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(a) Graffiti prohibited, abatement procedures, penalty. No person who owns or is in control of any real property within the city shall maintain, permit or allow graffiti to remain on any building, fence, structure or otherwise on such property where the graffiti is visible from the street or other public or private property.
(1) Notice of violation and abatement. Upon the receipt of notice requiring abatement from the graffiti abatement official, any person owning or otherwise being in control of the property shall remove or abate all graffiti within the time frame specified in such notice. The graffiti abatement official shall give notice utilizing the procedures set forth in section 16-45 of this chapter, except that the notice need not include a statement describing the right to an administrative appeal, since none exists. The graffiti abatement official may cause the removal of graffiti from private property should the property owner or person in control fail to remove graffiti after the required notice. The city or its authorized representative is expressly authorized to enter private property and abate graffiti.
(2) Penalty. A violation of this subsection constitutes a civil infraction.
(b) Prohibited conduct, penalties.
(1) No person may write, paint, etch, or draw any inscription, figure, or mark of any type on any public or private building or other real or personal property unless permission of the owner or operator of the property has been obtained.
(2) No person may possess an aerosol spray paint container, broad-tipped indelible marker, solidified paint marker, or etching solution on any private property unless the owner, agent, manager, or other person having control of the property consented to the presence of the aerosol spray paint container, broad-tipped indelible marker, solidified paint marker, etching implement or etching solution.
(3) No person under the age of eighteen (18) may possess an aerosol spray paint container, broad-tipped indelible marker, solidified paint marker, or etching solution container on any pubic property unless the possession is for a lawful purpose and the person is accompanied by a parent, guardian, teacher or other person in a similar relationship over the age of eighteen (18).
(4) No person under the age of eighteen (18) may buy any aerosol spray paint container or etching solution from any person or firm.
(5) Penalties. A violation of this subsection shall constitute a class one (1) misdemeanor and shall be punished as provided below. Except as otherwise provided in this section, no judge shall suspend the imposition of any of the mandatory minimum penalties required by this section.
a. Together with any other penalties as provided by law, a person convicted of violating subsection (1) shall be punished by a fine of not less than two hundred fifty dollars ($250.00) and not less than twenty (20) hours community service. In addition to any other punishment, the court shall order restitution to the victim for damage or loss caused directly or indirectly by the defendant's offense in an amount to be determined by the court. In cases of financial hardship as determined by the court, additional community service hours may be imposed in lieu of fines. Persons under the age of eighteen (18) will be punished as provided for in A.R.S. Tit. 8.
b. Together with any other penalties as provided by law, a person convicted of violating subsection (2) or (3) shall be punished by a fine of not less than one hundred ($100.00) dollars and not less than twenty (20) hours of community service. In cases of financial hardship as determined by the court, additional community service hours may be imposed in lieu of fines. Persons under the age of eighteen (18) will be punished as provided for in A.R.S. Tit. 8.
c. A person convicted of violating subsection (4) shall be punished as provided for in A.R.S. Tit. 8.
d. The court may order the parent or guardian of a minor child who had knowledge that the minor child intended to engage in or was engaging in an act of graffiti as described in subsection (1) to assist the minor child in payment of restitution and/or performance of community service.
(c) Sale, storage and display of spray paint containers or etching solution.
(1) No person shall sell, deliver, transfer or give spray paint containers or etching solution to persons under age eighteen (18). Evidence that a person examined acceptable evidence of age and acted upon such evidence in a transaction or sale shall be a defense to any prosecution under this subsection. This subsection does not apply to the transfer of an aerosol spray paint container or etching solution from a parent to child, guardian to ward, employer to employee, teacher to student or in any other similar relationship when such transfer is for a lawful purpose.
(2) Spray paint containers or etching solutions sold at retail establishments shall be stored or displayed either (a) in an area that is inaccessible to the public without employee assistance in the regular course of business or (b) within fifteen (15) feet of a cash register and within the line of sight of a cashier at all times.
(3) Identification shall be required of purchasers of spray paint containers or etching solution appearing to be under the age of twenty-six (26). A retailer shall not be found responsible for violation of this subsection unless the failure to require identification resulted in a sale of spray paint or etching solution to a person under age eighteen (18).
(4) No person shall sell, deliver, transfer or display spray paint containers or etching solution at swap meets, yard sales, garage sales, or other like events.
