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Somerton Overview
Somerton, AZ Code of Ordinances
CITY OF SOMERTON, ARIZONA CODE OF ORDINANCES
ADOPTING ORDINANCES
CHAPTER 1: GENERAL
CHAPTER 2: MAYOR AND COUNCIL
CHAPTER 3: ADMINISTRATION
CHAPTER 4: POLICE AND FIRE DEPARTMENTS
CHAPTER 5: MAGISTRATE
CHAPTER 6: ANIMALS
CHAPTER 7: BUILDINGS
CHAPTER 8: BUSINESS
CHAPTER 9: HEALTH AND SANITATION
CHAPTER 10: OFFENSES
CHAPTER 11: TRAFFIC
CHAPTER 12: WATER AND SEWER
CHAPTER 13: GENERAL UTILITIES
CHAPTER 16: PARKS AND RECREATION
PARALLEL REFERENCES
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§ 9-5-7 NOTICE OF ASSESSMENT FOR VIOLATIONS.
   A.   The city will assess the owner, lessee, tenant, or occupant, either jointly or severally, for all costs associated with the removal of the refuse, debris, or hazardous waste under § 9-5-6 if the City Manager determines that the owner, lessee, tenant, or occupant was, jointly or severally, responsible for the presence of the refuse, debris, or hazardous waste constituting a violation of city codes.
   B.   Upon determination by the City Manager that the owner, lessee, tenant, or occupant was in violation of city codes and that they, jointly or severally, should be assessed the costs to collect and remove the nonconforming refuse, debris, or hazardous waste, as provided under § 9-5-9, the City Manager shall serve notice of the assessment upon the owner, lessee, tenant, or occupant of the property. 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 notice in a conspicuous place on the property. The notice shall, at a minimum:
      1.   Explain the nature of the violation;
      2.   Provide a copy of the City Manager's written determination of "extreme and present danger" to the public health and safety;
      3.   Provide an explanation of the costs incurred to bring the property into conformance with the section of the city code being violated;
      4.   Provide that the City Manager has determined that the owner, lessee, tenant, or occupant is jointly or severally responsible for the presence of the refuse, debris, or hazardous waste constituting a violation of city codes (cite specific section);
      5.   Demand payment of all costs incurred; and
      6.   Inform the owner, lessee, tenant, or occupant of his or her right to appeal the City Manager's determination of extreme and present danger and/or the assessment under § 9-5-8.
§ 9-5-8 DETERMINATION OF EMERGENCY AND/OR APPEAL OF NOTICE OF ASSESSMENT (EMERGENCY).
   A.   The owner, lessee, tenant, or occupant may appeal the City Manager's determination of violation of city code (citing specific section) and/or the notice of assessment under § 9-5-7 to the Mayor and City Council. The appeal shall be made, in writing, to the Mayor and City Council and submitted to the City Clerk within 30 days of receipt of notice of the assessment under § 9-5-7. Filing of the appeal shall stay any requirement to pay the assessment by the appellant until the City Council has rendered its final decision. The written appeal shall, at a minimum:
      1.   Request a hearing before the City Council at its earliest convenience;
      2.   Cite, with specificity, the decision(s) being appealed; and
      3.   Provide an address where appellant may receive notice of the hearing date.
   B.   The hearing shall be held before the City Council in open session. The appellant shall be given an opportunity to present oral and documentary evidence in support of his or her appeal. The appellant may be represented by legal counsel or other competent representative. The City Council shall uphold, modify, or reverse the City Manager's decision and the Council's decision shall constitute exhaustion of all administrative remedies.
§ 9-5-9 LIABILITY FOR COMPULSORY REMOVAL OF REFUSE, DEBRIS, LITTER, AND HAZARDOUS WASTE; PREPARATION OF VERIFIED STATEMENT OF ACCOUNT; ASSESSMENT OF OWNER, LESSEE, TENANT, OR OCCUPANT.
