Chapter 17.100
PROPERTY MAINTENANCE
Sections:
17.100.040 Maintenance of property – Storage.
17.100.070 Appeal from notice.
17.100.010 Purpose.
The purpose of this chapter is to promote the health, safety and welfare of the citizens of Pinetop-Lakeside and to protect residential and commercial neighborhoods against nuisance or blighting and deteriorating influences by requiring minimum standards for the exterior condition of buildings and real property. The Town encourages its citizens to keep residential and commercial property neat, clean and safe. (Ord. 15-393 § 1 (part): Ord. 97-141 § 2 (part): Ord. 90-82 § (1)(21.2.01))
17.100.020 Scope.
This chapter shall apply to all land and buildings within the Town of Pinetop-Lakeside (hereinafter referred to as the "Town") without regard to the use, date of construction or alternation; and is based upon the authority granted by Arizona Revised Statutes, Title 9, Chapter 4, Article 8, Section 9-499. (Ord. 15-393 § 1 (part): Ord. 97-141 § 2 (part): Ord. 90-82 § (1)(21.2.02))
17.100.030 Definitions.
A. The following definitions pertain to, and are to be used in conjunction with, this chapter only, and in no way replace or modify definitions contained in other Town codes or ordinances.
1. "Director" refers to the Community Development Director of the Town of Pinetop-Lakeside.
2. "Graffiti" means any unauthorized inscription, work, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any surface of public or private property.
3. "Hazardous waste" means any material that is subject to the hazardous waste manifest requirements of the Arizona Department of Environmental Quality or the United States Environmental Protection Agency.
4. "Land" means any lot, parcel, tract of land or combination thereof, located within the Town of Pinetop-Lakeside. Property shall include adjacent sidewalks, streets, alleys and other easements.
5. "Nuisance" means (a) any public nuisance as defined by state statute or local ordinance; or (b) any attractive nuisance which may prove detrimental to the health or safety of children whether in a building, on the premises of a building or upon an unoccupied lot. "Nuisance" includes, but is not limited to: abandoned wells, shafts, basements, excavations, graffiti, abandoned refrigerators, washing machines, dryers and other appliances, abandoned motor vehicles, inoperable motor vehicles, junk motor vehicles, other motor vehicles without current license or registration, any structurally unsound fences or structures, lumber, trash or other debris; or (c) an accumulation of solid waste which would weigh more than one hundred (100) pounds or which would occupy a space greater than one (1) cubic yard; or (d) fire hazards.
6. "Owner" means a person who is the rightful owner of property and/or the person listed as the current owner as recorded in the official records of the Navajo County Recorder’s Office.
7. "Person" includes a corporation, limited liability company, company, partnership, firm, association, or society, as well as a natural person. When the word "person" is used to designate the party whose property is subject to this chapter, the term includes the United States, this state, or any territory, state, or country, or any political subdivision of this state which may lawfully own any property, or a public or private corporation, or partnership or association. When the word "person" is used to designate the violator or offender of any law, it includes corporation, limited liability company, company, partnership, firm, association, or society or any other association of persons.
8. "Property manager" means a person with the authority and the ability to make emergency repairs and with the responsibility to oversee the maintenance and protection of the building and/or property, and to represent the owner’s interest.
9. "Responsible person" means an owner, occupant, lessor, lessee, manager, licensee, or other person having possession, the right to possession, control or a right to control property.
10. "Solid waste" means any garbage, trash, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant or pollution control facility and other discarded material, including solid, liquid, semi-solid or contained gaseous material. Solid waste also includes abandoned, inoperable, junk or unlicensed/unregistered vehicles, refrigerators, stoves, washing machines, dryers and other appliances, structurally unsound fences, buildings and other structures, lumber, etc. Solid waste includes hazardous waste, waste containing radioactive materials, domestic sewage and landscaping rubble.
11. "Structure" means buildings, improvements and other manmade structures that are constructed or placed on land.
12. "Tenant" means a person or entity entitled under an oral or written rental agreement to occupy land or a structure, whether residential or commercial use, to the exclusion of or in conjunction with others.
13. "Zoning regulations" means the Town of Pinetop-Lakeside zoning regulations. (Ord. 15-393 § 1 (part): Ord. 11-357 § 1; Ord. 97-141 § 2 (part): Ord. 90-82 § (1)(21.2.03))
17.100.040 Maintenance of property – Storage.
A. Maintenance. An owner, tenant or other responsible person shall maintain land and structures within the Town of Pinetop-Lakeside free from graffiti, solid waste, hazardous waste, rubbish, trash, weeds, debris or other conditions constituting a nuisance which constitute a hazard to the public health or safety of the occupants, pedestrians, children or other persons who come upon or near the premises.