(5) A retailer shall be responsible for the violation of any provision of this section by its employees.
(6) Penalty. A violation of any provision of this subsection constitutes a civil infraction. A person found responsible for a violation of any provision of this subsection shall be fined not less than two hundred dollars ($200.00). The fine amount of each subsequent violation of any provision of this subsection within a consecutive 365-day period shall increase by increments of three hundred dollars ($300.00) for each violation. No magistrate, special magistrate or limited special magistrate may suspend the imposition of the minimum fines prescribed herein.
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 7, 3-1-05; Ord. No. 10393, §§ 2, 3, 4-24-07; Ord. No. 10833, § 6, 8-4-10; Ord. No. 10865, § 1, 12-21-10)
(a) Maximum permissible sound levels. No person shall conduct or permit any activity that produces a dB(A) beyond that person's property line exceeding the levels specified in Table I. Where property is used for both residential and commercial purposes, the residential sound levels shall be used only for measurements made on the portion of the property used solely for residential purposes.
TABLE I Use of Property Receiving the Sound | ||
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
| |
Residential
|
70
|
62
|
Commercial
|
72
|
65
|
Industrial
|
85 | 70 |
All limits expressed in dB(A)
(b) Other noises prohibited; standards for excessive noise. Some sounds may be such that they are not measurable by the sound level meter or may not exceed the limits set forth in subsection (a) of this section, but nonetheless may be excessive and may disturb the peace and quiet of a neighborhood or person. Noises prohibited by this subsection are in violation of this chapter notwithstanding the fact that there is no apparent violation of subsection (a) of this section. The following activities are prohibited if they produce plainly audible sound beyond the property line of the property on which they are conducted and they disturb the peace and quiet of a neighborhood or person:
(1) Allowing or causing any continuous or intermittent noise that persists for a period of at least fifteen (15) minutes and which is caused by using, operating or permitting to be played any radio, television, tape deck, record player, amplifier, musical instrument, or instrument, machine or device used for the production, reproduction or emission of sound;
(2) Creating or allowing a loud, disturbing noise in connection with the loading or unloading of any vehicle;
(3) Owning, possessing, harboring or permitting any animal or bird which frequently or for continuous duration howls, barks, meows, squawks or makes other sounds. Any peace officer or any county animal control officer is hereby authorized to issue citations to owners for any violation of this subsection;
(4) Allowing or causing any shouting, yelling, screaming or any other form of raucous vocalization by a person or group of people.
(5) Any noise created by construction activities including, but not limited to, repair, remodeling, demolition, drilling, wood cutting or excavation work conducted from 8:00 p.m. through sunrise Mondays through Saturdays, and at any time on Sundays and legal holidays; except that a person may engage in the above listed activities at that person's own residence from sunrise through 8:00 p.m. Mondays through Saturdays, and between 9:00 a.m. and 6:00 p.m. on Sundays or legal holidays.
(c) General exemptions. The following activities are exempted from the provisions of subsections (a) and (b):
(1) Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster; to restore public utilities; or to protect persons or property from an imminent danger;
(2) Sound made to alert persons to the existence of an emergency, danger or attempted crime;
(3) Activities or operations of governmental units or agencies;
(4) Parades, concerts, festivals, fairs or similar activities that remain within any sound limits approved by the city;
(5) Athletic, musical or cultural activities or events (including practices and rehearsals) conducted by or under the auspices of public or private schools, and public or private colleges or universities;
(d) Temporary exemptions. The city manager is authorized to grant a temporary exemption from the maximum permissible sound levels established by this article if such temporary exemption would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary exemption is sought. A temporary exemption must be in writing and signed by the city manager and must set forth the name of the party granted the exemption, the location of the property for which it is authorized, the date(s) and time(s) for which it is effective and the dB(A) level(s) authorized. A temporary exemption may be granted only for the period of time that is reasonably necessary to conduct the activity, which in no case may exceed thirty (30) days. The following factors shall be considered by the city manager in determining whether to grant a temporary exemption:
(1) The balancing of the hardship to the applicant, the community and other persons in not granting the variance against the adverse impact on the health, safety and welfare of persons adversely affected and any other adverse effects of the granting of the variance;
(2) The nearness of any residence or residences, or any other use which would be adversely affected by sound in excess of the limits prescribed by this article;
(3) The level of the sound to be generated by the event or activity;
(4) Whether the type of sound to be produced by the event or activity is usual or unusual for the location or area for which the variance is requested;
(5) The density of population of the area in which the event or activity is to take place;
(6) The time of day or night which the activity or event will take place;
(7) The nature of the sound to be produced, including but not limited to whether the sound will be steady, intermittent, impulsive or repetitive.
