Chapter 8.20 NUISANCES

"Debris" means garbage, refuse and rubbish and all other waste material, including animal excrement, which, if thrown or deposited in a manner prohibited by this chapter, tends to create a danger to public health, safety and welfare and includes, but is not limited to, industrial waste, furniture part, stove, sink, household fixture or appliance, vehicle part, mattress, rubbish, dead animal, trash, glass, cans, bottles, refuse, ash, broken or neglected equipment and materials; broken asphalt, broken tile, broken brick, or broken concrete; paper and metal such as containers or cans, dry vegetation, tumbleweeds, weeds, bushes, hedges and tall grass and trees including dead or dying trees and bushes that present a visual blight upon the area and/or which may harbor insect or rodent infestations or may likely become a fire hazard or otherwise threaten the health and safety or the economic welfare of adjacent property owners or occupants.

"Fences, screen walls and/or retaining walls" means self-standing structures, including gates and other structures designed to provide privacy, semi-privacy, security or bank retention between grade separations.

"Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

“High grass/weeds” means grass and/or weeds that are twelve (12) inches or more in height.

"Inoperable or disabled vehicle" means a vehicle or any major portion thereof which has two (2) or more flat tires, or which is incapable of movement under its own power and will remain so without major repair or reconstruction, whether licensed or unlicensed.

"Major repair" means the removal or replacement of a part of a vehicle or a major portion thereof, including, but not limited to, the differential, transmission, head, engine block, oil pan, door, radiator, axle, brakes or fenders.

"Private premises" means any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes, but is not limited to, any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

"Public nuisance" means any condition or use of premises or building exteriors, within the City, which is detrimental to the property of others, or which causes or tends to cause substantial diminution in the value of other property in the neighborhood or district in which such premises are located. This definition includes, but is not limited to, "debris," "refuse," "rubbish," or "garbage" as defined in this section.

"Public place" means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

"Refuse" means all putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or junked vehicles or parts thereof, and solid market and industrial wastes.

"Rubbish" means nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, cardboard, metal cans, yard clippings, leaves, metal, wood, glass bedding, crockery and similar materials.

"Street" or "road" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel and includes the whole right-of-way of the public entity maintaining said way, whether such right-of-way is paved or not.

"Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks, except for a device propelled solely by human power. Also included are any and all boats that are required to have a license. (Ord. 1362 § 1, 2021; Ord. 1340 § 1, 2019; Ord. 1224 (part), 2014: Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 1, 1990; Ord. 574 § 1 (part), 1987: prior code § 17-81)

8.20.015 Right of Entry

The City Inspector or others are authorized to enter the premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the City Inspector or others are authorized to pursue recourse as provided by law. (Ord. 1224 (part), 2014: Ord. 1005 (part), 2007)

8.20.020 Acts of Omission and Conditions of Public Nuisance

The following specific acts, omissions, conditions and things in or upon any private lot which includes the front, back and side yards, building, structure or premises, or in or upon any public right-of-way which includes the area between the sidewalk and curb, street, avenue, alley or easement (to the midpoint on each side), park, parkway, or other public or private place in the City are hereby declared to be public nuisances:

A. Filthy, littered or trash-covered exterior areas, including all buildings and structures thereon and areas adjacent thereto;

B. Accumulations of trash, litter, rags, empty barrels, boxes, lumber not neatly piled, scrap iron, tin and any other metal not neatly stored, bottles, glass, cans, ashes, wire, metal articles, broken stone or cement, broken plaster and all other trash and abandoned material, including "debris," "refuse," "rubbish," and "garbage" as defined herein;

C. Any unsightly and dangerous building, billboard or other structure, or any old, abandoned or partially destroyed building or structure, or any building or structure commenced and then abandoned;

D. Any unguarded or abandoned excavation, pit, well or hole which may be dangerous, injurious or harmful to life or property;

E. To leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under the control of any person and in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside, without first removing the door or lid, snap lock or other locking device from the icebox, refrigerator or container;

