a specified six-month period, shall be subject to a fifty dollar ($50.00) fine for each subsequent occurrence. An occurrence is described as all carts owned by the owner that are impounded by the city in a one-day period.
(2) The recovery fee for each cart recovered has been established to be three dollars ($3.00) per cart. The impound fee for each cart recovered has been established to be one dollar ($1.00) per day.
(3) If the owner reclaims the cart with in the three-day time period the city shall not impose the recovery and impound fees.
(h) Disposition of carts after thirty (30) days. According to state law, any cart not reclaimed from the city within thirty (30) days after notification to the owner shall be sold or otherwise disposed of by the city.
(Ord. No. 1496, § 1, 9-6-05)
Secs. 7-187—7-190. Reserved.
Editor’s note: Ord. No. 1266, adopted Sept. 5, 2000, repealed former Art. IV, Div. 1, §§ 7-161—7-169, in its entirety, which pertained to similar provisions and derived from Ord. No. 888, adopted Nov. 18, 1991.