B. Responsibility for Removal. The owner, tenant or other responsible person shall have the duty and responsibility of removing graffiti, solid waste, hazardous waste, rubbish, trash, weeds, debris or other conditions constituting a nuisance or which constitute a hazard to the public health or safety of the occupants, pedestrians, children or other persons who come upon or near the premises.
C. Storage Out of View. Storage of personal property including abandoned vehicles, inoperable vehicles, junk vehicles, other vehicles without current license or registration, refrigerators and other appliances and other personal property which would otherwise constitute a nuisance or public health or safety hazard may be stored within enclosed buildings or screened from view from neighboring lots as well as public streets, sidewalks or other public easements. Any such storage and screening shall effectively prevent both access and view of the stored materials by the public. Further, all abandoned, inoperable or junk refrigerators, stoves, washing machines, dryers or other appliances shall be stored and maintained with the doors removed or in such other manner as to prevent entry by children and others into the appliance. The storage of functional items such as children’s play structures, fire wood, operable vehicles which are licensed, and bicycles shall be exempt from this provision. (Ord. 15-393 § 1 (part): Ord. 11-357 § 2; Ord. 97-141 § 2 (part): Ord. 90-82 § (1)(21.2.04))
17.100.050 Removal – Costs.
A. Removal. In the event that any owner, tenant or other responsible person does not remove such nuisance, solid waste or dilapidated structure which constitutes a nuisance or a hazard to public health and safety from any land or building as set forth in the notice of violation; the Town may remove, abate, enjoin or otherwise cause its/their removal.
B. Cost of Removal. The cost of removal, abatement or injunction of such nuisance, solid waste or dilapidated structures from any land or structure, along with any associated legal costs for abatement or injunctions, shall be assessed against the land from which the solid waste is removed, abated or enjoined. The Town may record the cost of removal, abatement or injunction as an assessment in the Navajo County Recorder’s Office, including the date and amount of the assessment, the legal description of the property and the full name and address of the property owner. Any such assessment is prior and superior to all other liens, obligations, mortgages or other encumbrances except liens for general taxes. A sale of the land to satisfy an assessment obtained under the provisions of this chapter shall be made upon judgment of foreclosure and order of sale. The Town shall have the right to bring an action to enforce the assessment in the Navajo County Superior Court at any time after the recording of the assessment. The failure to enforce the assessment by such legal action shall not affect the assessment’s validity. A recorded assessment shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the recording thereof.
C. Payment of Assessments. Assessments that are imposed under this chapter run against the land until paid, accrue interest at the rate of ten (10%) percent per year or as otherwise prescribed by Arizona Revised Statutes, Title 44, Chapter 9, Article 1, Section 44-1201; and are due and payable in equal annual installments as follows:
1. Assessments of less than five hundred dollars ($500.00) shall be paid within one (1) year after the assessment is recorded.
2. Assessments of five hundred dollars ($500.00) or more but less than one thousand dollars ($1,000) shall be paid within two (2) years after the assessment is recorded.
3. Assessments of one thousand dollars ($1,000) or more but less than five thousand dollars ($5,000) shall be paid within three (3) years after the assessment is recorded.
4. Assessments of five thousand dollars ($5,000) or more but less than ten thousand dollars ($10,000) shall be paid within six (6) years after the assessment is recorded.
5. Assessments of ten thousand dollars ($10,000) or more shall be paid within ten (10) years after the assessment is recorded.
D. Subsequent Assessments. A prior assessment for the purposes provided in this chapter shall not be a bar to a subsequent assessment or assessments for the same or similar purposes; and any number of assessments on the same land may be enforced in the same legal action.
E. Civil Penalty. Any owner, tenant or other responsible person who, after notice as required by Section 17.100.060(A) does not remove such solid waste or dilapidated structure and abate the condition which constitutes a hazard to the public health and safety, by the date stated in the notice, shall be subject to a civil penalty as set forth in Chapter 17.132. (Ord. 15-393 § 1 (part): Ord. 97-141 § 2 (part): Ord. 90-82 § (1)(21.2.05))
17.100.060 Enforcement.
A. Notice of Noncompliance.
1. Notice of Noncompliance. A written notice of any noncompliance with this chapter will be given to the owner, tenant or responsible person after a field inspection is completed. This written notice shall give a minimum of ten (10) days to correct the noncompliance.
