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§ 91.04 INSPECTIONS.
   (A)   The City Community Enhancement Technician, or such other designated city official, is hereby authorized to make inspections for violations of this chapter in the normal course of job duties or in response to a citizen complaint when there is reason to believe that a violation of this chapter has been or is being committed and where necessary to certify compliance with an enforcement action.
   (B)   In order to investigate possible violations or to determine compliance with this chapter, private property may be entered with the consent of the owner or occupant. If consent is denied or cannot be obtained, private property may only be entered with an administrative warrant issued by a court of competent jurisdiction.
(1976 Code, § 9-1-4) (Ord. 593-12, passed 8-8-2012; Ord. 628-16, passed 6-22-2016)
§ 91.05 PUBLIC NUISANCE PROHIBITED.
   The following acts, omissions, conditions and things in or upon any land or structure in the city, or the failure to comply with any of the following standards constitute public nuisances, the existence of which are hereby prohibited and declared to be unlawful; the provisions of this section are not exclusive and may be duplicative of other provisions, codes and regulations adopted by the city; all provisions, codes and regulations of the city, including those in this section, may be applied cumulatively or separately for purposes of enforcement.
   (A)   It shall be unlawful to maintain any condition defined as or deemed to be a nuisance or hazard to the public health, safety or welfare by any statute of the state or any code or ordinance adopted by the city.
   (B)   Any attractive nuisance, dangerous to children and other persons including, but not limited to, abandoned, broken, or neglected household appliances, equipment and machinery, abandoned foundations or excavations, or improperly maintained or secured pool, hot tub or spa.
   (C)   It is unlawful for any person to erect or maintain within the city any above ground electric fence.
   (D)   It shall be unlawful for any person to cause or allow the storage of any abandoned or junk vehicle, except where such storage is in complete compliance with this chapter and the City Zoning Code.
      (1)   In residential areas, all abandoned or junk vehicles being stored, restored or repaired shall be kept safely within a lawful building or structure or behind a lawful fence in such a manner as to not be visible from beyond the lot boundaries.
      (2)   Abandoned or junk vehicles shall not be stored on the premises of a business enterprise unless the enterprise is lawfully licensed under the city code for such purpose, or such storage is necessary to the operation of the business enterprise, and such storage is otherwise in conformance with the city code and zoning ordinance.
   (E)   No person shall allow, deposit, store, accumulate or maintain garbage, trash, refuse, rubbish, litter or junk that is visible from beyond the lot boundaries, except for temporary storage of such materials in an authorized receptacle for collection in compliance with Chapter 50 of this code.
   (F)   No person shall deposit, discard, store, maintain or knowingly permit to remain on land, under his or her control, in a place accessible to children, any icebox, refrigerator, ice chest or other airtight or semi-airtight container or appliance which has a capacity of one and one-half cubic feet or more and/or an opening of 20 square inches or more and which has a door or lid equipped with hinge, latch or other fastening device.
   (G)   All persons owning or occupying land, whether improved or unimproved, shall keep the sidewalks or public places fronting or bordering their property free of garbage, trash, refuse, rubbish, litter or junk; provided, however, this section shall not prohibit the temporary storage of such materials in authorized receptacles for collection in compliance with Chapter 50 of this code.
   (H)   No owner or occupant of land, whether improved or unimproved, shall allow trees, shrubs or plant growth on that land to encroach upon or impede, obstruct or interfere with passage on, any street, sidewalk, easement or alley within the city or to obstruct visibility of any traffic control device or signal, or dead, decayed, diseased or hazardous trees, weeds, hedges, and overgrown or uncultivated vegetation which is in a hazardous condition or which is likely to harbor rats, vermin or other pests. This section does not apply to properly maintained compost bins.
