(a) After notice to the owner and any responsible party, the judge or hearing officer shall conduct a hearing. Both the city and defendant(s) shall have an opportunity to be heard and present evidence. The rules of evidence shall not apply to these hearings but the judge or hearing officer may make rulings on the conduct of these hearings to ensure that they proceed in an orderly and efficient manner. The judge or hearing officer shall determine whether a violation of this chapter exists and order an abatement of the violation as appropriate in accordance with subsection (b). The court’s determination shall be based on a preponderance of the evidence. If a defendant fails to appear for a hearing, the court shall hold the hearing in the defendant’s absence. If the city fails to appear for a hearing, the court shall dismiss the petition without prejudice.
(b) Upon finding that abatement is appropriate, the court may order demolition, board-up, cleanup, inspection or any other action the court deems reasonably necessary to abate the violation.
(c) Demolition of a structure shall only be ordered following issuance of notice as required by subsection (a) to the owner and any responsible parties with an interest in the property that is recorded in the office of the county recorder and in accordance with The Uniform Code for the Abatement of Dangerous Buildings as adopted under section 150.01(d) of this Chapter. Notice to the interested parties may be recorded against the property.
(e) The notice required in subsection (a) shall generally comply with Rule 4 of the Arizona Rules of Civil Procedure, except that upon petition by the city attorney the court may, upon a finding of good cause, deem the notice requirement satisfied by notice being posted in a conspicuous location on the subject property.
(Ord. 2015-009, passed 12-17-15)