(e) Variances. Persons wishing to continue activities which commenced prior to this article and which create noise in excess of the permitted levels may seek a variance from the board of adjustment. Such a variance may be granted if the board finds that strict application of this chapter would cause a hardship and that there is no reasonable and prudent alternative method of engaging in the activity.
(f) Noisy vehicles, motors prohibited. No person may use any automobile, motorcycle or other vehicle, engine or motor of whatever size, stationary or moving, instrument, device or thing, in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(g) Mufflers required on mechanical devices; cutouts prohibited. No person may operate any mechanical device operated by gasoline, or otherwise, without having a muffler, in good working order and in constant operation, to prevent excessive or unusual noise and smoke; and no person shall use a muffler cutout, bypass or similar device.
(h) Hours for operation of engines other than on public highways. No person may operate or use any automobile, motorcycle or other vehicle, engine or motor of whatever size, stationary or moving, on race tracks, race courses, or other similar tracks or courses at places of amusement, not being public highways, between the hours of 10:30 p.m. and 8:00 a.m. on Sundays through Thursdays, or between the hours of 12:00 midnight and 8:00 a.m. on Fridays and Saturdays. The above hours of use may be extended to 12:00 midnight, provided any sound emission is not in excess of seventy (70) dB(C), measured at a distance of one hundred (100) feet from the automobile, motorcycle or other vehicle, engine or motor.
(i) Noise by street vendors, advertisers. No person may produce any sound in connection with the sale, advertising or display of merchandise from a pushcart, bicycle or vehicle:
(1) In excess of seventy (70) dB(A), measured at a distance of fifty (50) feet from the pushcart, vehicle or bicycle;
(2) While such pushcart, bicycle or vehicle is not in motion; or
(3) Between the hours of 1:00 p.m. and 3:00 p.m. and between the hours of 9:00 p.m. and 10:00 a.m.
(j) Persons responsible for noise violations. If the person responsible for an activity that violates this section cannot be determined, the owner, lessee or occupant of the property on which the activity is located shall be deemed responsible for the violation.
(k) Sound amplification systems in vehicles. Noise from sound amplification systems in vehicles cannot be practically regulated by imposing decibel limits as decibel measurements are difficult to obtain from moving vehicles. Noises prohibited by this subsection are in violation of this article notwithstanding the fact that there is no apparent violation of subsection (a) of this section.
(1) Except as authorized by law, no person shall operate or permit the operation of any sound amplification system in or on a vehicle in such a manner or with such volume as to annoy or disturb the peace and quiet of any person or neighborhood in the vicinity.
(2) Except as authorized by law, no person shall operate or permit the operation of any sound amplification system in or on a vehicle in such a manner that the sound is plainly audible at a distance of fifty (50) feet, or in such a manner that it causes a person to be aware of vibration accompanying the sound at a distance of fifty (50) feet.
(3) Exemptions. This subsection shall not apply to:
a. Amplification systems being operated to request assistance of an emergency nature or to warn of a hazardous situation;
b. Authorized emergency vehicles;
c. Vehicles operated by utility companies;
d. Vehicles used in parades, concerts, festivals, fairs or similar activities that remain within any sound limits approved by the city; or
e. Amplification systems in vehicles which are operated on private property with the permission of the owner and which are not plainly audible beyond the property line.
(l) Penalty. Any person found responsible under this section for a violation of this article shall be guilty of a civil infraction and punished in accordance with minor section 1-8(2) and under the procedures outlined in Chapter 8 of this City Code. The court shall also enter an order of abatement against a party found responsible for a violation of this article pursuant to Chapter 8 of this City Code.
(m) Enforcement. The police department and city attorney are authorized to enforce the provisions of this section. A complaining member of the public shall not necessarily be required to appear in court before a violator may be found responsible for a violation of this section.
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 8, 3-1-05; Ord. No. 11024, § 1, 10-9-12, eff. 11-1-12)
(a) Definitions. For the purposes of this section, unless the context otherwise requires, the following terms or phrases are defined as:
Owner means any owner, as well as any agent of an owner acting on behalf of the owner to control or otherwise regulate the occupancy or use of the property.
