Sec. 16-14. Dilapidated structures; vacant and unsecured structures; buildings and structures constituting a nuisance.

   (a)   Dilapidated structures. Buildings or structures that are so deteriorated, damaged, dilapidated, or in need of repair so as to present a threat to the health, safety and welfare of the community constitute a nuisance and shall be abated by repair, rehabilitation or demolition as provided in Article VI of this chapter.

   (b)   Vacant and unsecured buildings or structures. Vacant and unsecured buildings or structures are unlawful and are prohibited by this chapter. The requirements of this subsection (b) shall apply to all vacant and unsecured buildings or structures, regardless of whether or not the building or structure is surrounded in whole or in part by a fence or wall.

   (1)   Duty to clean, secure and prohibit trespass.The owner or responsible party of a vacant building or structure shall remove any accumulation of weeds, combustible waste, or refuse from the interior of the building or structure and the surrounding yards; and shall secure all doors, windows, and other openings to prevent unauthorized entry. The owner or responsible party also shall post both the structure and the exterior premises with signs to provide conspicuous and reasonable notice prohibiting entry (i.e., "No Trespassing" signs).

   (2)   Reinspection of secured buildings and structures.The code official shall periodically reinspect a building or structure that was cleaned or secured pursuant to an administrative or judicial order to ensure continued compliance with the order and this chapter. The code official may assess a reinspection fee for actual costs of each inspection in those instances where the building or structure is again found to be vacant and unsecured or in need of debris or weed removal.

   (3)   Abatement of vacant and unsecured buildings or structures. When ordered abated, a vacant and unsecured building or structure shall be cleaned and secured as follows:

   a.   All accumulated refuse that poses a fire or health hazard within or upon the property or premises shall be removed; and

   b.   All unsecured doorway, windows, or exterior openings shall be barricaded in accordance with standards established by the code official, which shall be kept on file with the city clerk, and in accordance with section 16-12(A)(3) of this chapter; and

   c.   Both the structure and the exterior premises shall be posted with signs that provide reasonable notice prohibiting entry (i.e., "No Trespassing" signs).

   (c)   Buildings and structures constituting a nuisance. All buildings and structures are to be maintained so as not to pose a threat to the health and safety of any person or persons. The condition of a building or structure that meets any or all of the following is a public nuisance, is a violation of this chapter, and subjects the building or structure to abatement as provided in Article VI of this chapter, including demolition as provided in section 16-65:

   (1)   The building or structure lacks safe and adequate means of exit in case of fire or panic.

   (2)   The stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (1 1/2) times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location.

   (3)   The building, structure or any portion thereof has been damaged by fire, earthquake, wind, flood or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before the damage and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location.

   (4)   The building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become:

   a.   An attractive nuisance to children; or

   b.   A harbor for trespassers or persons committing unlawful acts.

   (5)   The building, structure, or any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to partially or completely collapse and thereby injure persons or damage property.

   (6)   Any portion of a building or structure, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one- half ( 1/2) of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings.

   (7)   Any portion of a building or structure that has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

   (8)   The walls or other vertical structural members of the building or structure list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

   (9)   The building or structure, excluding the foundation, has thirty-three (33) percent or more damage or deterioration to the supporting member or members or structural assembly, or fifty (50) percent damage or deterioration to the nonsupporting members, enclosing or outside walls or coverings.

   (10)   The building or structure is infested by rodents, insects or other noxious pests, rendering it uninhabitable.

   (11)   The building or structure exhibits conditions that present actual or imminent hazards or dangers, or is otherwise unsafe for the purpose for which it is being used.

   (12)   The building or structure, whether or not erected in accordance with all applicable laws, has in any nonsupporting part, member or portion less than fifty (50) percent, or in any supporting part, member or portion less than sixty-six (66) percent of the (a) strength, (b) fire- resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

   (13)   A dwelling is unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

   (14)   The building or structure, because of obsolescence, dilapidated condition, damage, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause.

   (15)   The building or structure has been found, upon reinspection, to be vacant and unsecured, and either:

   a.   The code official has issued at least one (1) previous abatement order to secure within the preceding twelve (12) months, or more than three (3) abatement orders to secure over any time frame; or

   b.   The code official has secured the building or structure on at least one (1) previous occasion within the preceding twelve (12) months, or more than three (3) times over any time frame.

   (16)   A building or structure or portion thereof remains for any period of time on a site after the demolition or destruction of the building or structure; or normal construction of an unfinished or incomplete building or structure has ceased for a period of more than twelve (12) months.

(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 5, 3-1-05; Ord. No. 10638, § 2, 3-3-09; Ord. No. 10833, § 5, 8-4-10)

Sec. 16-15. Junked or inoperable vehicles.

   (a)   Prohibited storage.

   (1)   No person owning or having custody of any junked or inoperable vehicle may store such vehicle on private property, or on any sidewalks, streets or alleys, within the city, except as otherwise permitted under this section;

   (2)   No person owning, occupying or in control of any private property within the city may store any junked or inoperable vehicle on the owned or occupied property, or on any abutting sidewalks, streets or alleys, except as otherwise permitted under this section;

   (b)   Permitted storage. This section shall not apply to any junked or inoperable vehicle stored on private property if the vehicle:

   (1)   Is on the premises of a business enterprise operated in a lawful place and manner and licensed by the city under chapter 19 of the Tucson Code, and the storage of the vehicle is necessary to the operation of the business enterprise; or

   (2)   Is lawfully enclosed within:

   a.   An enclosed garage or other permanent building lawfully constructed of opaque materials without openings, holes or gaps other than doors and windows;

   b.   A carport, and an opaque car cover designed for that purpose (and not including tarps, bed sheets, plastic sheeting, or similar materials) completely covers the body of the vehicle; or

   c.   The rear yard or side yard and screened by any fence, wall or barrier, not less than five (5) feet in height, constructed of opaque materials which screens it from view from any adjacent properties and the public right-of-way, and is equipped with self-latching gates or doors. Such fence, wall or barrier must comply with section 16-12(e).

