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Upon the failure, neglect or refusal of any owner, occupant, lessee or designated agent so notified to abate a violation of this subchapter located upon his property within 30 days after receipt of the written notice provided for above, or within 30 days after the date of return of such notice, in the event the same is returned to the Post Office because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, occupant, lessee or designated agent, the town may, at the expense of such owner, occupant, lessee or designated agent, remove or cause the removal of the condition in violation of this subchapter. The provisions of this section shall be stayed pending the final resolution of any appeal properly taken pursuant to the provisions of this subchapter.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
If a situation presents an immediate hazard to public health or safety, the town may personally serve an order directing the owner, occupant, lessee or designated agent to take such action as is appropriate to correct or abate the situation. If the owner, occupant, lessee or designated agent fails to correct the violation within 24 hours, or the town is unable to locate such person within 24 hours, the town may act to correct or abate the situation. Costs of abatement shall be an assessment upon the lot or tract of land as provided in the following section.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
(A) Assessment of cost of town correction. When the town has caused, at town expense, the removal of the condition in violation of this subchapter, the Payson Unified Development Code, or any other code adopted by the town, the actual cost thereof plus 5% for associated expenses in connection therewith shall be charged to the owner of such property as an assessment upon the lot or lots and tract or tracts of land from which such violation is removed.
(B) Recording assessment. The town shall record the assessment in the office of the Gila County Recorder, including the date and amount of the assessment, the legal description of the property and the town as the one imposing the assessment. The priority of the recorded assessment shall be as set forth in state law. A sale of the property to satisfy an assessment obtained under the provision of this section shall be made upon judgment of foreclosure and order of sale. The town shall have the right to bring an action to enforce the assessment in the Superior Court of Gila County at any time after the recording of the assessment, but failure to enforce the assessment by such action shall not affect its validity. The recorded assessment shall be prima facie evidence of the truth of all matters recited therein and the regularity of all proceedings prior to the recording thereof. If compliance with the notice is subsequently satisfied, the town shall record a release of the notice.
(C) Imposition of assessment.
(1) Assessments that are imposed under this section run against the property until paid, and are due and payable in equal annual installments as follows:
(a) Assessments less than $500 shall be paid within one year after the assessment is recorded.
(b) Assessments of $500 or more but less than $1,000 shall be paid within two years after the assessment is recorded.
(c) Assessments of $1,000 or more but less than $5,000 shall be paid within three years after the assessment is recorded.
(d) Assessments of $5,000 or more but less than $10,000 shall be paid within six years after the assessment is recorded.
(e) Assessments of $ 10,000 or more shall be paid within ten years after the assessment is recorded.
(2) An assessment that is past due accrues interest at the rate prescribed by A.R.S. § 44-1201.
(3) A prior assessment for the purposes provided in this section shall not be a bar to a subsequent assessment or assessments for these purposes, and any number of assessments on the same lot or tract of land may be enforced in the same action.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
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