A. The city may, in addition to or in lieu of issuing a citation, compel an owner, lessee, or occupant of property to remove rubbish, trash, weeds, or other accumulation of filth, debris, or dilapidated buildings that constitute a hazard to public health and safety from the property and its contiguous sidewalks, streets and alleys.
1. Written notice must be provided to the owner, the owner’s authorized agent, or the owner’s statutory agent, and the occupant or lessee by personal service or certified mail. If provided by certified mail, the notice must be mailed to the last known address of the owner, owner’s authorized agent, or owner’s statutory agent and to the address the last tax bill for the property was mailed. Notice must be given at least 30 days prior to the day set for compliance and must include the legal description of the property and the cost of the removal by the city if the owner, occupant, or lessee does not comply. The notice may be recorded in the County Recorder’s Office, and if satisfied, the city must record a release of the notice.
2. Prior to the date set for compliance on the notice, the owner, occupant, or lessee of the property may appeal in writing to the Council unless the removal or abatement is ordered by a court. 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 pursuant to the notice. 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 provided, as set forth in § 1.12.055A.1., upon the owner, occupant, or lessee. The Council may grant an extension of time for compliance at the time of its disposition of the appeal.
3. That 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 percent of any assessed fine or civil penalty shall be deposited in the general fund of the city. At least 50% 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 section, the person 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, the person must provide the city a receipt from a disposal facility or other documentation evidencing lawful disposal of the rubbish, trash, filth or debris.
B. In the event that any person with interest in the property fails to remove the rubbish, trash, weeds, filth, debris, or dilapidated structures and abate the condition which constitutes a hazard to public health and safety, after notice as provided herein has been given, the city may, at the expense of the owner, occupant, or lessee, remove, abate, enjoin, or cause the removal thereof.
C. The cost of removal, abatement, or injunction of the rubbish, trash, weeds, filth, debris or dilapidated builds from any property, and associated legal, inspection, and other incidental connected costs, shall be assessed on the property and may be recorded in the Mohave County Recorder’s Office. Service of the assessment shall be in manner prescribed in § 1.12.055A.1. and appeal of the assessment shall be in the manner prescribed in § 1.12.055A.2.
D. Assessments run against the property until paid. A prior assessment for the purposes provided in this section shall not be a bar to subsequent assessments, and any number of assessments on the same property may be enforced in the same action.
(Ord. 16-1148, passed 7-12-2016)