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(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)
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)
All buildings or portions thereof which are determined after inspection by the code official to be slum properties as defined in this chapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in this chapter.
(Ord. No. 9816, § 15, 2-24-03)
(a) A residential rental property may be designated as a slum property if it meets all of the following:
(1) The definition of slum property;
(2) Has three (3) or more of the conditions or defects described in Article II of this chapter at the time of the inspection;
(3) The conditions or defects set forth in a notice of violation provided per section 16-45 of this chapter have not been remedied within the time set forth in the notice of violation; and
(4) No proper and timely appeal of the notice of violation has been filed.
(b) Where designation of a property as a slum is appropriate pursuant to subsection (a), the code official shall designate a slum property by filing in the office of the county recorder a certificate describing the property and certifying that the property is a slum property and that the owner has been so notified. Whenever the corrections ordered thereafter have been completed or the building demolished so that it no longer exists as a slum property, the code official shall file a new certificate with the county recorder certifying that all required corrections have been made and that the property is no longer a slum property.
(Ord. No. 9816, § 15, 2-24-03)
In addition to any notice provided pursuant to section 16-45 of this chapter, a designation of slum property shall contain a warning stating that any residential rental property designated as a slum property is subject to the provisions of A.R.S. Tit. 33, Ch. 17 providing for penalties, the appointment of a temporary receiver, annual inspections, and payment of costs for inspections.
(Ord. No. 9816, § 15, 2-24-03)
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