A. Notice to abate.
1. In addition to or in lieu of filing a civil citation or criminal complaint, the city may serve a notice to abate any violation of this code.
2. The notice to abate shall contain the following information:
a. A detailed description of the conditions constituting the violations along with legal citations of applicable code, statutory, or regulatory provisions.
b. The period of time, not less than 30 calendar days from the service of the notice to abate, in which the person responsible for the violation must abate or correct the violation.
c. Identification of the property in violation by legal description and street address, if known, and if unknown, then by book, map, and parcel number.
d. Re-inspection date, if any.
e. Name, business address, and business phone number of the Code Official who issued the notice.
f. A warning statement that if the violations are not corrected within the period stated, the city may abate the nuisance itself or by private contractor, assess the owner for the cost of such abatement, and record a lien on the property for the assessment.
3. Prior to the date set for compliance on the notice to abate, the person responsible for the violation may appeal in writing to the Council. The Council shall, at its next regular meeting no less than 7 calendar days after receiving the appeal, hear the appeal and issue a decision of the Council, which shall be final. The Council may either affirm or reverse the notice or may modify the scope of the work required under the notice to abate. The 30 days given to perform the work shall be stayed during the time from the date the appeal is received by the City Clerk until written notice of the Council’s decision is served in the same manner upon the person responsible for the violation as set forth in § 1.12.050H. The Council may grant an extension of time for compliance at the time of its disposition of the appeal.
4. Nothing in this section shall require the issuance of notice of violation prior to commencement of other enforcement proceedings, including civil or criminal proceedings.
B. Summary abatement. Whenever any violation of the code causes a condition constituting an immediate and emergent threat to the public’s health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. For violations of Title 12: Buildings and Construction, all notices, if any, required under Title 12: Buildings and Construction shall be given in accordance with such provision before the city may summarily abate a violation.
C. Court ordered abatement.
1. In addition to any other abatement procedure provided in this chapter, the City Manager or designee, or the City Attorney’s Office, may apply to the Municipal Court for an order permitting the city to abate any condition that constitutes a violation of this code.
2. After notice to the person responsible for the violation, the judge or court hearing officer shall conduct a hearing. The hearing shall be informal and open to the public. Evidence may be taken from any interested party and considered in determining whether a condition in violation of the public nuisance ordinance exists and what, if any, abatement action should be permitted. Any person who fails to appear after notice of the hearing may be deemed to have waived any right to introduce evidence. The court’s determination shall be based on the preponderance of evidence.
D. Upon finding that abatement is appropriate, the court may order demolition, board-up, clean-up or any other action the court deems reasonably necessary to correct the violation.
E. Statement of account.
1. When the city has undertaken action to abate a violation, the City Manager or designee shall prepare a verified statement of the actual costs of abatement, including associated legal, inspection, and other incidental connected costs. That statement shall further set forth the following:
a. The street address and legal description of the property.
b. Reference to attachment of the notice to abate and order to abate and applicable invoices, contracts, or other documentation of the work done.
c. The date the work was completed.
d. A summary and total of the costs of abatement.
e. That the statement of account is an assessment upon the lots and tracts of land from which the city corrected or abated the violation.
f. That the party has 15 calendar days from the date of service to pay the total cost of abatement.
g. In the event payment is not received in 15 calendar days, the city will place a lien on the property in the amount of the assessment.
h. The right and procedures for appeals of statement of account.
2. The statement of account shall be served in the same manner as prescribed in § 1.12.050H.
3. The statement of account is subject to the same appeal process as outlined in § 1.12.050A.3. If no written and timely request for hearing is made under this section, then the statement of account is final and binding. The city is authorized to record an assessment in the amount specified in the statement of account with the Mohave County Recorder’s Office.
4. From the date of recording, the assessment shall be a lien on the property and shall bear interest at the legal rate until paid. 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 recording thereof.
5. An assessment under this section shall not be a bar to subsequent assessments hereunder and any number of liens on the same property may be enforced in a single action.
6. The city may bring an action to enforce the lien in the superior court at any time after the recording of the assessment, but failure to enforce the lien by such action shall not affect its validity.
F. Recording of violation or lien of assessment. The notice to abate and statement of account and any assessment lien recorded by the city shall run with the land. The city, at its sole discretion, may record a notice to abate, order to abate, and a statement of account with the Mohave County Recorder and thereby cause compliance by an entity thereafter acquiring such property. When the property is brought into compliance, a satisfaction of notice to abate shall be recorded with the Mohave County Recorder. When an assessment lien is paid off, a satisfaction of the lien shall be recorded.
G. Appeal of court decision. Any party may appeal the judgment of the court to the superior court. Appeals from civil proceedings shall be in accordance with the Superior Court Rule of Appellate Procedure—Civil. Execution of any judgment shall be stayed pending appeal.
H. The notice to abate and the statement of account shall be served per the Arizona Rules of Civil Procedure to the person responsible for the violation. Service is deemed effective and complete on the date it is received by the person responsible for the violation.
(Ord. 16-1148, passed 7-12-2016)