F. The doing of any act, or omitting to perform a duty, or suffering or allowing or permitting any condition or thing to be or exist, which act, omission, condition or other thing either unlawfully interferes with, obstructs or renders dangerous the free passage or use, in the customary manner, of any stream, public park, parkway, square, sidewalk, street or highway in the City;

G. All inoperable or disabled vehicles, or vehicles while being repaired or restored for more than fifteen (15) calendar days, but not stored in an enclosed area by the owner or occupant of the property upon which such vehicle is located, in such a manner as to not be visible from any point outside the property upon which such inoperable or disabled vehicle, while being repaired or restored, is stored or parked. It shall also be a violation of this subsection for an owner or occupant to move an inoperable or disabled vehicle, which is in violation of this subsection, from one (1) property to another property in order to avoid the penalty for violation of this subsection;

H. To allow a fence to lean more than ten (10) degrees or have five (5) percent missing, loose or broken, to include slates or panels. No fence is allowed to have initials, slogans, symbols, designs, or drawings, written, spray-painted, etched, or sketched or otherwise applied, except for signs which pertain to the address or occupancy of the property, without consent of the owner and visible from a public right-of-way. (Ord. 1362 § 1, 2021; Ord. 1224 (part), 2014: Ord. 1060, 2008; Ord. 1038, 2007; Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 574 § 1 (part), 1987: prior code § 17-82(A))

8.20.030 Inoperable or Unregistered Vehicles

A. No person shall park, or permit to be parked, on any residential property or commercial property where prohibited by one (1) or more other provisions of the City code, any vehicle which is inoperable and is visible from beyond the boundary of the property.

B. No person shall park or permit to be parked on any residential lot, any vehicle which does not display current registration and is visible from beyond the boundary of the property. This subsection shall not apply to off-road recreational motor vehicles designed primarily for recreational nonhighway all-terrain travel.

C. The owner of record of the property upon which a vehicle is parked in violation of subsection A or B of this section shall be prima facie responsible for any violation of this section. If more than one (1) person shall be recorded as the owner of the property, said persons shall be jointly and severally prima facie responsible for the violation and subject to the sanction therefor.

D. Defenses.

1. It is an affirmative defense to a violation of subsections A and B of this section that the vehicle was registered to a resident of the property, that the vehicle was undergoing repair, and that the total period during which the vehicle was under repair did not exceed fifteen (15) calendar days.

2. It is an affirmative defense to a violation of this section that the vehicle was placed on the property without the consent of any owner or agent of any owner of the property and that the vehicle was removed beyond the property within fifteen (15) calendar days of its placement on the property.

3. It is an affirmative defense to a violation of this section that the vehicle is in or upon the backyard of the premises in question and is not visible from beyond the boundary of the property. (Ord. 1224 (part), 2014: Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 574 § 1 (part), 1987: prior code § 17-82(B))

8.20.035 Outdoor Storage

No property facing a public street in any residential zone shall be used for the storage of debris or inoperable/disabled vehicles. (Ord. 1224 (part), 2014: Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 815, 2000)

(Manual, Amended, 02/19/2006)

8.20.040 Abatement of Nuisances

Any public nuisance committed under this chapter may be abated in any manner provided by law. (Ord. 1224 (part), 2014: Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 574 § 1 (part), 1987: prior code § 17-83)

8.20.045 Abatement of High Grass, Weeds and Litter

If the public nuisance committed under this chapter is high grass, weeds and/or litter and the nuisance is in the public right-of-way as defined in Section 8.20.020, the City may choose to abate the nuisance (or pay a contractor to complete the work) prior to a complaint against the property owner, lessee, or occupant being filed in court. The owner, lessee or occupant shall be required to pay the actual cost, plus an additional fifty (50) percent of such cost, to the City within thirty (30) calendar days after the assessment has been mailed to the last known address of record of the owner, lessee or occupant. Failure to comply will result in civil or criminal court action. (Ord. 1362 § 1, 2021; Ord. 1224 (part), 2014: Ord. 1136 § 1, 2010)