   A.   Assessment of costs for removal of refuse, debris, litter, and hazardous waste. The owner, lessee, tenant, or occupant of private property, jointly or severally, from which the city collects and removes or causes to be collected and removed any refuse, debris, or hazardous waste under §§ 9-5-4 or 9-5-6 shall be liable to the city for all costs incurred by the city to bring the property into conformity with the law. The liability shall include all costs incurred by the city to collect and remove any refuse, debris, and hazardous waste plus 10% fee. The city shall retain the 10% fee to cover administrative, inspection, and incidental costs incurred by the city to bring the property into conformance with the law.
   B.   Preparation of verified statement of account. Once the city has had the refuse, debris, litter, or hazardous waste collected and removed or caused it to be collected or removed, under §§ 9-5-4 or 9-5-6, the City Clerk shall prepare a verified statement accounting for all costs and fees incurred by the city. The statement shall also provide the dates that the work was commenced and completed, the street address of the property, the legal description of the property, the name and address of the property owner, the name and address of any private agency that collected and removed the refuse, debris, litter, or hazardous waste, and any other information which the City Clerk believes is of importance.
   C.   Assessment of owner, lessee, tenant, or occupant. The City Clerk shall serve the owner, lessee, tenant, or occupant of the private property personally or by certified or registered mail at the property address with a copy of the assessment and demand that full payment be made within 30 calendar days of making the service of the demand. If the owner is not the occupant of the property, the owner shall be served personally or by certified or registered mail at his or her last known address. A duplicate copy of the assessment shall be filed and recorded against the property in the office of the County Recorder in accordance with § 9-5-10.
§ 9-5-10 LIEN AGAINST PRIVATE PROPERTY TO COLLECT FEES OR COSTS ASSESSED BY THE CITY FOR REGULAR OR COMPULSORY COLLECTION AND REMOVAL OF REFUSE AND DEBRIS AND COST TO REPAIR OR REPLACE DAMAGED OR STOLEN CITY PROPERTY; ENFORCEMENT OF LIEN.
   A.   The filing and recording of an assessment under § 9-5-9C. in the office of the County Recorder shall constitute a lien against the property. Any such lien shall be subject to and inferior to any lien for general taxes assessed and unpaid, and to all previously recorded mortgages and encumbrances. A prior assessment for costs under §§ 9-5-4 and 9-5-6 shall not bar a subsequent assessment of costs and liens for subsequent collection and removal of refuse, debris, litter, or hazardous waste by the city under §§ 9-5-4 and 9-5-6. The recorded assessment shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the recording thereof.
   B.   The city may bring an action to enforce the lien in a court of competent jurisdiction. Judicial sale of the property to satisfy the lien shall be made upon a judgment of foreclosure and order of sale. Failure on the part of the city to so enforce the lien shall not affect the validity of the lien.
(Ord. 182, passed 10-5-1988)
ARTICLE 9-6: DUST COMPLAINT SIGN REGULATION
Section
   9-6-1   Project information sign
   9-6-2   Enforcement
   9-6-3   Exemptions
   9-6-4   Definitions
§ 9-6-1 PROJECT INFORMATION SIGN.
   For all sites with a building or grading permits that involve disturbing one acre or larger, except for routine maintenance, the owner and/or operator shall erect and maintain a project information sign in accordance with Exhibit A (Work Zone Identification Sign Details) attached to Resolution 907, which is hereby adopted by reference as if set out in full herein, that is readable by the public at the main entrance to the property. Such signs shall have a white background, have black block lettering, as specified in Exhibit A, and shall contain at least all of the following information:
   A.   Project name and permit holder;
   B.   Building or grading permit number;
   C.   Name and phone number of person(s) responsible for conducting the project; and
   D.   Text stating: "Dust Complaints – Call the City of Somerton, Public Works Department (928) 627-9876 during regular office hours."
(Res. 907, passed 7-19-2005; Ord. 293, passed 8-2-2005)
§ 9-6-2 ENFORCEMENT.
   (A)   Stop-work order; revocation of permit. In the event that any person holding a building permit or grading permit pursuant to this article violates the terms of the article, the city may suspend or revoke the building or grading permit.
   (B)   Violation and penalties. Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a class one misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $1,000 or by imprisonment for not more than ten days or both fine and imprisonment. Each separate day or part thereof, during which any violation of these sections shall be punishable as herein provided.
(Res. 907, passed 7-19-2005; Ord. 293, passed 8-2-2005)
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