Chapter 8.35
NUISANCES
Sections:
8.35.020 Abatement of conditions constituting public health and safety hazards.
8.35.010 General.
A. It is unlawful for any person to maintain a public nuisance. A public nuisance includes, but is not limited to, any fence, wall, shed, deck, garage, building, structure or any part of aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk sub-space; or any lot, land, yard, premises or location which, in its entirety, or in any part thereof, by reason of the condition in which same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the town, or which unlawfully obstructs the free passage, view in such a way to create a traffic hazard, or use in a customary manner of any public place, street, sidewalk or alley in the town, in any one or more of the following particulars:
1. By reason of being a menace, threat, and/or hazard to the general health and safety of the community.
2. By reason of being a fire hazard.
3. By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property.
B. It shall be considered a nuisance and unlawful for any property owner or renter to store a junk vehicle or a major component of a motor vehicle on or near any residential lot within the town. A major component of a motor vehicle shall be considered to be a car or truck body, or parts thereof with or without wheels, a car or truck chassis, an engine block, transmission or axle with or without any ancillary features. A junk vehicle means any motor vehicle which is, at a minimum, of a type subject to registration under ARS Title 28, but does not have lawfully affixed thereto unexpired number or license plates assigned to the vehicle by any state, and in addition, which exhibits one or more of the following conditions: wrecked, partially or fully dismantled, abandoned, stripped, substantially damaged, inoperative, inoperable, unused, scrapped, having the status of hulk or shell, discarded, or unable to be safely operated. A historic vehicle legitimately under restoration shall not be considered a junk vehicle. [Ord. 2011-044 § 1; Ord. 1998-12; prior code § 14-2-1.]
8.35.020 Abatement of conditions constituting public health and safety hazards.
A. The owner, lessee or occupant of property shall remove rubbish, trash, weeds or other accumulations of filth, debris or dilapidated structures which constitute a hazard to public health and safety from buildings, grounds, lots, contiguous sidewalks, streets and alleys.
1. The town must give written notice of the violation to the property owner by notifying the owner, the owner’s authorized agent or the owner’s statutory agent, and to the occupant or lessee, by either personal service or certified mail, as provided below.
a. If notice is served by certified mail, the notice shall be mailed to the last known address of the owner, the owner’s authorized agent or the owner’s statutory agent and to the address to which the tax bill for the subject property was last mailed.
b. The notice shall be given not less than 30 days before the day set for compliance and shall include the legal description of the property and the cost of such removal to the town if the owner, occupant or lessee does not comply.
c. The notice shall include language advising the owner, the owner’s authorized agent, or the owner’s statutory agent of the right to appeal under the provisions of STC 15.05.080.
d. The owner shall be given not less than 30 days to comply.
e. The town may record the notice in the Pima County recorder’s office. If the notice is recorded and compliance with the notice is subsequently satisfied, the town shall record a release of the notice.
2. The property owner may file an appeal as set forth in STC 15.05.080. Language setting forth the process for appeal and hearing must be included on both the notice and the assessment against the property, unless the removal or abatement is ordered by a court.
3. It shall be a violation of this chapter for any person, firm or corporation to place any rubbish, trash, filth or debris upon any private or public property not owned or under the control of that person, firm or corporation.
B. If any person with an interest in the property, including the owner, lienholder, lessee or occupant, after notice as required by subsection (A)(1) of this section, does not remove such rubbish, trash, weeds, filth, debris or dilapidated structures and abate the condition which constitutes a hazard to public health and safety, the town may remove, abate, enjoin or cause their removal.
C. If the removal or abatement is carried out by the town at its expense, upon failure of the property owner, lienholder, lessee or occupant to do so after proper notice, the cost for removal or abatement, including the actual costs of any additional inspection and other incidental connected costs incurred therewith, shall be assessed upon the property as follows:
1. The assessment shall be recorded in the office of the Pima County recorder and shall include the date of the assessment, the amount of the assessment, the legal description of the property and the name of the town of Sahuarita as the town imposing said assessment.
D. Pursuant to Arizona State law, any assessment recorded after July 15, 1996, is prior and superior to all other liens, obligations, mortgages or other encumbrances, except liens for general taxes. A sale of the property to satisfy an assessment obtained under the provisions of this section 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 superior court of Pima County at any time after the recording of the assessment, but failure to enforce the assessment by such action shall not affect its validity. The recorded assessment shall be prima facie evidence of the truth of all matters recited in the assessment and of the regularity of all proceedings prior to the recording of the assessment.
E. Assessments that are imposed under subsection D of this section run against the property until paid and are due and payable in equal annual installments as follows:
1. Assessments of less than $500.00 shall be paid within one year after the assessment is recorded.
2. Assessments of $500.00 or more but less than $1,000 shall be paid within two years after the assessment is recorded.
3. Assessments of $1,000 or more but less than $5,000 shall be paid within three years after the assessment is recorded.
4. Assessments of $5,000 or more but less than $10,000 shall be paid within six years after the assessment is recorded.
5. Assessments of $10,000 or more shall be paid within 10 years after the assessment is recorded.
F. An assessment that is past due accrues interest at the rate prescribed by ARS 44-1201.
G. A prior assessment for the purposes provided in this section shall not be a bar to a subsequent assessment or assessments for these purposes, and any number of assessments on the same lot or tract of land may be enforced in the same action.
H. For purposes of this section:
1. “Property” includes buildings, grounds, lots and tracts of land.
2. “Structures” includes buildings, improvements and other structures that are constructed or placed on land. [Ord. 2011-044 § 2; Ord. 2009-28 § 1; Ord. 1998-12; prior code § 14-2-2.]
8.35.030 Penalties.
A. The violation of any provision of this chapter, or any code or regulation adopted by this chapter, shall be a class 1 misdemeanor. In addition to any fine or penalty which may be imposed for a violation of any provision of this chapter, any person, firm or corporation is liable for all costs which may be assessed pursuant to this chapter for abating the condition which constitutes a violation of the adopted code.
B. In addition to any other remedies, the town authority may institute any appropriate action or proceedings to restrain, correct, or abate any violation of the codes adopted herein. In any such action or proceeding, the court with jurisdiction thereof has the power to, and in its discretion may, issue a restraining order, or a preliminary injunction, upon such terms and under such conditions as will do justice and enforce the purpose of the codes. [Ord. 2011-044 § 3; Ord. 2009-28 § 2.]