2. When the violation pertains to a nuisance deemed to be a threat to the public health and safety or is a graffiti nuisance, the responsible party may be given less than ten (10) days to correct the violation. The date by which to correct the noncompliance will be clearly stated in the written notice.
B. Notice of Civil Violation.
1. Notice of Civil Violation. A written notice of any violation of this chapter shall be given to the owner, tenant or responsible person who fails to correct a violation identified in the notice of noncompliance. This written notice shall give a minimum of ten (10) additional days before the date set for compliance, and shall include the following information:
a. The name and address of the property owner or other person to whom the notice of violation is directed; and
b. The physical property address or the legal description of the land upon which the violation has occurred or is occurring; and
c. A description of the violation, including a reference to this chapter by section number; and
d. A brief statement of the action required to be taken to correct the violation; and
e. The date before which the corrective action shall be taken, which date shall be at least thirty (30) days after the date of the notice of civil violation; and
f. The estimated maximum cost of such removal to the Town if the owner, tenant or responsible person does not comply.
2. Delivery of Notice. Delivery of a written notice of noncompliance in subsection A of this section and civil violation in this subsection B may be made by posting the notice at or on the property in a conspicuous place and by any of the following additional methods:
a. Personal service on the owner, tenant or other responsible person;
b. By mail to the owner, tenant or other responsible person at his/her last known residence or business address, or at the address to which the tax bill for the land was last mailed.
C. Continuing Duty to Correct. Payment of a civil monetary penalty pursuant to this chapter does not relieve a person of the duty to correct the violation as ordered by the Town in any notice of civil violation. Each day of noncompliance may constitute a violation of this code.
D. Civil Court Action. In any civil action brought to enforce the provisions of this chapter, photographic evidence that the nuisance, solid waste or other violation was present on the land within ten (10) days of preparation of the notice of civil violation shall create a presumption that the defendant is in violation of this chapter.
E. Collection of Civil Monetary Penalty. The Magistrate Court shall have the primary duty to collect civil monetary penalties pursuant to this chapter. In addition, the Town Attorney, on behalf of the Town, is authorized to collect the civil monetary penalties assessed pursuant to this chapter by use of appropriate legal remedies.
F. Non-Owner Criminal Liability. Any person that creates a nuisance or who places any solid waste upon any private or public property not owned or under the control of that person is guilty of a Class One misdemeanor and shall be subject to the penalties set forth in Title 13, Chapters 7 and 8, Arizona Revised Statutes. In addition such person shall be liable for any and all costs which may be assessed pursuant to this chapter for removing, abating or enjoining the nuisance or solid waste.
G. Enforcement Officers. The Community Development Department and the Police Department are authorized to request compliance with and enforce the provisions of this chapter. (Ord. 15-393 § 1 (part): Ord. 11-357 § 3; Ord. 97-141 § 2 (part): Ord. 90-82 § (1)(21.2.06))
17.100.070 Appeal from notice.
Within ten (10) days from the delivery of a notice of civil violation or an assessment, the owner, tenant or other responsible person may appeal the notice of civil violation or assessment to the Town Council or to a board of citizens appointed by the Town Council to hear such appeals. In the event that the notice of violation or assessment is mailed, delivery shall be conclusively presumed to have occurred five (5) days from the date of mailing. In the event of personal service, the date of delivery is the date of such service. In the event of a posting of the notice at or on the property, delivery shall be conclusively presumed to have occurred five (5) days from the date of posting. All such appeals shall be in writing and filed with the Director. Within thirty (30) days of the receipt of the appeal, the Town Council or board of citizens shall set a time and place for an appeal hearing. Within fifteen (15) days after the conclusion of the appeal hearing the Town Council or board of citizens shall enter its order affirming, denying or modifying the notice of violation or assessment. In the event that the Town Council or board of citizens affirms or modifies the notice of violation or assessment, the owner, tenant or responsible person shall remove or abate the nuisance, solid waste, or dilapidated building within thirty (30) days of the date of the order. The decision and order of the Town Council or board of citizens shall be final and binding, and any party wishing to appeal from such order shall do so in the Navajo County Superior Court, only. (Ord. 15-393 § 1 (part): Ord. 01-189; Ord. 97-141 § 2 (part): Ord. 90-82 § (1)(21.2.07))