A. Adoption: A certain document, three (3) copies of which are on file in the office of the city clerk of the city of Tombstone, being marked and designated as the international property maintenance code, 2006 edition, as published by the International Code Council, be and is hereby adopted as the property maintenance code of the city of Tombstone, in the state of Arizona for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code on file in the office of the city of Tombstone are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in subsection B of this section.
B. Amendments: The following sections are hereby revised:
Section 101.1 Insert: City of Tombstone
Section 103.5 Insert: Inspection Fees - $25 first quarter hour, $40 per hour thereafter
Section 302.4 Insert: Six (6) inches
Section 304.14 Insert: January 1 through December 31
Section 602.3 Insert: September 30 through May 1
Section 602.4 Insert: September 30 through May 1
C. Repealing Conflicting Ordinances: All other ordinances or parts of ordinances in conflict herewith are hereby repealed.
D. Saving Clause: If any subsection, sentence, clause or phrase of this section is, for any reason, held to be unconstitutional and such decision shall not affect the validity of the remaining portions of this section. The mayor and council hereby declare that it would have passed this section, and each subsection, clause or phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses and phrases be declared unconstitutional.
E. No Effect On Ongoing Proceedings: Nothing in this section or in the property maintenance code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in subsection C of this section; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
F. Violations And Penalties: Any owner, responsible party, or other person having control over a structure or parcel of land who causes, permits, facilitates, aids or abets any violation of any provision of this section or who fails to perform any act or duty required by this section is guilty of a class 3 misdemeanor and is subject to the maximum civil sanction and fine prescribed by law for each offense, in addition to the costs to abate the offense. (Ord. 2007-17, 6-12-2007)