8.20.060 Removal and Disposition by City

When any such owner, tenant, lessee, occupant or other person to whom notice has been mailed fails, neglects or refuses for more than twenty (20) calendar days from the date appearing on such notice to abate such nuisance, the Code Enforcement Officer and/or police officer is authorized to remove such nuisance and/or inoperable or disabled motor vehicles from such premises and dispose of same according to the Arizona Revised Statutes relating to inoperable or disabled vehicles. (Ord. 1224 (part), 2014: Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 574 § 1 (part), 1987: prior code § 17-85)

8.20.070 Debris Prohibited

A. Duty to Maintain Premises Free of Hazards. All owners, lessees or occupants of any building, grounds, lots, premises or acreage and all sidewalks, streets and alleys contiguous thereto, within the City shall control and maintain such aforesaid areas so as not to constitute a violation of public health, welfare or safety. Any accumulation of debris, as defined heretofore or inoperable or disabled vehicles without regard to value, if any, that present a visual blight upon the area and/or which may harbor insect or rodent infestations or may likely become a fire hazard or otherwise threaten the health and safety or the economic welfare of adjacent property owners or occupants, is hereby declared to be a danger to the public health, welfare and safety and shall be abated promptly after notice to do so is given by the City. (Ord. 1224 (part), 2014: Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(a))

8.20.080 Debris Abatement Procedures

A. Areas shall be cleared of all debris except that clean soil and gravel-sized stone may be spread evenly over the surface in a manner not to interfere with drainage.

B. Prohibitions in this chapter regarding weeds do not apply to parcels of land exceeding two and one-half (2-1/2) acres which are in their natural, ungraded/unaltered state, acreage impossible to service with large machinery due to its terrain, and governmental agencies. This exemption is not operable when actual fire danger to surrounding properties exists. (Ord. 1224 (part), 2014: Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(b))

8.20.085 General Informal Guidelines

For the purposes of enforcing this code, the following general guidelines will be followed. A ten (10) calendar day period will be allowed for compliance after the City Inspector or other designated City employee makes initial contact with any owner, lessee, or occupant. If compliance with the direction of the City Inspector or City employee has not occurred within the said ten (10) days, the formal letter, described in Section 8.20.090, outlining written notice of the violation will be sent. (Ord. 1224 (part), 2014: Ord. 1136 § 2, 2010: Ord. 1101 § 1, 2009: Ord. 1005 (part), 2007)

8.20.090 Written Notice to Abate Required–Contents

Any person or entity who owns, leases or occupies any building, lot, premises or acreage within the City who fails to comply with this chapter shall be given a written notice by the City to abate such violation. Such notice shall contain a brief statement of the violation, the legal description of the property, and the cost of such removal if compliance is not obtained. The notice shall inform such person of his rights of appeal and that failure to comply with the notice within the stated time periods will cause the City to take further corrective action which could result in issuance of a civil citation or in the abatement of the violation(s) by the City. The date set for compliance shall be not less than thirty (30) calendar days from the date of service of the notice unless otherwise stated in the notice. (Ord. 1362 § 1, 2021; Ord. 1340 § 2, 2019: Ord. 1224 (part), 2014: Ord. 1136 § 3, 2010: Ord. 1101 § 2, 2009; Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(c))

8.20.100 Service of Notice

Notice to abate shall be served on the owner, the owner’s statutory agent (if any), and to the lessee or person occupying such property by the City Inspector or a duly authorized representative by personal service or certified mail, at 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 property was last mailed. If the owner does not reside on such property, a duplicate notice shall also be sent to him at his last known address or, if unknown, the address to which the tax bill for the property was last mailed.

In the event that service cannot be accomplished as set forth above, the defendant(s) may be served by any means allowed by the Arizona Rules of Civil Procedure for the superior court.

The notice to abate and the assessment lien shall run with the land. The City, in its sole option, may record a notice to abate with the County Recorder and thereby cause compliance by any entity thereafter acquiring such property. The nonfiling of any notice to abate shall in no way affect the validity of such notice as to the entities actually notified. A satisfaction of a notice to abate or assessment lien shall be filed by the City when the property is brought into compliance by the owner, occupant or lessee.

