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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)
ARTICLE VI.
ABATEMENT
ABATEMENT
(a) Upon finding a person guilty or responsible for a violation of any provision of this chapter, the court shall order such person to perform whatever action is reasonably necessary to correct and abate the violations, including clean-up, board-up, extermination, repair, rehabilitation, vacation of the building or structure, permanently securing or filling the excavation, compliance with section 16-29, and/or demolition. An abatement order shall be effective for one (1) year unless stayed on appeal. If stayed on appeal, the order shall be effective for one (1) year from the end of the appeal if the judgement and sentence are upheld. If more than one (1) person is guilty or responsible for a violation, such persons shall be jointly and severally responsible for completing the abatement.
(b) For violations of section 16-15 of this chapter, upon a finding of responsibility, the court shall order the abatement of the offending vehicle within thirty (30) days of judgment, unless additional time is requested by the defendant and granted by the court. Upon expiration of the time for abatement, and upon request by the city, the court shall order the city to abate a violation of section 16-15 by towing and impounding the vehicle; and the city shall dispose of the vehicle pursuant to the procedures for such disposal as set forth in sections 20-13 and 20-14 of the Code.
(c) When the court orders abatement pursuant to this section, the court shall advise a violator that additional fines will be imposed for failure to abate a violation, and that the city may bring criminal charges for failure to obey an order to abate a violation.
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 13, 3-1-05; Ord. No. 10512, § 3, 3-25-08)
(a) In addition to ordering abatement of a violation as provided in section 16-60, upon finding a person guilty or responsible for a violation of any provision of this chapter, the court may issue an order authorizing the city to perform whatever action is reasonably necessary to correct and abate the violation, including clean-up, board-up, extermination, repair, rehabilitation, vacation of the building or structure, disconnection of utilities, permanently securing or filling the excavation, and/or demolition.
(b) The reasonable costs of any such abatement shall be the responsibility of the person found guilty or responsible of the violation. If more than one (1) person is guilty or responsible for a violation, such persons shall be jointly and severally responsible for the costs of the abatement. The city shall pay the cost and expense of such abatement from any appropriation made available for that purpose and shall certify a statement of account to the finance director who shall collect the amount due, together with interest at the rate established by law.
(c) Any and all charges and costs arising from the city taking action to abate a violation pursuant to a court order shall be a lien filed against the real property that is the subject of the violation.
(d) The city may make the costs of an abatement an assessment on the property that is the subject of the violation where all of the following are true:
(1) The case was initiated by the service of a notice of violation pursuant to section 16-45 of this chapter;
(2) The owner or responsible party failed to comply with such notice within thirty (30) days; and
(3) The notice included the estimated cost of such abatement to the city if the owner or responsible party did not comply.
Upon commencement of action on the property or after mailing the statement of account to the owner or responsible party, the city shall assess the property for the cost of work performed, including actual costs of any additional inspection and other incidental connected costs, and for associated legal costs for abatement or injunction, and may pursue any or all means for recovery of cost if the assessment is not paid. If the assessment is paid, the city shall remove the assessment. In the event it is necessary to enforce the assessment by sale, the sale shall be made from a judgment of foreclosure and order of sale. The city shall have the right to enforce the assessment in the Superior Court of Pima County, at any time after recording, but failure to enforce the assessment shall not affect its validity. The recorded assessment shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the recording. Prior assessment or assessments for the purposes provided for in this chapter shall not be a bar to a subsequent assessment or assessments and any number of liens or assessments on the same parcel may be enforced in the same action.
(e) An assessment made pursuant to this section is prior and superior to all other liens, obligations, mortgages or other encumbrances, except liens for general taxes.
(f) Any liens or assessments filed with the county recorder pursuant to previous provisions of this chapter or any similar chapter shall remain in effect under the same terms and conditions that existed at the time of recording.
(g) If the code official observes a violation of sections 16-13(a), (b), (c), (d), (e) or 16-33 and serves a written notice of violation pursuant to section 16-45 and the violation has not been completely abated within thirty (30) days, then the violation is presumed to constitute a health or fire hazard. The code official may then go upon the property and abate the violation at the expense of the owner or responsible party. Any and all costs arising from the city's action to abate the violation shall be a lien filed against the real property that is the subject of the violation. A verified statement of the costs or expenses shall be prepared and charged pursuant to rules, procedures and regulations promulgated by the appropriate code official to the last known address of the responsible person. In determining costs, the city may charge twice the rate established by mayor and council resolution for the collection of trash and refuse. If the charged person has a utility services account with the city, the costs may be charged to that account. If more than one (1) person is responsible for the violation, such persons shall be jointly and severally responsible for the payment of costs or expenses of the abatement. The payment may be in addition to any civil or criminal penalty imposed pursuant to this Code.
(h) The purpose of charging costs to a utility services account per subsection (g) is to provide a means of billing and collecting costs, rather than to create a means of discontinuing utility services.
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 14, 3-1-05; Ord. No. 10348, § 6, 11-28-06; Ord. No. 10833, § 7, 8-4-10)
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