   (I)   No owner or occupant of land, whether improved or unimproved, except on land designated as parks/open space or future development, shall allow, maintain, or accumulate weeds, grass or other plant growth that are dead, dormant, sticker, or due to height or dryness, constitute a hazard as deemed by the Fire Marshal. When in the opinion of the Fire Marshal, the large size or terrain of property makes the cutting of all weeds or grasses impractical, the Fire Marshal, or designee, may, by written order, allow and limit the required cutting of weeds and grasses to a firebreak of not less than 15 feet in width cut around the complete perimeter of the property and around any structures existing upon the property, unless the Fire Marshal, or designee determines that a firebreak of a lesser width will provide adequate protection against fire spread at the particular location. Nothing in this chapter shall prohibit plant or weed growth, with the exception of noxious weeds, utilized for grazing on land designated as residential estate.
   (J)   No person or owner shall deposit into, sweep upon or allow or permit to drain into any public right-of-way or place any hazardous material, garbage, trash, refuse, rubbish, litter or junk, or similar matter which is offensive to sight or smell or impedes passage or is detrimental to public health.
   (K)   It is unlawful for the owner or occupant of land to cause or permit disagreeable or obnoxious odors to emanate beyond the boundaries of the land.
   (L)   It is unlawful to occupy any building or other structure which is unfit for human habitation in violation of Chapter 150 of this code of ordinances.
   (M)   It is unlawful to allow any swimming pool or similar body of water to stagnate and thereby become eutrophic, polluted or offensive to the senses and unsafe for its intended use in violation of any applicable health and safety code.
   (N)   No owner or occupant of land, whether improved or unimproved, shall cause or permit unreasonable quantities of smoke, noxious fumes, gas, soot or cinders to emanate beyond the boundaries of that land except with a Fire Department burning permit.
   (O)   It is unlawful for any owner or occupant of land to fail to properly repair or replace any collapsed or fallen fence adjacent to the public right-of-way.
   (P)   In accordance with Chapter 91 of this code, except for specific permitted or licensed activities, it shall be unlawful for any person to display any article for sale outdoors on any property, whether improved or unimproved, or on any public place; and no owner or occupant of property, whether improved or unimproved, shall allow or permit such outdoor displays. This provision shall not apply to garage or yard sales.
   (Q)   In residential zones, it shall be unlawful for any person to park or store and for an owner or occupant of land to allow or permit any person to park or store on the owner’s or occupant’s land any commercial vehicle having a gross vehicle weight rating (GVWR) exceeding 14,000 pounds, except that temporary parking is permitted for the purpose of delivery or the loading and unloading of household goods.
   (R)   No person shall place any sign in any public right-of-way or attach any sign to any public utility structure, traffic-control device, traffic light standard or similar structure, except signs erected by a public utility or government agency and those permitted by city ordinance or other law, but only for those places, times and specific purposes permitted.
   (S)   All vacant or abandoned buildings shall be secured against unauthorized entry at all times.
   (T)   It shall be unlawful for any person to wilfully or negligently permit or cause the escape or flow of water from the municipal water system in such quantity as to cause flooding, impede vehicular or pedestrian traffic, create a hazardous condition to such traffic, create a condition which constitutes a threat to the public health and safety, or cause damage to the public streets or alleys of the city.
   (U)   It shall be unlawful for any person to willfully or negligently deposit leaves, grass, weeds, sand, stones, or the like on a public sidewalk, alley, street, right-of-way, or other public property. It shall also be unlawful for a property owner or occupant of property to willfully or negligently allow the accumulation of said debris on a public sidewalk, alley, street, or right-of-way on said property.
(1976 Code, § 9-1-5) (Ord. 593-12, passed 8-8-2012; Ord. 628-16, passed 6-22-2016) Penalty, see § 10.99
§ 91.06 VIOLATIONS; REMEDIES.
