§ 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)