   (c)   Persons responsible. Whenever the city finds that any junked or inoperable vehicle is stored on private property or on any abutting sidewalks, streets or alleys in violation of this section, the persons responsible for the violation include the recorded owner, occupant or person in control of the private property, as well as the registered owner or custodian of the vehicle.

   (d)   Authorization to enter private property for vehicle removal pursuant to court order. Any code official or persons as may be directed by such code official may enter private property to remove or cause the removal of a vehicle upon order of the court pursuant to section 16-60.

   (e)   Penalty; violation declared a nuisance.

   (1)   A violation of this section is punishable in accordance with section 16-48 of this chapter.

   (2)   The unlawful storage of any junked or inoperable vehicle within the city in violation of this section is declared dangerous to the public safety and a public nuisance.

(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 6, 3-1-05; Ord. No. 10638, § 3, 3-3-09; Ord. No. 11126, § 4, 11-6-13)

Secs. 16-16--16-19. Reserved.

ARTICLE III. SLUM PROPERTY

Sec. 16-20. Slum property; definitions.

For the purpose of this article, and unless the context otherwise requires:

   Managing agent means a person, corporation, partnership or limited liability company that is authorized by the owner to operate and manage the property.

   Residential rental property means property that is used solely as leased or rented property for residential purposes. If the property is a space rental mobile home park or a recreational vehicle park, residential rental property includes the rental space that is leased or rented by the owner of that rental space but does not include the mobile home or recreational vehicle that serves as the actual dwelling if the dwelling is owned and occupied by the tenant of the rental space and not by the owner of the rental space.

   Slum property means residential rental property that has deteriorated or is in a state of disrepair and that manifests one (1) or more of the following conditions that are a danger to the health or safety of the public:

   (1)   Structurally unsound exterior surfaces, roof, walls, doors, floors, stairwells, porches or railings.

   (2)   Lack of potable water, adequate sanitation facilities, adequate water or waste pipe connections.

   (3)   Hazardous electrical systems or gas connections.

   (4)   Lack of safe, rapid egress.

   (5)   Accumulations of human or animal waste, medical or biological waste, gaseous or combustible materials, dangerous or corrosive liquids, flammable or explosive materials or drug paraphernalia.

(Ord. No. 9816, § 15, 2-24-03)

Sec. 16-21. Registration of residential rental property.

   (a)   An owner of residential rental property shall maintain with the assessor in the county where the property is located information required by this section in a manner to be determined by the assessor. The owner shall update any information required by this section within ten (10) days after a change in the information occurs. The following information shall be maintained:

   (1)   The name, address and telephone number of the property owner.

   (2)   If the property is owned by a corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust, the name, address and telephone number of the statutory agent, if applicable, and the name, address and telephone number of any of the following:

   a.   For a corporation, a corporate officer.

   b.   For a partnership, a general partner.

   c.   For a limited liability company, the managing or administrative member.

   d.   For a limited partnership, a general partner.

   e.   For a trust, a trustee.

   f.   For real estate investment trust, a general partner or an officer.

   (3)   The street address and parcel number of the property.

   (4)   The year the building was built.

   (b)   An owner of residential rental property who lives outside this state shall designate and record with the assessor a statutory agent who lives in this state and who will accept legal service on behalf of the owner. The owner shall designate the agent in a manner to be determined by the assessor. The information shall include the name, address and telephone number of the agent.

   (c)   Residential rental property shall not be occupied if the information required by this section is not on file with the county assessor. This subsection does not affect any lease existing on August 6, 1999.

   (d)   All records, files and documents that are required by this section are public records.

   (e)   A person who fails to comply with any provision of this subsection is responsible for a civil infraction and shall be assessed a civil penalty of one thousand dollars ($1,000.00), plus an additional one hundred dollars ($100.00) for each month after the date of the original violation until compliance occurs. The court shall not suspend any portion of the civil penalty provided by this subsection.

   (f)   Notwithstanding subsection (e) of this section, if a person complies within ten (10) days after receiving the complaint that notices the violation, the court shall dismiss the complaint and shall not impose a civil penalty.

(Ord. No. 9816, § 15, 2-24-03)

Sec. 16-22. Inspection of residential rental property.

The code official is hereby authorized to inspect residential rental property under the following circumstances.

   (1)   The property owner fails to comply with the provisions of A.R.S. §33-1902 or successor provision. If the property is occupied, consent of the tenant shall be requested before entering the interior of the structure. Except as otherwise provided by law, the right of inspection does not extend to the interior of the dwelling unit in a space rental mobile home park or recreational vehicle park if it is not owned by a landlord unless the tenant is in possession of the dwelling unit, or if the dwelling unit is vacant or abandoned, the owner consents to the inspection. If a tenant refuses to consent to entry, inspection may be obtained by any means provided by law.

   (2)   The property has been designated as a slum property, in which case it may be inspected annually for three (3) consecutive years.

(Ord. No. 9816, § 15, 2-24-03)