Chapter 15.10 ABATEMENT OF PUBLIC HEALTH AND SAFETY HAZARDS

Chapter 15.10
ABATEMENT OF PUBLIC HEALTH AND SAFETY HAZARDS

Sections:

15.10.010 Abatement of conditions constituting a hazard to public health and safety.

A. The owner, lessee or occupant of property shall remove accumulations of filth, debris or dilapidated structures, or abate any condition which is in violation of building codes adopted by STC 15.05.020, 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.

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 abate the condition which constitutes the violation and is 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. 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. 2011-045 § 1; Ord. 2009-25 § 6.]

15.10.020 Penalties.

A. The violation of any provision of this chapter, or any code or regulation adopted by this chapter, shall be a civil infraction. 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 codes.

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. 2015-098 § 1; Ord. 2011-050 § 1; Ord. 2011-045 § 2; Ord. 2009-25 § 6.]