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(A) Notice to abate.
(1) If, after an inspection, the town finds 1 or more violations of this title, and the town elects to use the abatement process, the town shall, in writing, notify the person in control of the property.
(2) The notice to abate shall set forth the following information:
(a) The person in control has 35 calendar days from the date of the notice to abate or correct the violation.
(b) Location of the property in violation by street address if known and, by book, map and parcel number.
(c) Statement of the violation(s) in sufficient detail to allow a reasonable person to identify and correct the violation(s).
(d) An estimate of the cost of abatement by the town plus 10% for the costs of inspection and other incidental costs associated with abating the nuisance.
(e) Re-inspection date and time.
(f) Name, address and telephone number of the town compliance agent who sent the notice to abate.
(g) A warning stating that if the violation is not corrected within 30 days of the date of the notice, the town may abate the nuisance and assess the person in control the cost of such abatement and record a lien against the property for payment of the assessment.
(h) A statement that the person in control may appeal the abatement order in writing to the Town Council within 15 days from the date of the notice.
(3) The Town Manager may extend the time limits set forth in division(A)(2) of this section if the person in control demonstrates to the satisfaction of the Town Manager that complying with the notice of violation or notice to abate is a hardship and if the person in control agrees in writing to a schedule for correcting the violation bringing the property into compliance with the requirements of this title and complies with the schedule.
(4) The notice requirements set forth in this division (A) do not apply in an emergency abatement situation.
(B) Service of notices.
(1) Any notice required to be given under this section shall be accomplished by a compliance agent of the town delivering the notice to the person in control of the property, or by mailing the notice to the person in control by certified mail, return receipt requested. If the property owner is not the occupant or person in control, a duplicate notice shall be mailed to him or her by certified return receipt requested mail at his or her last known address and to the address as shown on the most recent records of the Yavapai County Assessor’s Office, if different.
(2) Notice is deemed effective on the date it is hand delivered or five calendar days after it is deposited in the United States mail.
(3) Nothing herein shall preclude the town from giving additional oral or written notice at its discretion. If the town elects to give additional notice in any instance, it shall not thereby become obligated to give such additional notice thereafter in the same or other situation.
(C) Recording a notice to abate. The notice to abate shall run with the land. The town, at its sole option, may record a notice to abate with the County Recorder and thereby cause compliance by an entity thereafter acquiring such property. The non-filing of any notice to abate shall in no way affect the validity of such notice as to entities so notified. When the property is brought into compliance by the person in control a satisfaction of notice to abate shall be filed with the County Recorder.
(D) Appeals to the Council.
(1) A notice to abate or assessment may be appealed to the Town Council.
(2) An appeal must be filed within 15 calendar days of the service of the notice to abate or assessment and must be filed with the Town Clerk’s office.
(3) Failure to timely file an appeal shall constitute a waiver of the right to a hearing of the appeal before the Town Council. Any person who fails to timely file an appeal shall be estopped from denying the validity of any notice or assessment that could have been timely appealed.
(4) The notice of appeal shall set forth, in writing, the owner’s reason for believing he or she is not in violation of this title or that the assessment is excessive of unjust.
(5) The notice of appeal shall be accompanied by an appeal fee of $25, to be deposited in the general fund of the town.
(6) In case of financial hardship, as determined by the Town Clerk, the appeal fee may be suspended until the decision on appeal is rendered. The Town Council may either waive the fee upon a finding of financial hardship or find no financial hardship and require the fee to be paid.
(E) Grounds for appeal. The following shall constitute reasonable grounds for appeal of a notice to abate or assessment:
(1) A claim that the property or building subject to the notice is not in violation of the ordinance;
(2) A claim that the true intent of the code section allegedly violated or standards described in that section were incorrectly interpreted; or
(3) A claim that the statement of costs for correcting or abating the violation is excessive.
(F) Procedure on appeal.
(1) The Town Clerk shall set a date for hearing an appeal within 40 calendar days of receipt by the Town Clerk of the notice of appeal.
(2) The Town Council shall hear testimony from all parties to the appeal. The parties may, if they choose, be represented by an attorney.
(3) The Town Council shall prepare a written summary of the hearing and shall set forth the decision reached. The findings and decision shall be mailed to all parties to the appeal.
(G) Conflicting provisions; special assessment.
(1) Conflict of ordinances.
(a) In any case where a provision of this title is in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the town existing on the effective date of this title, the provision which establishes the higher standard for promoting and protecting public health and safety shall prevail.
(b) This title is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this title, or with private restrictions placed upon the property by covenant, deed, or other private agreement.
(c) In cases where 2 or more provisions of this title are in conflict, the most stringent or restrictive shall prevail.
(2) Special assessment lien.
(a) If the town is required to correct or abate a violation pursuant to this section, the town shall prepare a verified statement and account of the actual cost of such correction or abatement, including an additional 10% of the actual costs for inspection and other incidental costs incurred in connection with such correction or abatement. The verified statement and account shall be an assessment upon the property on which the town corrected or abated the violations and shall be collected at the same time and in the same manner as other town assessments are collected. Such assessment shall be recorded in the office of the Yavapai County Recorder and from the date of its recording shall be a lien on the property. Such lien shall be prior and superior to all other liens, obligations, mortgages or other encumbrances, except liens for general taxes. A sale of the property to satisfy a lien obtained under the provisions of this section shall be made upon judgment of foreclosure and order of sale. The town may institute an action to enforce the lien in the Yavapai County Superior Court at any time after the recording of the assessment. 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.
(b) A prior assessment pursuant to this title shall not be a bar to a subsequent assessment, and any numbers of liens on the same lot or tract of land may be enforced in the same action.
(Ord. 2019-864, passed 7-23-2019; Am. Ord. 2019-875, passed 11-12-2019)