(A) After notice to the owner and any responsible party, the Town Magistrate shall conduct a hearing. Both the town and defendant(s) shall have an opportunity to be heard and present evidence. The rules of evidence shall not apply to these hearings, but the Town Magistrate may make rulings on the conduct of these hearings to ensure that they proceed in an orderly and efficient manner. The Magistrate shall determine whether a violation of this chapter exists and order an abatement of the violation and warrants as appropriate in accordance with division (B). The court’s determination shall be based on a preponderance of the evidence. If a defendant fails to appear for a hearing, the court shall hold the hearing in the defendant’s absence. If the town fails to appear for a hearing, the court shall dismiss the petition without prejudice.
(B) Upon finding that abatement is appropriate, the court may order warrants and other orders for entry, demolition, board-up, cleanup, inspection, lien assessment or any other action the court deems reasonably necessary to abate the violation and allow for the town to recover costs and expenses from the defendant.
(C) Demolition of a structure shall only be ordered following issuance of notice as required by division (A) to the owner and any responsible parties with an interest in the property that is recorded in the office of the county recorder.
(E) The notice required in division (A) shall generally comply with rule 4 of the Arizona Rules of Civil Procedure, except that upon petition by the Town Attorney the court may, upon a finding of good cause, deem the notice requirement satisfied by notice being posted in a conspicuous location on the subject property.
(Res. 1840-22, passed 10-3-2022; Ord. 717-22, passed 10-17-2022)