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The provisions of this article, which permit administrative review of a notice of violation, only apply to:
(2) Designations of slum properties pursuant to section 16-24 of this chapter;
(3) Violations of this chapter wherein the city seeks the recovery of costs through the imposition of an assessment as provided in sections 16-61(d), (e); and
(4) Abatement of a group dwelling public nuisance pursuant to section 16-37.
No administrative appeal is available in a case involving a pending or adjudicated court proceeding.
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10965, § 7, 2-15-12)
(a) Any notice of violation or slum designation described in section 16-70 can be appealed to the code official for an administrative conference for review. An appeal shall be made to the code official in the following manner:
(1) The applicant shall file a written appeal on the forms provided by the code official and accompanied by a non-refundable fee, as determined by separate ordinance, within ten (10) days after the date of service of the notice.
(2) The appeal will be heard by the code official within ten (10) days at a regular, specified time.
(3) The code official may use a hearing committee consisting of such staff as the code official deems appropriate or other technical persons to advise the code official on a particular appeal.
(4) The applicant shall provide adequate information to fully describe the conditions in question.
(5) The applicant may, but is not required to, meet personally with the code official.
(b) If the code official denies an appeal made under this section, the applicant must comply with the decision of the code official or may appeal to the board of appeals pursuant to section 16-73 of this chapter.
(c) Failure to file an appeal in accordance with the provisions of this section constitutes a waiver of the right to an administrative conference. Additionally, any person who appeals directly to the board of appeals pursuant to section 16-73 waives the right to an administrative conference.
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 16, 3-1-05; Ord. No. 10687, § 3, 6-23-09, eff. 7-1-09)
The code official may grant a minor variance to the provisions specified in section 16-70 of this chapter when there exists an unusual or unreasonable hardship resulting from a literal interpretation of this chapter. The code official shall first find that a special individual hardship makes the strict application of this chapter impractical, and the variance is in conformity with the intent and purpose of this chapter, and that the variance does not lessen health, life safety and fire safety requirements or any degree of structural integrity. The details of actions granting variances shall be recorded and maintained by the code official.
(Ord. No. 9816, § 15, 2-24-03)
(a) An owner or responsible party who is not or was not a party to a pending or adjudicated court proceeding involving a request for court ordered abatement of the violation (hereinafter, the appellant) may appeal a notice of violation, slum designation described in section 16-70 or group dwelling public nuisance designation described in section 16-37 to the board of appeals (hereafter board) established in Tucson Code section 6-12 and section 204 of the Administrative Code, when it is claimed that:
(1) Substantive errors exist in the notice of violation, the slum designation or group dwelling public nuisance designation.
(2) The method or schedule for correcting the violation as set forth in the notice of violation, the slum designation or group dwelling public nuisance designation is unreasonable or arbitrary.
(b) An owner or responsible party whose relationship with the property existed at the time of the recording of an assessment, and who is not or was not a party to a court proceeding which has established or may establish the amount of an assessment, may appeal the amount of the assessment for abatement to the board.
(c) In cases involving an order to vacate or suspend occupancy of a group dwelling public nuisance, any the property owner or a lawful tenant of the property that is the subject of the order to vacate may appeal that order to the board on the grounds that the order to vacate is unreasonable or arbitrary.
(d) The appellant shall prepare the appeal in a written application as follows:
(1) The appellant shall file a written appeal on the forms provided by the code official and accompanied by a non-refundable fee, as determined by separate ordinance;
(2) The appellant shall provide adequate information to fully describe the conditions in question;
(3) The application for appeal shall contain each appellant's signature and mailing address to which the decision of the board may be mailed;
(4) The appellant shall provide a brief statement describing the legal interest of each of the appellants in the property involved in the proceeding;
(5) The appellant shall verify by declaration under penalty of perjury the truth of the matters stated in the application;
(6) The appeal shall be filed within thirty (30) days from the date of the service of the notice of violation or notice of designation as a slum property; provided, however, that if the building or structure is in such condition as to make it an imminent hazard and is posted and vacated in accordance with sections 16-63 and 16-64 of this chapter, an appeal shall be filed within ten (10) days from the date of the service of such notice.