Where multiple ownership exists of a property in violation of this chapter, the City may serve any one (1) owner of record and such service shall be deemed to be service upon any party having or claiming an ownership interest in the property. After service upon any one (1) owner, the City may proceed under this chapter the same as if all owners had been served. (Ord. 1362 § 1, 2021; Ord. 1340 § 3, 2019: Ord. 1224 (part), 2014: Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(d))

8.20.110 Abatement of Nuisances by City– Assessment of Costs

When any owner, lessee or occupant to whom notice to abate has been given fails, neglects or refuses to abate the prohibited violation from such property by the date set for compliance within the notice, the City may abate such violation. Upon abatement of the violation, the City shall prepare an assessment containing a verified statement of the actual cost of such removal or abatement. The owner, lessee or occupant shall be required to pay the actual cost, plus an additional fifty (50) percent of such cost, to the City in the time provided in A.R.S. § 9-499(F). A duplicate copy of such assessments shall be mailed to the person or persons to whom the original notice of removal was mailed in the manner heretofore prescribed for service of the notice of removal. The assessments imposed under this section, and in compliance with A.R.S. § 9-499(F), run against the property until paid. (Ord. 1362 § 1, 2021; Ord. 1224 (part), 2014: Ord. 1129 (part), 2010; Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 646 § 1 (part), 1993: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(e))

8.20.115 Emergency Abatement of Violations by the City

A. When a violation of this code poses a substantial and immediate threat of serious harm to the health or safety of any person, then the City may immediately enter the property and take the minimum action necessary to relieve the threat of serious harm. Prior to entering the property, the City shall obtain:

1. The consent of a person who owns, leases, rents, occupies, controls, or has the right to control the property; or

2. A search warrant from the City Municipal Court Judge authorizing the City to enter the property and relieve the threat of harm.

The Municipal Court Judge shall issue such an order only upon a showing that probable cause to believe that a violation of this code exists which poses a substantial and immediate threat of serious harm to the health or safety of any person on the property.

B. Any person who owns, leases, rents, occupies, controls, or has the right to control the property who is found to be in violation of this section may be issued a criminal citation for all violations causing the emergency abatement. The Municipal Court Judge may impose monetary reimbursement orders as justified by the violations. (Ord. 1224 (part), 2014: Ord. 1005 (part), 2007)

8.20.120 Lien for Assessment

When the time for appeal from a notice to abate or from an assessment has expired or after an appeal is taken and the Hearing Officer affirms or modifies the amount of the assessment, such final assessment shall be forthwith recorded in the office of the County Recorder of Navajo County, Arizona, and from the date of its recording shall be a lien on such lot, tract of land or premises described in the assessment, until paid in compliance with A.R.S. § 9-499(E), as amended. Such liens shall be subject to and inferior to the lien for general taxes, and prior and superior to all other liens, obligations, mortgages or encumbrances. A sale of the property to satisfy a lien obtained under the provisions of this section pursuant to a "complaint to enforce assessment" shall be made upon judgment of foreclosure and order of sale. The City shall have the right to bring an action to enforce the assessment lien by sale of the subject property in the Superior Court of Navajo County, at any time after the recording of the assessment, but failure to enforce the lien by such action shall not affect its validity. The 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. A prior assessment for the purposes provided in this section shall not be a bar to a subsequent assessment or assessments for such purposes and any number of liens on the same private premises may be enforced in the same action. Any present water service delivered to the site will also be assessed the charges and billed the entire amount until satisfied by payment. If the lot is unimproved, permit issuance for any improvements and requests for utility services will be denied until such charges are paid in full. (Ord. 1362 § 1, 2021; Ord. 1224 (part), 2014: Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 646 § 1 (part), 1993: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(f))

8.20.130 Right of Appeal

Any person upon whom a notice to abate has been served or against whom an assessment has been made may appeal both the notice and the assessment to the Hearing Officer, as follows:

A. Prior to the date set for compliance on the notice to abate, any person on whom such notice has been served may appeal to the City Hearing Officer from the demands of the City Inspector or a duly authorized representative contained in the notice to abate. Such appeal must be in writing and filed with the Clerk of the City within seven (7) calendar days from the date of service of the notice to abate.