Premises means the property that is the site of an unruly gathering. For residential properties, premises means the dwelling unit or units where the unruly gathering occurs.
Unruly gathering means a gathering of five (5) or more persons on any private property, including property used to conduct business, in a manner which causes a disturbance of the quiet enjoyment of private or public property by any person or persons. Such disturbances include, but are not limited to, excessive noise or traffic, obstruction of public streets by crowds or vehicles, drinking in public, the service of alcohol to minors or consumption of alcohol by minors, fighting, disturbing the peace, and littering.
(b) Abatement of unruly gathering. A peace officer may abate an unruly gathering by reasonable means including, but not limited to, citation or arrest of violators under applicable ordinances or state statutes, and dispersal of the persons attending the gathering.
(c) Notice of unruly gathering; posting; removal of notice prohibited; right to contest posting.
(1) Contents of notice. The premises at which the unruly gathering occurs shall be posted with a notice stating:
a. That an unruly gathering has occurred at the premises;
b. The date of the unruly gathering;
c. That any subsequent unruly gathering on the same premises within a one hundred eighty (180) day period shall result in liability for the penalties provided in this section. Parties liable include any persons in attendance causing the gathering to be unruly, or any owner, occupant or tenant of the premises at which the unruly gathering occurred, or any sponsor of the event constituting the unruly gathering; and
d. The right to contest the posting as provided in subsection (c)(4) of this section.
(2) Posting requirements. Premises shall be posted with a notice as provided in this section each time an unruly gathering occurs. The owner, occupant or tenant of the premises or sponsor of the event constituting the unruly gathering, if present, shall be consulted as to the location in which such notice is posted in order to achieve both the security of the notice and its prominent display.
In the event that a premises is already posted at the time of a subsequent posting, the one hundred eighty (180) day period from the date of the existing posting shall be extended to one hundred eighty (180) days from the date of the subsequent posting. Once a premises is initially posted as a result of an unruly gathering and the conduct causing the gathering to be unruly has ceased, a resumption of unruly behavior on the premises resulting in another police response shall constitute a new and separate unruly gathering for purposes of this section.
(3) Removal of notice prohibited. The owner, occupant, or tenant of the posted premises shall be responsible for ensuring that the notice is not removed, defaced, or concealed. The removal, defacement, or concealment of a posted notice is a civil infraction carrying a penalty of a minimum, mandatory one hundred dollar ($100.00) fine, in addition to any other penalties which may be imposed under this section.
(4) Right to contest posting.
a. An owner, occupant, or tenant of the posted premises may contest the posting of the notice by filing a written petition for review with the civil infractions division of the city court requesting that the court determine whether justification existed for posting of the notice under the provisions of this section. The petition must be filed within ten (10) days after the posting of the notice or, if the notice is given by mail, within fifteen (15) days after the date of the mailing of the notice, and not thereafter. The court shall set a time and date for a hearing to be held no later than fifteen (15) days after receipt of the written petition and shall notify both the petitioner and the criminal division of the city attorney's office of the hearing date. In order to avoid the possibility of conflicting rulings, if more than one (1) petition is filed under this subsection relating to a single posting, for example by multiple lawful occupants of the posted premises, the court shall set only one (1) hearing and shall consolidate the petitions and notify all petitioners of the hearing date and time. At the hearing, the city has the burden of proving by a preponderance of evidence that the posting of the notice was justified pursuant to the provisions of this section.
b. An owner of a posted premises, at any time after the posting or the mailing of the notice, may petition the court for an order directing the removal of the notice on the grounds that the owner has taken reasonable and necessary actions, such as evicting a tenant responsible for the violation, to prevent the occurrence of a subsequent unruly gathering at the posted location. The court shall set a time and date for a hearing to be held no later than fifteen (15) days after receipt of the petition and shall notify both the petitioner and the criminal division of the city attorney's office of the hearing date. At the hearing, the petitioner has the burden of proving by a preponderance of evidence that the petitioner has taken reasonable and necessary actions to prevent the occurrence of a subsequent unruly gathering. This petition process is not available to an owner who was present at the unruly gathering and engaged in conduct causing the gathering to be unruly.
(d) Notification of property owner.