   Penalties for violations of this chapter shall be pursuant to § 10.99. In addition and concurrently, the city may employ all other enforcement remedies, and impose all other sanctions, available to it under this chapter or as otherwise provided by law. Each day in which a violation of this chapter continues or the responsible party fails to perform any act or duty required by this chapter or by a notice and order to abate shall constitute a separate criminal or civil offense.
(1976 Code, § 9-1-6) (Ord. 593-12, passed 8-8-2012)
§ 91.07 WITHHOLDING OF PERMITS.
   From the date a notice and order to abate expires without compliance by the responsible party until the nuisance is abated or the city’s costs of abatement are reimbursed (whichever occurs later), the city may withhold or suspend any permit or approval of any alteration, repair or construction of any existing or new structure or sign on the property, as well as any permit or approval pertaining to the use or development of the property; provided, however, that no permit or approval necessary to correct the nuisance conditions shall be withheld.
(1976 Code, § 9-1-7) (Ord. 593-12, passed 8-8-2012)
§ 91.08 ENFORCEMENT; GENERALLY.
   After appropriate or necessary investigation, documentation and inspection, the City Community Enhancement Technician, a peace officer or other designated city official may take, in compliance with § 91.03(B), one or more of the following actions:
   (A)   Informal verbal or written notice to abate;
   (B)   Informal mediation or intervention with the responsible party;
   (C)   Summary action to remove the violation, followed by appropriate notice, warning or enforcement action;
   (D)   Issue a formal notice and order to abate;
   (E)   Issue a criminal or civil citation with notice to appear; and/or
   (F)   Take emergency action for abatement or vacation of premises.
(1976 Code, § 9-1-8) (Ord. 593-12, passed 8-8-2012; Ord. 628-16, passed 6-22-2016)
§ 91.09 INFORMAL MEDIATION OR INTERVENTION AND SUMMARY ACTION.
   (A)   Informal mediation or intervention. Whenever in the judgment of the City Community Enhancement Technician, or other designated official, action short of formal citation or notice and order to abate is likely to achieve satisfactory and timely compliance, informal intervention, including written and verbal communication providing up to 14 days in which to remedy the violation(s), may be used.
   (B)   Summary action. Where obvious and elemental violations occur and entry onto private property is not necessary to enforcement, e.g., in the case of illegal posting of advertising in public rights-of-way, the City Community Enhancement Technician, or other designated official, may remove or summarily abate the violation. In such cases, evidence of the violation shall be forwarded to the City Code Enforcement Officer, or other appropriate official for identification of the responsible party and follow-up enforcement.
(1976 Code, § 9-1-8.1) (Ord. 593-12, passed 8-8-2012; Ord. 628-16, passed 6-22-2016)
§ 91.10 ABATEMENT.
   (A)   Administrative abatement.
      (1)   Abatement commenced pursuant to A.R.S. § 9-499 (as amended), shall be known as an administrative abatement. The purpose of an administrative abatement is to compel the person or responsible party of the property to remove rubbish, trash, weeds or other accumulation of filth, debris or dilapidated structures which constitute a hazard to public health and safety from buildings, grounds, lots, contiguous sidewalks, streets and alleys of the city. Notice of abatement shall be given in accordance with the procedures set forth in this chapter and only after informal mediation or intervention has failed to remedy the violation.
      (2)   If the City Community Enhancement Technician, or other designated official, determines that a violation of this chapter has occurred, he or she shall advise the responsible party by written notice and order to comply that the violation must be corrected and removed from the property. The notice shall be given to the responsible party not less than 30 days before the date set for compliance if the violation is to be abated by administrative procedure pursuant to A.R.S. § 9-499 (as amended).
         (a)   If the property owner is not the defendant or responsible party named in the action, notice shall also be given to the owner in accordance with the procedures set forth in this chapter.
