Chapter 3-4

CHAPTER 3-4: ABATEMENT OF PUBLIC NUISANCES

SECTIONS:

3-4-1 ABATEMENT OF PUBLIC NUISANCES:

(A) Unsafe Conditions: The following unsafe conditions are hereby declared to be public nuisances and shall be abated by an appropriate method in accordance with the procedure specified in subsections (C), (D), (E), and (F):

1. Any unguarded or unfenced well, cesspool, excavation pit, or hole, which has been abandoned, been permitted to become dilapidated, or is no longer being regularly maintained; and

(B) Unsafe Buildings: All buildings or structures which are structurally unsafe, or not provided with adequate egress or which constitute fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, dilapidation, obsolescene, fire hazard, or abandonment as specified in any code, ordinance or any other effective regulation legally adopted by the City are for the purpose of this Chapter unsafe buildings or structures. All such unsafe buildings or structures are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in subsections (C), (D), (E) and (F).

(C) Unsanitary Conditions: Leaking sewage from broken sewer lines and other similar unsanitary conditions shall be abated within twenty-four (24) hours by the removal of water service to the building or by other legal means available to the administrative authority.

(D) Notice to Owner: The Building Official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged or unsafe or unsanitary condition and if found to be an unsafe building, condition or unsanitary condition as defined in (A), (B) or (C) the Building Official shall give to the owner of such building or structure or unsafe or unsanitary condition written notice stating the defects thereof. This notice may require the owner or person in charge of the building or premises within forty-eight (48) hours, to commence either the required repairs or improvements or demolition and removal of the building, structure or hazard or portions thereof, and all such work shall be completed within ninety (90) days from the date of notice, unless otherwise stipulated by the Building Official. If necessary, such notice also shall require the building, structure or portions thereof to be vacated forthwith if occupied and not reoccupied until the required repairs and improvements are completed, inspected and approved by the Building Official. Proper service of such notice shall be by personal service or registered or certified mail upon the owner of record, if he shall be found within the City limits. If he is not found within the City limits, such service may be made upon said owner by registered mail or certified mail, the designated period within which said owner or person in charge is required to comply with the order of the Building Official shall begin as of the date he receives the notice.

(E) Posting of Signs: The Building Official shall cause to be posted at each entrance to such building or property a notice to read: "Where Unsafe Conditions Exist, Do Not Enter, Unsafe to Occupy, Building Department, City of Prescott"; such notice shall remain posted until the required repairs, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Official, and no person shall enter the building except for purposes of making the required repairs or the demolishing of the building or abatement of the unsafe condition.

(F) Right to Demolish: In case the owner shall fail, neglect, or refuse to comply with the notice to repair, rehabilitate, abate an unsanitary condition, or to demolish and remove said building or structure or portion thereof, the City Council may order the owner of the building prosecuted as a violator of the provisions of this Code and may order the Building Official to proceed with the work specified in such notice. A statement of the cost of such work shall be transmitted to the City Council, who shall cause the same to be paid and levied as a special assessment against the property.

(G) Costs: Costs incurred under subsection (F) shall be paid out of the City Treasury. Such costs shall be charged to the owner of the premises involved as a special assessment on the land on which the building or structure is located and shall be collected in the manner provided for special assessments.

(H) Appeal Procedure: Any person entitled to service under Section 3-4-1(A), (B) and (C) may appeal from any notice, order or action by the Building Official within thirty (30) days from the day of the service, or order a written appeal including:

1. The names of the appellants.

2. The legal interest of each of the appellants in the land or buildings involved in the notice or order.

3. All facts supporting the contentions of the appellant and reasons why action should be reversed, modified, or otherwise set aside on the protested order.

4. The signatures of all parties named as appellants and their official mailing addresses.

5. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

6. Upon receipt of any appeal filed, pursuant to this Section, the Building Official shall present it to the Advisory and Appeals Board and the public hearing shall be held within ten (10) working days after the Board is notified. (Ord. 1677, 3-26-84)

(I) Penalty Clause. Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable as provided in Section 1-3-1 of the Prescott City Code. (Ord. 1677, 3-26-86; amd. Ord. 1834, 9-23-86)