(1) Notification of the posting of the notice of unruly gathering shall be mailed to any property owner at the address shown on the Pima County Property Tax Assessment Records. The notification shall advise the property owner that any subsequent unruly gathering within one hundred eighty (180) days on the same premises shall result in liability of the property owner for all applicable penalties as provided in this article. Notification shall be made by certified mail. The return receipt shall be prima facie evidence of service.
(2) Additionally, notice shall be provided to an agent of the owner who controls or regulates the use of the premises, if known. Notice to the owner's agent may be provided by hand delivery or by certified or regular mail sent to the agent's last known address.
(3) The failure to serve notice to any person described in this subsection shall not invalidate any citation or other proceedings as to any other person duly served, or relieve any such person from any duty imposed by this section.
(e) Unruly gathering a civil infraction; parties responsible. An unruly gathering is unlawful and constitutes a civil infraction. The following parties, if found responsible for such an infraction, are liable for the penalties provided in subsection (g)(1):
(1) The person or persons who organized or sponsored the event constituting the unruly gathering, including any owner or occupant in attendance at the unruly gathering.
(2) Any person in attendance at the unruly gathering who engaged in any conduct causing the gathering to be unruly.
(f) Subsequent unruly gathering a civil infraction; parties responsible. The occurrence of an unruly gathering on the same premises more than once in any one hundred eighty (180) day period is a civil infraction. The following parties, if found responsible for such an infraction, are liable for the penalties provided in subsection (g)(2):
(1) The owner of the property where the subsequent unruly gathering occurred, if either:
a. The owner was present when the property was posted, or
b. Notification of posting was mailed or delivered to the owner of the property per subsection (d), and the subsequent unruly gathering occurred not less than two (2) weeks after the mailing of such notification.
(2) The occupant or tenant of the property where the subsequent unruly gathering occurred.
(3) The person or persons who organized or sponsored the event constituting the subsequent unruly gathering.
(4) Any person in attendance at the subsequent unruly gathering who engaged in any conduct causing the gathering to be unruly.
Nothing in this section shall be construed to impose liability on the owner, occupant, or tenant of the premises or sponsor of the event constituting the unruly gathering, for the conduct of persons who are in attendance without the express or implied consent of the owner, occupant, tenant, or sponsor, as long as the owner, occupant, tenant or sponsor has taken steps reasonably necessary to prevent a subsequent unruly gathering or to exclude the uninvited persons from the premises, including owners who are actively attempting to evict a tenant from the premises. Where an invited person engages in unlawful conduct which the owner, occupant, tenant or sponsor could not reasonably foresee and could not reasonably control without the intervention of the police, the unlawful conduct of the person shall not be attributable to the owner, occupant, tenant or sponsor for the purposes of determining liability under this section.
(g) Penalties.
(1) Unruly gathering. The penalty for a party found responsible for an unruly gathering, as provided in subsection (e), shall be a minimum mandatory fine of five hundred dollars ($500.00). Additionally, if the party found responsible for an unruly gathering has previously been found responsible for an unruly gathering, regardless of the location of the prior violation, the penalty shall be a minimum mandatory fine of seven hundred and fifty dollars ($750.00).
(2) Subsequent unruly gathering. The penalty for a party found responsible for the occurrence of a subsequent unruly gathering, as provided in subsection (f), shall be a minimum mandatory fine of seven hundred fifty dollars ($750.00) for a first violation, a minimum mandatory fine of one thousand dollars ($1,000.00) for a second violation, and minimum mandatory fines of one thousand five hundred dollars ($1,500.00) for each third or subsequent violation. Additionally, any party found responsible for the occurrence of a subsequent unruly gathering is responsible for the reasonable costs of response by law enforcement to that occurrence. Reasonable costs of law enforcement response include the salaries of the responding law enforcement officers, at the salary then in effect for each classification of each responding officers, for the amount of time actually spent in responding to and remaining at the unruly gathering, together with associated overhead costs; and any actual costs of any medical treatment to injured officers and/or the costs of repairing any damaged city equipment or property. In no event shall the response costs imposed under this subsection exceed $1,000.
(3) Abatement. The civil fines provided herein shall be in addition to any other penalties imposed by law for particular violations of law committed during the course of an unruly gathering. The court shall also enter an order of abatement against a party found responsible for a violation of this section pursuant to Chapter 8 of the Tucson Code.