(e) Except for vacation orders made pursuant to sections 16-63 and 16-64, the timely filing of an appeal shall act as an automatic stay of enforcement of the notice of violation until the appeal is finally determined by the board. The filing of an appeal does not stay enforcement of any notice or order, or any provision thereof, where the notice or order includes an order to vacate.
(f) As soon as practicable after receiving the written appeal, the board shall fix a date, time and place for the hearing of the appeal. Such date shall not be less than ten (10) days nor more than sixty (60) days from the date the appeal was filed. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the secretary of the board, either by causing a copy of the notice to be delivered personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
(g) Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of the right to a administrative hearing of the appeal and adjudication of the notice of violation or notice of designation as a slum, and such person shall be stopped to deny the validity of any order or action of the city which could have been timely appealed.
(h) The board shall decide any appeal immediately after the hearing, or within a reasonable time thereafter, but in no event shall the board keep an appeal under consideration for more than five (5) days after the hearing. The board shall render its decision in writing, and the decision of the board shall be filed with the secretary of the board, with a copy to the appellant or applicant. The decision of the board is final. No further appeal is available to city or county boards or officials. In cases involving the designation of a property as a slum, persons aggrieved by decisions of the board may appeal the decision pursuant to A.R.S. Tit. 12, Ch. 7, Art. 6, or pursuant to successor provisions relating to judicial review of administrative decisions. In all other cases, persons aggrieved by decisions of the board may apply to superior court for relief in accordance with the Arizona Rules of Procedure for Special Actions. In the absence of a court order, the filing of an appeal or special action will not stay enforcement.
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 17, 3-1-05; Ord. No. 10687, § 3, 6-23-09, eff. 7-1-09; Ord. No. 10965, § 7, 2-15-12)
(a) Appeals.
(1) On an appeal, the board may affirm, reverse, or modify the notice of violation or notice of designation as a slum. In the event that the board modifies the notice, the following limitations and procedures shall apply:
a. If the appeal is taken on the grounds that the amount of time for correction of the violation given in the notice of violation is unreasonable, upon a showing by the appellant that the time is unreasonable, and upon a satisfactory showing by the appellant that there is a reasonable probability that the appellant will be able to correct the violation by the granting of additional time, the board may grant up to an additional ninety (90) days to correct the violation. The board may permit city staff to grant additional time of up to ninety (90) days if during the initial time extension the appellant has substantially complied with any plan or timetable approved by the board.
b. If the appeal is taken on the grounds that the method to correct the violation as specified in the notice of violation is unreasonable, the board may approve an alternate method of correction as long as the purposes of this chapter are fulfilled.
c. In the event that the appeal is taken on the grounds that the cost of the abatement is unreasonable, the board may affirm, modify or reverse the lien or assessment amounts resulting from the abatement for good cause shown.
d. If the appeal is taken on the grounds that an order to vacate is unreasonable or arbitrary, the board may affirm, reverse, or modify the order to vacate.
(2) In order to assist it in making the determinations set forth above, the board may take evidence from the appellant, city staff, and any other person. Any relevant evidence is admissible, including hearsay evidence, if it would assist the board in making its decision.
(b) Adoption of rules. The board may adopt rules necessary to carry out the duties and responsibilities imposed upon it by this section. Such rules shall not be inconsistent with the provisions of this chapter, or the Charter or Code of the City of Tucson.
(Ord. No. 9816, § 15, 2-24-03; Ord. No. 10126, § 18, 3-1-05)
ARTICLE VIII.
LIABILITY; CONFLICTS; SEVERABILITY; ACKNOWLEDGEMENT
LIABILITY; CONFLICTS; SEVERABILITY; ACKNOWLEDGEMENT
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