B. Any person upon whom an assessment is served under the provisions of this chapter may appeal the validity and the amount of such assessment to the Hearing Officer. Such appeal shall be in writing and filed with the Clerk of the City within seven (7) calendar days from the date of service of the assessment.

C. The Hearing Officer shall, within twenty (20) calendar days from the date of filing of any appeal under this chapter, hear and determine such appeal, and the decision of the Hearing Officer shall be final. The Hearing Officer may affirm, reverse or modify the scope of the work as required by the notice to abate and/or the amount of assessment contained in the verified statement. If the appeal is timely filed, no action shall be taken by the City until the Hearing Officer has heard and determined all matters contained in the notice of appeal. If the appeal is from a notice to abate, the appellant shall be granted an additional twenty (20) calendar days from the date of the Hearing Officer’s final determination in which to abate the violation pursuant to such determination. (Ord. 1224 (part), 2014: Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(g))

8.20.140 Liability for Costs of Fire Department

After service of the notice to abate as provided herein, the owner, lessee and occupant of such premises shall be jointly and severally liable for any and all reasonable charges incurred by reason of the fire department being required to respond to property not abated as required by the notice to abate. When incurred, such charges shall be treated in the same manner and be subject to the same rights of appeal as charges incurred in bringing the property into compliance with the provisions of the code. (Ord. 1224 (part), 2014: Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(h))

8.20.150 Responsibility upon Transfer of Property

The transfer of any and all property interests in any manner, including, but not limited to, the sale, trade, lease, gift or assignment of any real property against which a notice to abate has been issued shall not relieve the party(ies) served unless the legal entity assuming an ownership interest in such property, in writing, assumes responsibility for compliance with the notice to abate and a copy of such writing is presented to the City. (Ord. 1224 (part), 2014: Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(j))

8.20.160 Fraudulent Transfer

Any legal entity, real or statutory, who transfers the ownership interest in real property against which a notice to abate has been served without obtaining a written acceptance of liability from the new owner for the items listed in the notice to abate shall be guilty of a Class 1 misdemeanor and punishable pursuant to State statute. (Ord. 1224 (part), 2014: Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(k))

8.20.170 Interference with Enforcement, Abatement

Any person who interferes with, prevents, or attempts to interfere with or prevent an individual employed by the City or other person contracted by the City from investigating an alleged violation of this chapter, or from correcting or abating a violation of this chapter, is guilty of a Class 1 misdemeanor and show the punished as set out in State statute. (Ord. 1224 (part), 2014: Ord. 1005 (part), 2007)

8.20.180 Violations–Penalties

In addition to any cost incurred, any person, firm or corporation found guilty of violating any of the provisions of this chapter shall be guilty of a Class 3 misdemeanor. Each occurrence or day the violation continues shall be a separate offense.

Notwithstanding the foregoing, in accordance with A.R.S. § 9-499(a)(3), any person that recklessly places or causes to be placed any rubbish, trash, filth or debris on any property not owned or under the control of that person:

A. Is guilty of a Class 1 misdemeanor or a civil violation unless that person immediately removes or causes to be removed the rubbish, trash, filth or debris from that property. One hundred (100) percent of any assessed fine or civil penalty shall be deposited in the general fund of the City in which the fine or civil penalty was assessed. At least fifty (50) percent of the fine or civil penalty shall be used by the city for the purposes of illegal dumping cleanup.

B. In addition to any fine or penalty imposed for a violation of this subsection, is liable for all costs that may be assessed pursuant to this section for removing, abating or enjoining the rubbish, trash, filth or debris and for all costs incurred by the owner, lessee, occupant or lienholder of the property in the removal and disposal of the rubbish, trash, filth or debris.

C. If required to remove any rubbish, trash, filth or debris pursuant to this section, shall provide the City with a receipt from a disposal facility or other documentation evidencing lawful disposal of the rubbish, trash, filth or debris. (Ord. 1362 § 1, 2021; Ord. 1340 § 4, 2019: Ord. 1224 (part), 2014: Ord. 1097 § 1, 2009: Ord. 1005 (part), 2007: Ord. 990 (part), 2006: Ord. 602 § 2 (part), 1990: Ord. 574 § 1 (part), 1987: prior code § 17-86(i))