(h) Enforcement. The police department is authorized to enforce the provisions of this section provided that enforcement is initiated by a complaint from a member of the public. The complaining member of the public shall not necessarily be required to appear in court before a violator may be found responsible. Peace officers shall enforce the provisions of this section using their sound discretion and the consideration of the totality of the circumstances, including but not limited to the use of the premises (e.g. residential, commercial, etc.).
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 9, 3-1-05; Ord. No. 11014, § 1, 8-7-12; Ord. No. 11445, § 1, 3-21-17)
(a) No person shall place any refuse upon any private or public property not owned or under the control of that person. In addition to any penalty that may be imposed by this chapter or the Tucson Code, such person shall be liable for all costs for the removal, abatement or enjoining of the refuse.
(b) No person shall litter, discard refuse, or allow refuse to be discarded except at the places and in the manner authorized in Chapter 15 of this Code.
(c) The following persons are jointly and individually liable for a violation of subsection (b):
(1) The resident of the property upon which the debris has been discarded;
(2) The person who discarded or allowed the debris to be discarded;
(3) The person who owns or maintains a refuse container in which refuse is improperly placed or discarded; and
(4) The person who generated the refuse. When an item contained in refuse discarded in violation of this section identifies a person, the item creates a rebuttable presumption that the person so identified generated the refuse.
(Ord. No. 9816, § 15, 2-24-03)
(a) Anything that is injurious to health, or is indecent or offensive to the senses, or is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, is hereby declared to be a public nuisance. Any act or thing that affects an entire community or neighborhood, or any considerable number of persons, as herein described, is not less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal.
(b) Any person who knowingly maintains or commits a public nuisance, or who knowingly fails or refuses to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor.
(Ord. No. 9816, § 15, 2-24-03)
No person shall obstruct any public sidewalk, street or alley in the city, or any portion of any public sidewalk, street or alley in the city, by placing, maintaining or allowing to remain thereon any item or object that prevents full, free and unobstructed public use in any manner, except as otherwise specifically permitted by law. Under this section, an item or thing that is placed on a sidewalk shall not be in violation if all of the conditions established in subsection 25-51(b) are satisfied.
(Ord. No. 10126, § 10, 3-1-05; Ord. No. 11331, § 3, 12-8-15)
(a) Posting prohibited. No person shall post, affix, display, paint or attach; or direct, permit, or cause any other person to attach any handbill upon any street lamp post, street sign, traffic sign or signal, traffic control device, curb, sidewalk, hydrant, tree, shrub, utility pole or any other public building, structure or object except as may otherwise be required or authorized by law; or upon any private structure or building, without the consent of the owner or person in control thereof.
(b) Presumption. For purposes of this section, there shall be a rebuttable presumption that any person or entity whose name, address, telephone number, e-mail address or other identifying information is indicated on the handbill, and any owner, manager, or responsible party of any business, product or service which is the subject of the handbill, has directed or caused the posting or attaching of the handbill in violation of subsection (a).
(c) Penalty. A violation of this section is a civil infraction. In addition to any other penalties prescribed by law, any person found responsible for violating this section shall be fined not less than two hundred fifty dollars ($250.00). Each handbill illegally posted shall constitute a separate violation, and shall be subject to a separate fine. In addition to the minimum fine(s), upon finding any person responsible for violating this section, the court shall order that person to reimburse the city for its costs in the removal of the illegal handbill(s) pursuant to subsection (d), as documented by a statement of costs presented to the court by the city.
(d) Enforcement and abatement by code official. The code official is authorized to enforce the provisions of this section. The code official may, but is not required to, initiate enforcement by issuing a notice of violation pursuant to section 16-45 to the person(s) responsible for a violation of this section, and therein direct and order the responsible person(s) to remove of the unlawful handbill(s). The code official is further authorized to remove or cause the removal of any handbills posted in violation of this section, with or without giving prior notice to the person(s) responsible for the violation.
(Ord. No. 10126, § 11, 3-1-05)
(a) Definition of a group dwelling public nuisance. A dwelling unit may be designated by the code official as a group dwelling public nuisance if all of the following apply:
(1) The dwelling unit is treated as a lawful nonconforming group dwelling under LUC Section 3.5.7.1.I; and
(2) The dwelling unit is the location of a documented pattern of nuisance activity which shall consist of at least three (3) incidents on separate dates within a two (2) year period resulting in criminal charges, or in civil infraction citations involving nuisance conduct; and
(b) Maintaining a group dwelling public nuisance unlawful. It is unlawful for a property owner to maintain a dwelling unit as a group dwelling public nuisance; and a group dwelling public nuisance shall be abated as provided in this section.
