Sec. 16-39. Shopping cart impoundment.

   (a)   Definitions.

   1.   "Abandoned shopping cart" means a shopping cart, whether marked or unmarked, located outside the premises or parking area of a retail establishment, which parking area shall include parking areas of common usage in multi-store complexes and shopping centers.

   2.   "Unmarked" means lacking attached identification compliant with A.R.S. § 44-1799.32(b).

   3.   "Marked" means compliant with A.R.S. § 44-1799.32(b).

   (b)   Unmarked abandoned shopping carts are declared a nuisance and the city may impound and/or immediately sell, discard, or otherwise dispose of such carts at the city's discretion without notice.

   (c)   The city may immediately impound any abandoned shopping cart located in such a manner as to impede emergency services; obstruct vehicle traffic, bicycle traffic, or pedestrian sidewalk traffic; or create a safety hazard to the public on a public right-of-way.

   (d)   The city may impound a marked abandoned shopping cart if the shopping cart is not retrieved from its place of abandonment within three (3) business days after the date the owner of the shopping cart, or the owner's agent, receives actual notice from the city of the shopping cart's discovery and location.

   (e)   The owner or retailer identified on marked abandoned shopping carts impounded pursuant to subsections (c) or (d) above will be given notice of the fact of impoundment and the location and hours of operation of the impound lot.

   (f)   If an impounded abandoned shopping cart has not been retrieved from impound by the owner within thirty (30) days of notice pursuant to subsection (e) above, the city may sell, discard, or otherwise dispose of such cart at the city's discretion.

   (g)   The owner of any abandoned shopping cart impounded in accordance with subsections (c) or (d) above shall pay the City a retrieval fee of thirty dollars ($30.00) per cart. The payment shall be made at the time of retrieval from impound. If the owner does not retrieve the cart from impound within thirty (30) days after notice, the fee shall be applied to the owner's next water service bill. Provisions for discontinuance of water service for non-payment and for customer right to dispute the bill shall apply as provided in section 27-50 of this code.

(Ord. No. 11118, § 1, 10-8-13, eff. 11-11-13)

Sec. 16-39.1. Limitations on yard sales.

   (a)   An owner or responsible party of residential property shall not operate, conduct, manage, or allow more than four (4) yard sales within a single calendar year at the residential property.

   (b) An owner or responsible party of residential property shall not operate, conduct, manage, or allow any yard sale event that exceeds three (3) consecutive days.

   (c)   A violation of this Section shall be a civil infraction, with a sanction as provided in Section 16-48(2) of this Chapter.

(Ord. No. 11126, § 5, 11-6-13)

ARTICLE V. ADMINISTRATION AND ENFORCEMENT

Sec. 16-40. Authority to enforce.

   (a)   The code official shall enforce the provisions of this chapter. In addition, the code official is authorized to make safe any structure, in whole or part, which in the opinion of the code official, is an imminent hazard to the health or safety of any person or persons due to the conditions of such structure.

   (b)   No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city who is lawfully engaged in the enforcement or execution of the provisions of this chapter.

(Ord. No. 9816, § 15, 2-24-03)

Sec. 16-41. Rules and regulations.

The code official is authorized to make reasonable and necessary rules and regulations to carry out the provisions of this chapter. When approved by the mayor and council, such rules and regulations shall be binding upon and obeyed by all persons affected by this chapter after three (3) copies of any such rules and regulations shall have been filed in the office of the city clerk as a public record and there kept for use or inspection by any member of the public at any time during the regular office hours of that office. A printed copy of such rules and regulations shall be furnished any member of the public upon request and payment of a reasonable charge therefor as set forth in such printed copy.

(Ord. No. 9816, § 15, 2-24-03)

Sec. 16-42. Authority and inspections; re-inspection fees; appeal.

   (a)   The code official is authorized to make inspections of property to determine compliance with this chapter. Interior inspections will be done with approval of the owner, occupant or responsible party, or by a court order or as otherwise authorized by law.

   (b)   Except as expressly provided in section 16-27 or elsewhere in the Tucson Code, no fee shall be charged for an initial inspection to determine the existence of a violation of this chapter. Any person who neglects, fails or refuses to correct the violations contained within a notice of violation issued pursuant to section 16-45 may be assessed a re-inspection fee for inspections that occur after the compliance date specified in the Notice, where such re-inspection demonstrates the failure to comply. The fee for these re-inspections shall be set by resolution or ordinance adopted by mayor and council. Failure to pay re-inspection fees within fourteen (14) days of assessment is a violation of this section. Re-inspection fees may be collected in any manner as provided by law, including as a lien against the real property where the violation occurred.

   (c)   A person may appeal the imposition of a re-inspection fee to the code official through an administrative conference in the manner provided in section 16-71. The administrative conference shall be the only administrative appeal of a re-inspection fee, and no appeal may be made to the board of appeals.

(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10687, §§ 1, 2, 6-23-09, eff. 7-1-09)

Sec. 16-43. Enforcement independent of other provisions.

The authority of the code official to enforce the provisions of this chapter is independent of and in addition to the authority of city officials to enforce the provisions of any other chapter of the city code or other laws, ordinances, or statutes.

(Ord. No. 9816, § 15, 2-24-03)

Sec. 16-44. Cooperation of other departments.

The police department and any other department of the city has authority to assist and cooperate with the code official in the performance of duties under this chapter. This cooperation may include assistance in enforcement or abatement actions. This section is not intended to create or expand the authority of any department to perform acts that are otherwise prohibited by law.

(Ord. No. 9816, § 15, 2-24-03)