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A. The Public Works Director or his or her representative(s) may enter onto private property within the city to inspect for actual or potential hazards to the public health and safety, including hazards resulting from the accumulation of refuse, debris, or hazardous waste. If the Public Works Director and/or Community Development Director or his or her representative are denied access to the property for the purpose of conducting such an inspection by the owner, occupant, or lessee of the private property, he or she may file a complaint, under oath to a magistrate, pursuant to A.R.S. § 36-603. The complaint shall specify the necessity for entry onto the property for inspection for and/or abatement of any hazard to the public health and safety. Upon the issuance by a magistrate of a warrant to enter and inspect, the Director or his or her representative(s) may enter and inspect the property between the hours of sunrise and sunset when accompanied by a peace officer.
B. The lessor of property or his or her agent may enter the property of the lessee to inspect for and/or abate any hazard to the public health and safety pursuant to A.R.S. § 33-1343.
A. Upon determination by the Public Works Director and/or Community Development Director that the condition of private property violates city code, the owner, lessee, tenant, or occupant of the private property shall be served with written notice of the violation. The notice shall be served personally or by certified or registered mail to the owner of the property at his or her last known address or to the lessee, tenant, or occupant, and, if unoccupied, by posting the notice in a conspicuous place on the property.
B. The notice shall also:
1. Demand that the property be brought into conformance with city code (specific section to be cited) within 30 days of service of the notice;
2. Inform the owner, lessee, tenant, or occupant that, if the property is not brought into conformance with city code (specific section to be sited) within the time provided, that the city will exercise its authority under § 9-5-4;
3. Provide the owner, lessee, tenant, or occupant with an estimate of the cost which the city will incur to exercise its authority under § 9-5-4;
4. Inform the owner, lessee, tenant, or occupant that they shall be jointly or severally liable for the costs or expense, under § 9-5-9, in addition to any other civil penalties which may be imposed under this chapter; and
5. Inform the owner, lessee, tenant, or occupant of his or her right to appeal this notice under § 9-5-3.
A. The owner, tenant, lessee, or occupant may appeal the Director's notice, in writing, to the City Manager within 30 calendar days after the notice has been served on any of the mentioned persons or was properly posted. The appeal shall be delivered personally or by registered or certified mail. The appellant's filing of an appeal, as provided hereunder, shall stay any further action pursuant to the Director's notice until the City Manager renders his or her decision on the matter. The appeal shall, at a minimum, identify the appellant(s), describe his or her interest in the property, and explain the appellant's basis for objection to the notice. The City Manager shall uphold, reverse, or modify the Director's notice and notify the appellant, by certified or registered mail, of his or her decision. The City Manager's decision shall constitute an exhaustion of all the appellant's administrative remedies for purposes of this section.
B. If the City Manager upholds or modifies the Director's decision, he or she shall provide the owner, tenant, lessee, or occupant with an additional 30 days from the date of mailing his or her decision to the appellant, to the address provided by the appellant, to bring the property into compliance with city codes in accordance with his or her decision.
If, within 30 days after the Director has given notice, as provided under § 9-5-2, the refuse or debris described in the notice is not removed, and the owner, lessee, tenant, or occupant has not appealed the notice to the City Manager, as provided under § 9-5-3, the Director may then remove, or cause to be removed, the refuse or debris and shall subject the owner, lessee, tenant, or occupant to liability as provided in § 9-5-9.
Notwithstanding any requirements for notice provided under § 9-5-2, the City Manager may declare certain violations of §§ 9-2-5C., 9-4-1, or 9-4-2 to be "an extreme and present danger to the public health and safety," which requires the city to take immediate action for the public welfare. The City Manager shall make his or her determination in writing, describing with particularity the reasons for the determination.
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