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(a) General. The building official shall order the owner of any premises upon which is located any structure, which in the building official’s judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two (2) years, to demolish and remove such structure.
(b) Notices and orders of unsafe building. The building official shall prepare and issue a notice of unsafe building directed to the owner(s) and any mortgage holder. The notice shall be served either personally or by certified mail, postage prepaid, return receipt requested, to each person at the address as it appears on the official public records. The failure of any person to receive notice, other than the owner, shall not invalidate any proceedings under this section. The notice shall contain, but not be limited to, the following information:
(1) The street address and legal description of the building, structure, or premises.
(2) A statement indicating the building or structure has been declared unsafe by the building official, and a detailed report documenting the conditions determined to have rendered the building or structure unsafe under the provisions of this Code.
(3) A statement advising that if the required action as determined by the building official is not commenced or completed by the time specified, the building will be ordered vacated and posted to prevent further occupancy until the work is completed and the building official may cause the work to be done and all costs incurred charged against the property or owner of record.
(4) A statement advising that any person or mortgage holder having any legal interest in the property may appeal the notice by the building official to the hearing officer; and that such appeal shall be in writing and shall be filed with the city clerk within thirty (30) days from the date of the notice and that failure to appeal in the time specified will constitute a waiver of all rights to an administrative hearing.
a. If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and the work commenced within sixty (60) days and continued to completion within such time as the building official determines.
b. If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed.
c. If the building or structure is to be demolished, the notice shall require that the premises be vacated within sixty (60) days, that all required permits be secured and that the demolition be completed within such time as determined reasonable by the building official.
(c) Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the building official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the costs of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(Ord. 2015-009, passed 12-17-15)
PUBLIC NUISANCES
The city council finds and determines that it is necessary to establish the minimum standards contained herein for the maintenance, upkeep, and appearance of improved or unimproved real property; and to provide a just, equitable and practicable method to preclude:
(1) Diminished property values;
(2) Detraction from the appropriate aesthetics of the city; and
(3) Creation of nuisance and other undesirable and unhealthy conditions.
(Ord. 2015-009, passed 12-17-15)
It shall be unlawful for any person to cause, permit, maintain, or allow the creation or maintenance of a nuisance as defined in section 150.02 of this Chapter.
(Ord. 2015-009, passed 12-17-15)
Except as otherwise permitted by law, each of the following conditions is declared to be a nuisance:
(1) Abandoned Property.
(2) Abandoned Structure.
(3) Animal manure that is neither used for fertilizing lawns or gardens nor securely protected from insects and the elements.
(4) Any artificial illumination of such intensity as to interfere substantially and unnecessarily with the use and enjoyment of any property, or with the lawful use of any school, public place or public street, or with any governmental or public function of the city, or as to constitute a hazard or threat to the public health, safety, and welfare of the people of the city; provided, that this subsection shall not apply where the person responsible for such artificial illumination is utilizing the same at any exhibition, performance, amusement, attraction or event authorized or sponsored by the city, or any public, private or parochial school within the city. Outdoor lighting shall comply with Article 151.11 of the City of Sierra Vista Development Code.
(5) The escape or flow of water into the public right-of-way in such quantity, in the opinion of the City Engineer, as to cause flooding, to impede vehicular or pedestrian traffic, to create a hazardous condition for such traffic, or to cause damage to the public streets or alleys of the city through their failure or neglect to properly operate or maintain any water facility or device, including, but not limited to, sprinklers, hoses, pipes, ditches, standpipes, berms, valves, and gates.
(6) Any commercial or industrial type equipment to include: tractors, backhoes, bulldozers, trenchers, cranes, or other similar equipment parked in an area visible to the public for more than 48 hours in any residential district except when the equipment is being used for construction purposes on the site.
(7) Putrid, unsound or unwholesome bones, meat, hides, skins, or other animal parts; dead animals, fish or fowl; butcher’s trimmings and offal; waste vegetation; liquid waste; animal matter, garbage, human or animal excreta, sewage and other similar offensive substances.
(8) A dumping ground or other land or building for depositing litter or debris, or wrecking, disassembling, rebuilding, repair, storage or accumulation of three (3) or more vehicles, or of machinery, or parts of vehicles or machinery.
(9) Noxious exhalations and other airborne irritations, including, but not limited to, smoke, soot, dust, fumes or other gases, offensive odors, or other annoyances. Refer to Smoke Definition.
(10) Air pollution, burning litter, debris, sawdust or other material resulting in smoke, gases, ashes, soot, cinders, sawdust or other material being transported to or deposited on land or buildings. Disposing of litter, debris, sawdust or other material in a manner that results in its unauthorized deposit on land or buildings.