(c) Property owner notification. The code official shall first notify the property owner and an occupant that the dwelling unit may be designated as a group dwelling public nuisance. Such notice shall include the identification of the dwelling unit in violation; a description of the charges or citations upon which the designation is based; the address and phone number of a city representative to contact; and a description of the appeal rights that apply. The notice shall be delivered in the same manner as provided under section 16-45(e) for notices of violation. The notice shall provide the property owner ten (10) working days to respond to the proposed designation or to submit to the code official a remediation plan that will voluntarily abate the alleged violation(s). Within ten (10) working days of the date of property owner responds to the notice, or in the absence of a response within ten (10) working days of the expiration of the response period, the code official shall notify the property owner of the decision as to whether the dwelling unit is a group dwelling public nuisance. A property owner may appeal a designation of a group dwelling as a public nuisance under this paragraph within thirty (30) days of the designation by filing an appeal in accordance with section 16-73.
(d) Abatement by remediation plan; appeal. Where the code official has designated a dwelling unit as a public nuisance as provided above, the nuisance shall be abated as follows:
(1) The code official shall first attempt to consult with the property owner in which the dwelling unit is located to determine appropriate steps to abate the group dwelling public nuisance through a remediation plan. Within fifteen (15) working days, the code official shall determine the appropriate remediation plan to abate the group dwelling public nuisance. The code official may extend the time for completing the remediation plan by up to fifteen (15) days. By the same date, the remediation plan shall be delivered to the property owner, and shall be effective for one (1) year. Within five (5) days of delivery to the property owner, the designation as a group dwelling public nuisance and the remediation plan shall also be delivered to property owners within fifty (50) feet of the subject site and mailed to any registered neighborhood association that includes the subject site. Failure to deliver the designation and/or remediation plan to these nearby property owners shall not affect the validity of the designation or remediation plan. The code official shall keep and maintain any nuisance designation or remediation plan issued under this section as a public record, and shall make such documents available to any person upon request.
(2) A property owner may file an administrative appeal to appeal the requirements of the remediation plan in accordance with section 16-70 of this chapter.
(e) Subsequent violations a civil infraction; abatement by court order. If, within twenty-four (24) months of the designation of a dwelling unit as a group dwelling public nuisance and the issuance of a remediation plan, the dwelling unit is the location of an additional violation or violations of the City Code or of any criminal laws or statutes, the property owner is responsible for a civil infraction. Upon finding a property owner responsible for a violation under this subsection, the court shall order such person to correct and abate the violations. Such order may include an order to reduce or limit the number of unrelated tenants in the dwelling unit to not more than four (4), except that any order limiting occupancy in this manner can only apply for a time period not to exceed six (6) months. A reduction of the number of tenants as a result of a court order issued pursuant to this paragraph shall not terminate or discontinue the nonconforming use of the dwelling unit.
(f) Subsequent violations following court ordered abatement. If, within twenty-four (24) months of court order issued pursuant to subsection (e) above, the dwelling unit is the location of an additional violation or violations of the City Code or of any criminal laws or statutes, the property owner is responsible for a civil infraction. Upon finding a property owner responsible for a violation under this subsection, the court shall order such person to correct and abate the violations. Such order may include an order to reduce or limit the number of unrelated tenants in the dwelling unit to not more than four (4) and such order may be effective for up to one (1) year. A reduction of the number of tenants for six (6) months or more pursuant to a court order issued under this subsection shall terminate and discontinue the nonconforming use of the group dwelling unit if the order exceeds six (6) months.
(g) Voluntary abatement. Where a property owner voluntarily reduces the number of occupants to whom a dwelling unit is leased and occupied to less than five (5) unrelated persons for a period of not less than one (1) year, the designation of the property as a group dwelling public nuisance shall be deemed abated. A subsequent determination that the dwelling unit is a group dwelling public nuisance after the period of voluntary abatement shall be based upon violations occurring after the voluntary abatement period. To qualify for the voluntary abatement in this subsection, the property owner shall provide written notice of the abatement and applicable lease period to the code official, property owners within fifty (50) feet of the property to be abated, and the registered neighborhood association.
(Ord. No. 10965, § 6, 2-15-12)
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