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(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)
(a) Responsibility upon transfer of property. The transfer of any and all property interests in any manner of any real property against which a notice of violation has been issued shall not relieve the party(s) served with a notice unless the legal entity assuming an ownership interest in such property, in writing, assumes responsibility for compliance with the notice of violation and a copy of such writing is presented to the code official.
(b) Fraudulent transfer as a misdemeanor. Any person who has been served with a notice of violation and who then transfers an ownership interest in the real property against which the notice has been served is guilty of a misdemeanor if the transfer is made without first obtaining a written acceptance of liability from the new owner for the items listed in the notice.
(Ord. No. 9816, § 15, 2-24-03)
If there is not compliance with a notice of violation within the time specified in the notice, and no appeal has been properly and timely filed, the code official may record a notice of violation with the county recorder. A recorded notice of violation shall describe the property and the violations and shall certify that the owner has been notified. Whenever the corrections ordered thereafter have been completed or the building demolished so that the violations described in the notice have been abated, 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 in violation of this chapter. Failure to record a notice of violation shall not affect the validity of the notice as to persons who receive the notice.
(Ord. No. 9816, § 15, 2-24-03)
Unless a penalty, remedy or sanction is otherwise specified in this chapter, the penalty for a violation of this chapter shall be as follows:
(1) The remedies herein are cumulative and the city may proceed under one (1) or more such remedies.
(2) Any owner or responsible party who commits, causes, permits, facilitates or aids or abets any violation of any provision of this chapter or who fails to perform any act or duty required by this chapter is responsible for a civil infraction and is subject to a civil sanction of not less than one hundred dollars ($100.00) nor more than two thousand five hundred dollars ($2,500.00).
(3) Any owner or responsible party who commits, causes, permits, facilitates or aids or abets any violation of any provision of this chapter or who fails to perform any act or duty required by this chapter is guilty of a class one (1) misdemeanor.
(4) Each day any violation of any provision of this chapter or the failure to perform any act or duty required by this chapter exists shall constitute a separate violation or offense.
(Ord. No. 9816, § 15, 2-24-03)
(a) Jurisdiction of all proceedings to enforce the provisions of this chapter shall be in the City Court of the City of Tucson.
(b) Civil infraction proceedings to enforce this chapter may be adjudicated by a magistrate or a special limited magistrate.
(c) The City Court of the City of Tucson shall have jurisdiction to issue orders pursuant to this chapter permitting the city to abate conditions that constitute a violation of the provisions of this chapter.
(Ord. No. 9816, § 15, 2-24-03)
Any civil infraction proceedings to enforce the provisions of this chapter shall be commenced, and summons shall be issued in accordance with the procedures set forth in Arizona Revised Statutes, city ordinance or as provided in the Local Rules of Practice and Procedure-City Court-City of Tucson. If the city is unable to personally serve the complaint, the complaint may be served in the same manner prescribed for alternative methods of service by the Arizona Rules of Civil Procedure or by certified or registered mail, return receipt requested.
(Ord. No. 9816, § 15, 2-24-03)
Any party may appeal the judgment of the court to the Superior Court. Appeals from civil infraction proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure-Civil. Appeals from criminal proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure-Criminal.
(Ord. No. 9816, § 15, 2-24-03)
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