Sec. 16-47. Recording a violation.

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)

Sec. 16-48. Violations and penalties.

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)

Sec. 16-49. Jurisdiction of court.

   (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)

Sec. 16-50. Commencement of civil infraction proceedings.

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)

Sec. 16-51. Appeal of court decision.

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)

Secs. 16-52--16-59. Reserved.

ARTICLE VI. ABATEMENT