CHAPTER 8-3: WEEDS; RUBBISH
SECTIONS:
8-3-1: REMOVAL FROM BUILDING, GROUNDS OR PREMISES, SIDEWALKS AND STREET PARKWAYS:
8-3-2: FAILURE OF OWNER TO COMPLY:
8-3-1 REMOVAL FROM BUILDING, GROUNDS OR PREMISES, SIDEWALKS AND STREET PARKWAYS:
(A) All persons owning or occupying any building, grounds or premises within the City are hereby required to remove therefrom all dirt, debris, rubbish, garbage, weeds and brush and said persons are also required to remove therefrom all dirt, debris, rubbish, garbage, weeds and brush and maintain all sidewalks, driveway culverts and street parkways adjacent to said building, grounds or premises.
(B) It shall not be the responsibility of said person or occupant to maintain the drainage catch basins, culverts or channels within the limits of a City street right-of-way other than a drainage pipe culvert or bridge-type structure crossing a paved or unpaved driveway or accessway to that person’s or occupant’s property.
(C) For purposes of this Chapter, a street parkway is defined as follows:
1. Improved Streets With Curbs and Pavement. That area of City street right-of-way lying between a curb and the adjacent street right-of-way line.
2. Paved Traveled Roadway (No Curbs). That area of City street right-of-way lying on either side of the pavement between the edges of the pavement and the adjacent street right-of-way lines.
3. Unpaved Traveled Roadways: That area of City street right-of-way lying on either side of a traveled roadway between the edges of the traveled roadway and the adjacent street right-of-way lines.
8-3-2 FAILURE OF OWNER TO COMPLY:
Upon failure of the persons owning or occupying any buildings, grounds or premises within the City to remove therefrom all dirt, debris, rubbish, garbage, weeds and brush, and maintain all sidewalks, driveways, culverts and street parkways adjacent to said building, grounds or premises, notice shall be given or served upon said persons herein referred responsible for the condition of violation of this Code, either by verbal notification, personal service, or by delivering the same to and leaving it with some person of suitable age and discretion upon the premises; or, if no such person is found on the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises, and by mailing a copy thereof to such person by registered mail to his last known address. Orders or notices which are given verbally shall be confirmed by service in writing as herein provided.
8-3-3 CITY MAY REMOVE:
(A) Should any such owner or occupant of any building, grounds or premises within the City fail, neglect or refuse to forthwith remove from said building, grounds or premises, or from the sidewalk, driveway culverts or street parkway adjacent thereto, any dirt, debris, garbage, rubbish, weeds or brush; or should any such owner or occupant fail to keep and maintain any such building, grounds or premises or any sidewalk, driveway culverts or street parkway adjacent thereto, free and clear of any dirt, debris, rubbish, garbage, weeds or brush, then the City Manager is hereby authorized and directed to remove or destroy, or cause to be removed or destroyed, any and all such dirt, debris, rubbish, garbage, weeds or brush, at the expense of such owner or occupant; and the City Clerk is hereby directed to forthwith prepare a verified statement and account of all expense incurred in or occasioned by or incident to such removal or destruction, or either of them, and to file such verified statement and account with the Yavapai County Assessor and Tax Collector.
All such expenses incurred in connection with, or incident to, such removal and destruction or either of them, and as fixed with the Yavapai County Assessor and Tax Collector, is hereby declared as a tax lien upon such building, grounds and premises; and shall be charged and assessed upon and against such building, grounds and premises, and shall be collected at the same time and in the same manner as other City taxes are collected. (Ord. 1686, 5-14-84)
(B) Notwithstanding other provisions to the contrary, the City Manager may, but shall not be required to, landscape and maintain the sidewalks, culverts, and street parkways adjacent to certain main arterial entrances to the City, including but not limited to:
1. East Gurley Street from City limits to Courthouse Plaza;
2. White Spar Road from City limits to Montezuma Street to Courthouse Plaza;
3. Iron Springs Road from City limits to Five Points Intersection;
4. Willow Creek Road from City limits to Five Points Intersection to Miller Valley Road to Grove Avenue to West Gurley Street and east to Courthouse Plaza.
For purposes of this subsection only, the notice provisions of Section 8-3-2 shall not apply, and the cost of landscaping and maintaining shall be borne by the City.
8-3-4 SEVERABILITY:
The provisions of this Chapter are declared to be severable and if any section, sentence, clause or phrase of this Chapter shall for any reason be held to be invalid or unconstitutional such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Chapter but they shall remain in effect, it being the legislative intent that this Chapter shall stand notwithstanding the invalidity of any part. (Ord. 1878, 3-24-87)
8-3-5 CIVIL VIOLATION:
In addition to any other remedy set forth herein, violation of any provision of this Chapter shall be a civil violation subject to the provisions of Section 1-3-2 of the Prescott City Code. (Ord. 2102, 8-8-89)