         (b)   The notice shall include:
            1.   A legal description of the premises, street address, tax parcel number and a summary of violations known to exist together with the code section references;
            2.   A detailed description of the condition(s) constituting the violation(s) along with legal citation(s) of applicable code, statutory or regulatory provision(s);
            3.   Re-inspection date, if any;
            4.   The estimated cost of abatement together with costs of additional inspections and other incidental connected costs;
            5.   A description of the appeal process. Pursuant to A.R.S. § 9-499 (as amended), the responsible party may appeal both the notice and the assessments by requesting a hearing before the City Council within the time set for compliance. If no timely appeal is made, or the City Council affirms the abatement, the city may remove, abate, enjoin or cause the removal of the violation after the compliance time has elapsed; and
            6.   Name, business address and business phone number of the City Community Enhancement Technician and/or other city official who issued the notice.
      (3)   The costs for abatement, plus associated legal costs, shall be recorded as an assessment on the property and collected as provided in A.R.S. § 9-499 (as amended), including commencing a sale of the property and judgment of foreclosure in Superior Court. A prior assessment under the statute shall not be a bar to subsequent assessments, and any number of assessments on the same lot or tract of land may be enforced in the same action.
      (4)   Service of the notice to abate shall be deemed complete on the date it is hand delivered or mailed certified mail, return receipt requested, addressed to the property owner or responsible party. If personal service or mailed service is not practicable, service of notice also shall be deemed effective upon notification through a one-time public notice published in a newspaper of general circulation within the city and by posting a duplicate notice on the property for a period of 30 days. Nothing herein shall preclude the city from giving additional verbal or written notice at its discretion.
      (5)   Notice pursuant to § 91.09(A) shall occur prior to commencement of other enforcement proceedings, including civil or criminal proceedings. Abatement will not preclude also seeking civil or criminal enforcement actions.
      (6)   Statement of account: when the city has undertaken action to abate the nuisance, the City Community Enhancement Technician, or other authorized official, shall prepare a verified statement of the actual costs of abatement, including an administration charge of 5% and serve said statement in accordance with the procedures as set forth within this chapter.
      (7)   Recording of violation and/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 and order to abate or a statement of account with the 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 County Recorder. When an assessment lien is paid off, a satisfaction of the lien shall be recorded.
   (B)   Court ordered abatement.
      (1)   In addition to any other abatement procedure provided in this chapter, in accordance with A.R.S. § 9-500.21 the City Manager or his or her 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 Public Nuisance Code.
      (2)   After notice to the owner and any responsible party, 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.
      (3)   If the city seeks court-ordered abatement as a remedy in addition to any sanction, penalty, incarceration, restitution or fine, it shall assess the abatement costs as set forth in this chapter and/or those established in the judgment and sentence. The court may allow an appropriate time for compliance and abatement by the responsible party, but compliance will not preclude the city from requesting criminal penalties depending on how the violators were charged. Failure by the defendant or responsible party to comply with abatement will result in the filing of an assessment lien on the property, as described in A.R.S. § 9-499 (as amended), and may also subject the party to additional criminal citations for interference with judicial proceedings under A.R.S. § 13-2810, as amended.
      (4)   Appeal: 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.
(1976 Code, § 9-1-8.2) (Ord. 593-12, passed 8-8-2012; Ord. 628-16, passed 6-22-2016)
§ 91.11 CIVIL AND CRIMINAL ENFORCEMENT.
   (A)   Authority to issue civil and criminal citations: the City Community Enhancement Technician, any peace officer and any other city official authorized by the City Manager may issue a citation pursuant to this chapter.
   (B)   Civil or criminal enforcement in the City Magistrate Court may be commenced by the issuance and filing with the court a uniform state traffic ticket complaint form.
   (C)   Long form complaint: any prosecutor, City Community Enhancement Technician, peace officer and any other city official authorized by the City Manager may file a long form complaint with the City Magistrate Court in accordance with the Arizona Rules of Criminal Procedure.
(1976 Code, § 9-1-8.3) (Ord. 593-12, passed 8-8-2012; Ord. 628-16, passed 6-22-2016)
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