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ARTICLE V.
ADMINISTRATION AND ENFORCEMENT
ADMINISTRATION AND ENFORCEMENT
(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)
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)
(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)
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)
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)
(b) A notice of violation issued pursuant to this section shall include:
(1) The identification of the property in violation; a street address or legal description of the property is sufficient identification of the property;
(2) A statement of the violations in sufficient detail to allow an owner or responsible party to identify and correct the problem;
(3) A statement of the actions required to correct and abate the violations. The statement of required action shall direct the owner or responsible party to perform whatever action is reasonably necessary to correct the violations, including clean-up, extermination, repair, rehabilitation, vacation of the building or structure, compliance with section 16-29, and/or demolition:
a. If the action required is a repair, the notice shall direct that all required permits be secured for the repair, and that the repair work shall be commenced and completed within such time, not to exceed sixty (60) days, as the code official determines is reasonable under the circumstances.
b. If the action required includes the vacation of a building or structure, the notice shall direct that the building or structure be vacated within a time certain as the code official determines is reasonable under the circumstances.
c. If the action required includes demolition and removal of a building or structure, the notice shall direct that the building or structure be vacated within a time certain as the code official determines is reasonable under the circumstances; that all permits required for the demolition be secured within sixty (60) days from the date of the notice; and that the demolition and removal be completed within a time certain as the code official determines is reasonable under the circumstances.
d. If the action required is the abatement of a hazardous excavation, the notice shall direct any or all of the following actions be completed within a time certain as determined to be reasonable by the code official:
1. Securing the excavation by completely surrounding either the excavation or the property with a fence or other enclosure that is at least five (5) feet in height at all points;
2. Securing the excavation by completely covering the excavation in a manner that prevents any access to the excavation and eliminates any hazard or attractive nuisance;
3. Completely filling the excavation with clean fill.
(4) The address and phone number of a city representative to contact;
(5) A statement describing the city's authority to abate should the owner or responsible party not correct the violation within the time specified in the notice, and to assess a lien against the property for the costs of abatement;
(6) A statement advising that any person having any legal interest in the property may appeal from the notice in the manner specified in this chapter, and that failure to appeal will constitute a waiver of all rights to an administrative determination and hearing of the matter.
(c) In order for the city to assess the property for the costs of abatement as provided in section 16-61, the notice shall be given not less than thirty (30) days before the day set for compliance and shall include the estimated cost of such abatement to the city if the owner or responsible party does not comply.
(d) The notice shall be served upon the record owner and/or the responsible party in the manner described in subsection (e) of this section. In addition, the notice shall be served on the holder of any legal interest in the property, if known to the code official, and in cases involving an order to vacate, upon any lawful tenant. Any failure to serve any person holding legal interest in the property shall not invalidate any proceedings as to any other person duly served, and shall not relieve any such person from any obligation imposed by this chapter.
(e) Any notice given for any purpose under this chapter, except any notice that includes an order to vacate or an order to abate by demolition, shall be deemed effective on the date when written notice is hand delivered; or on the date when written notice is mailed by first class mail, addressed to the property owner or responsible party. Any notice given under this chapter that includes an order to vacate or an order to abate by demolition shall be deemed effective on the date when written notice is hand delivered or mailed by certified mail return receipt requested, addressed to the property owner or responsible party. Any notice served by first class mail shall be mailed to the last known address of the owner, the owner's authorized agent or the owner's statutory agent and to the address to which the tax bill for the property was last mailed. For any notice given under this chapter for any purpose, including any notice that includes an order to vacate or an order to abate by demolition, if personal service or mailed service is not practicable, service of notice shall also be deemed effective upon notification through one time public notice published in a newspaper of general circulation and by posting the property for a period of thirty (30) days. Nothing herein shall preclude the city from giving additional verbal, written, or posted notice at its discretion. If the city does elect to give any additional notice in any instance, it shall not thereby become obligated to give such additional notice thereafter in the same or other situations.
(f) Unless otherwise specifically provided, nothing in this section shall require the issuance of a notice of violation prior to the commencement of civil or criminal violation proceedings.
(g) Any person who fails to comply with a notice of violation issued pursuant to this section shall be subject to the penalties set forth in section 16-48 of this chapter.
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 12, 3-1-05; Ord. No. 10512, § 2, 3-25-08; Ord. No. 10638, § 4, 3-3-09)
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