(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)