(11) An unsecured or abandoned excavation, pit, well, other hole or pool.
(12) A privy, vault, cesspool, sump, pit, pool, accumulated water or similar condition that is foul, malodorous, or subject to infestation, pollution or stagnation.
(13) Plant growth or any other condition, sign, structure, or vehicle that obstructs or interferes with or renders dangerous the use or passage of any public place.
(14) Plant growth or any other condition, sign, structure, or vehicle that obstructs or interferes with sight distance or the visibility of any traffic control device or sign.
(15) Plant growth or any other condition that constitutes a fire hazard or encourages infestation or noxious pests.
(16) Infestation.
(17) Inoperative Vehicle.
(18) Slum property.
(19) A building or land regularly used in the commission of a crime.
(20) Blight.
(21) Attractive nuisances.
(22) Graffiti.
(23) Excessive heat extending beyond property lines.
(Ord. 2015-009, passed 12-17-15; Am. Ord. 2018-003, passed 2-8-18)
PROPERTY MAINTENANCE
(a) No person shall throw, deposit or dump any litter or debris on any land.
(b) A person may store litter and debris in a secure receptacle with a tight lid for collection if the receptacle is maintained so that litter and debris are prevented from being blown or deposited on any public place or adjacent land.
(c) Only as permitted by law, a person may store litter and debris within any building.
(Ord. 2015-009, passed 12-17-15)
All exterior property shall be maintained in accordance with the following minimum standards so as not to create a nuisance:
(1) Sanitation. All exterior property and premises shall be maintained in a safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a safe and sanitary condition. It shall be unlawful for any person to permit any rubbish, trash, refuse, junk and other abandoned materials or any condition which provides harborage for rats, mice, snakes and other vermin to remain in a front yard or open area owned, occupied or in the possession of such person for a period of more than five (5) days. Garbage and refuse shall be disposed of in accordance with the provisions of chapter 52 of this Code.
(2) Grading and drainage. All premises with the exception of approved retention areas and reservoirs shall be graded and maintained to prevent erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.
(3) Walkways and driveways. All walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions.
(4) Maintenance of public rights-of-way. All tenants or occupants of any real property abutting any local street or alley in the city, or if no tenant or occupant, then the owner thereof, shall be required to keep that part of the street between such property lines and the curb, including the gutter of the street on which such property abuts, or up to the median point of an alley, improved or unimproved, in a safe and sanitary condition at all times. Said area shall be kept free from trash of all kinds except household waste that is being properly disposed. Grass, weeds, or other groundcover shall not exceed twelve (12) inches. Sidewalks shall be kept free from sand, leaves, algae growth, vegetation and slippery conditions.
(5) Yard maintenance. Improved lots or parcels shall be maintained free from weeds or untended plant growth in excess of twelve (12) inches in height. Vacant lots or parcels that are adjacent to an improved property shall be maintained free from weeds or untended plant growth in excess of twelve (12) inches in height a distance of seventy-five (75) feet from the property line adjoining the improved property and twenty-five (25) feet from the property line adjoining a public or private street. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees and shrubs, provided however, this term shall not include cultivated flowers and individual or community gardens.
(6) Rodent harborage. All exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.
(7) Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
(8) Accessory structures. All accessory structures, including, but not limited to, detached garages, fences and walls shall be maintained structurally sound and in good repair.
(9) Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
(10) Swimming pools. Private swimming pools containing water more than twenty-four (24) inches in depth shall meet the following standards:
a. It shall be unlawful for any person, owner, lessee, tenant, occupant, or business entity (hereinafter collectively “person”) to have, keep, maintain, cause or permit a swimming pool where the water quality deteriorates to such a poor level as to prevent clear visibility from the water’s surface to the pool bottom or as to create a breeding ground for mosquitoes or other insects or the water is stagnant allowing algae to grow.
b. Private swimming pools, hot tubs and spas, containing water more than 24-inches in depth shall be completely surrounded by a fence or barrier at least 60-inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54-inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6-inches from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Provided, however, spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
(11) Toxic, hazardous, and flammable materials. The storage and use of poisonous, corrosive, explosive, flammable and combustible liquids, radioactive materials, and other materials hazardous to life or property, as determined by the city, shall conform to all applicable portions of the currently approved edition of the International Building Code and the International Fire Code. These standards are in addition to all applicable state and federal regulations.
(Ord. 2015-009, passed 12-17-15; Am. Ord. 2018-003, passed 2-8-18)
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