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In addition to the penalties of sections 150.41 and 150.42 of this Code, the court shall impose restitution as part of its sentence, to compensate the city for its costs to enforce this chapter and bring a building or land into compliance with this chapter. Restitution shall include all costs of abatement, including inspection fees and prosecution of the case.
(Ord. 2015-009, passed 12-17-15)
(a) If, after an inspection, the city finds one (1) or more violations of this chapter, the city may require correction of the violation(s). If the city requires correction, the city may issue a notice to abate to the owner, the owner’s authorized agent or the owner’s statutory agent, and the occupant or lessee.
(b) The notice to abate shall be in writing and shall set forth:
(1) The identification of the land where the violation is located, by legal description, including the street address, if known, or by book, map and parcel number, if the street address is unknown.
(2) A statement of the violation(s) in sufficient detail to allow a reasonable person to identify and correct the violation(s).
(3) The date by which the owner, the owner's authorized agent, the owner’s statutory agent, the occupant or lessee shall correct the violation, which date shall not be less than thirty (30) days from service of the notice.
(4) The name and phone number of the inspector who sent the notice.
(5) The estimated cost of abatement to the city.
(6) If the violation(s) is not corrected by the date specified for abatement, the city may abate the violation(s), assess the owner, occupant and/or the lessee the cost of abatement, and record a lien on the land for the assessment.
(7) The appeal procedures, if any.
(Ord. 2015-009, passed 12-17-15)
A notice to abate shall be served by any of the following methods:
(1) By hand delivering a copy of the notice to abate to the owner, the owner’s authorized agent or the owner’s statutory agent, and the occupant or lessee.
(2) By mailing a copy of the notice to abate, by certified mail, to the owner, the owner’s authorized agent or the owner’s statutory agent, and the occupant or lessee at the last known address and at the address to which the tax bill for the land was last mailed.
(3) The notice to abate is deemed served on the date it is hand delivered or, if mailed, on the date it is deposited in the United States mail.
(Ord. 2015-009, passed 12-17-15)
(b) A notice to abate runs with the land.
(c) The city may record a notice to abate in the Cochise County Recorder’s Office.
(Ord. 2015-009, passed 12-17-15)
Subject to A.R.S. 9-499, if the owner, occupant or lessee subject to the notice to abate fails to correct the violation(s), the city may:
(1) Abate the violation(s),
(2) Assess the owner, occupant and/or the lessee the cost of abatement, and
(3) Record a lien on the land for the assessment.
(Ord. 2015-009, passed 12-17-15)
(a) Following abatement, the city shall prepare a statement of the cost of abating the violation of this chapter, plus five (5) percent incidental cost of abating the violation.
(b) The statement shall be mailed to the owner, the owner’s statutory agent, the occupant and lessee at the address used to serve the notice to abate.
(c) The statement shall set forth:
(1) The statement of cost is an assessment upon the land from which the city abated the violation.
(2) The payment of the statement of cost shall be made by the date specified in the statement of cost.
(3) If payment is not made by the date specified in the statement of cost, the city shall place a lien on the land in the amount of the statement.
(4) The appeal procedures, if any.
(Ord. 2015-009, passed 12-17-15)
(a) The city’s statement of cost under section 150.48 of this Chapter shall be:
(1) An assessment on the land from which the city abated the violation(s), and
(2) Collected at the same time and in the same manner as other city assessments are collected.
(b) The city shall record the assessment in the Cochise County Recorder’s Office. From the date of its recording, the assessment shall be a lien on the land.
(c) The lien shall be inferior only to general tax liens.
(d) After recording the lien, the city may institute an action to enforce the lien in the superior court for Cochise County. The recorded assessment is prima facie evidence of the truth of all matters recited in the assessment and the regularity of all proceedings before the recordation. Upon judgment of foreclosure and order of sale, the city shall sell the land to satisfy the lien.
(e) A prior assessment under this section is not a bar to a later assessment. Any number of liens on the same land may be enforced in the same action.
(f) Failure to enforce the lien shall not affect its validity.
(g) Assessments that are imposed under this section run against the property until paid and are due and payable in equal annual installments as follows:
(1) Assessments of less than five hundred dollars shall be paid within one year after the assessment is recorded.
(2) Assessments of five hundred dollars or more, but less than one thousand dollars, shall be paid within two years after the assessment is recorded.
(3) Assessments of one thousand dollars or more, but less than five thousand dollars, shall be paid within three years after the assessment is recorded.
(4) Assessments of five thousand dollars or more, but less than ten thousand dollars, shall be paid within six years after the assessment is recorded.
(5) Assessments of ten thousand dollars or more shall be paid within ten years after the assessment is recorded.
(Ord. 2015-009, passed 12-17-15)
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