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(A) Except in cases of immediate hazards, the town shall provide reasonable written notice to the owner and occupant, lessee or designated agent in an attempt to obtain voluntary compliance with the provisions of this subchapter.
(B) Reasonable written notice to the owner and occupant, lessee or designated agent shall be given 30 days prior to the day set for compliance, and shall include the legal description of the property and the cost of such removal or abatement of the violations to the town if the owner, occupant or lessee does not comply. The notice shall be either personally served or mailed to the owner and to the occupant or lessee at the last known address by certified mail, or the address to which the tax bill for the property was last mailed.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
The responsible party, upon being notified of a violation of this chapter, may appeal the notice and/or the assessment by written request to the Fire Chief before the date of compliance. If the Fire Chief does not satisfy the appeal, the Town Council may hear the appeal by being placed on the agenda for a regularly scheduled Town Council meeting. Abatement shall be stayed pending final resolution of any appeal properly taken pursuant to the provisions of this subchapter unless removal or abatement was ordered by a court.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
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)
(A) Cumulative remedies. The remedies herein are cumulative and the town may proceed under one or more such remedies.
(B) Presumption of lawful control over property. The owner of record, as recorded in the Gila County Recorder's Office, of the property upon which a violation of this chapter exists shall be presumed to be a person having lawful control over the subject structure or parcel of land. If more than one person is recorded as owner or partial owner of the property, said persons shall be jointly and severally presumed to be persons having lawful control over the subject structure or parcel of land. This presumption shall not prevent enforcement of the provisions of this chapter against any person specified in § 92.90(C)(1).
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
(A) Anyone who violates any of the provisions of this chapter for which no specific penalty is otherwise provided shall be subject to the provisions of § 10.99.
(1) Daily civil sanction. Any owner, occupant, lessee, property manager, designated agent or other person having lawful control over a structure or parcel of land who causes, permits, facilitates or aids or abets any violation of this chapter or who fails to perform any act or duty required by this chapter is subject to a minimum civil sanction of not less than $25 per violation, and a maximum civil sanction of $100 per violation of this code. Each day any violation of any provision of this chapter exists shall constitute a separate violation.
(2) Penalties. In addition to the penalties set forth in division (A) in this section, any person, firm, corporation or other entity that places any rubbish, trash, filth, garbage, refuse or debris upon any private or public property not owned or under the control of that person, firm, corporation or other entity, is guilty of a Class 1 misdemeanor. In addition to any fine or penalty any person, firm, corporation or other entity shall be liable for all costs which may be assessed pursuant to this chapter for removing, abating or enjoining the placement of the rubbish, trash, filth, garbage, refuse or debris. Penalties will be deferred for one year from the effective date.
(D) Any person who 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:
(1) 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 Town of Payson. The Town of Payson shall use 50% of the fine or civil penalty collected for purposes of illegal dumping cleanup.
(2) In addition to any fine or penalty imposed for a violation as specified in this section, 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 the costs incurred by the owner, lessee, occupant or lienholder of the property in the removal of, and disposal of the rubbish, trash, filth, or debris.
(3) If required to remove any rubbish, trash, filth or debris pursuant to this section, the responsible party shall provide the Town of Payson a receipt from a disposal facility or other documentation evidencing lawful disposal of the rubbish, trash, filth, or debris.
(E) Any person who places or causes to be placed any rubbish, trash, filth or debris on any property more than 40 acres in size and is not owned or under the control of that person, retains the ownership of the rubbish, trash, filth or debris until that person lawfully disposes of the rubbish, trash, filth, or debris.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)