Sections:
18-5-1 Authority
18-5-2 Presumptions
18-5-3 Enforcement options
18-5-4 Misdemeanor violations
18-5-5 Inspections
18-5-6 Voluntary compliance
18-5-7 Corrective action plans
18-5-8 Civil complaints
18-5-9 Civil complaints; court appearance or failure to appear
18-5-10 Authority to issue criminal complaints
18-5-11 Jurisdiction and procedure of municipal court
18-5-12 Procedure for abatement petitions filed in municipal court
18-5-13 Procedure for emergency abatement petitions filed in municipal court
18-5-14 Civil penalties
18-5-15 Criminal penalties
18-5-16 Additional fees
18-5-17 Notice to abate
18-5-18 Service of notice to abate
18-5-19 Effect of notice to abate
18-5-20 Town may abate
18-5-21 Town assessment for abatement
18-5-22 Assessment lien
18-5-23 Emergency abatement
18-5-24 Notice to abate; abatement regarding criminal activity
18-5-25 Town may abate or bring action; abatement regarding criminal activity
18-5-26 Town recordation of action
18-5-27 Assessment for abatement regarding criminal activity
18-5-28 Declaration of structure unfit for human habitation
A. The owner of land, as recorded in the Pima County Recorder's Office, is presumed to have control over the land and buildings and accessory improvements on the land. If more than one person is recorded as the owner of land, all persons on record are presumed to have joint and separable control over the land and buildings and accessory improvements on the land. The occupant residing or operating a business on land or in a building is presumed to have control over the building and land on which it is located. These presumptions shall not prevent the enforcement of this chapter against persons other than record owners, to include lessees, tenants and occupants.
B. Under the state statutes regarding criminal nuisance, the owner, leaseholder or person with legal privilege to control land, shall be deemed to have notice of the criminal nuisance as set forth in the state statutes.
C. All presumptions are rebuttable.
A. The town, its officers and employees may enforce this title by one or more lawful means, including but not limited to, voluntary compliance, administrative and civil consent orders, civil enforcement, including injunctive action, criminal enforcement and abatement by administrative procedure, emergency abatement and abatement regarding criminal activity. The town may also require restitution and additional fees. The town may immediately remove any hazardous item, structure or sign from any street or public place. One type of enforcement neither limits nor precludes the town from pursuing any other type of enforcement.
B. A violation of this title is in addition to any other violation of the Town Code. Enforcement of a violation of this title in no way limits enforcement of any other violation of the Town Code or of state statutes.
Notwithstanding the provisions of section 18-5-3, a violation of this title may only be deemed a class one misdemeanor if the violation is:
A. The second or subsequent public nuisance as defined in section 18-2-1; or
B. The second or subsequent violation of any other section within two years of the first violation.
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