Sec. 16-73. Appeals to the board of appeals.

   (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)

Sec. 16-74. Powers, duties and responsibilities of the board.

   (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)

Secs. 16-75--16-79. Reserved.

ARTICLE VIII. LIABILITY; CONFLICTS; SEVERABILITY; ACKNOWLEDGEMENT

Sec. 16-80. Liability.

   (a)   The board, manager, code official, or any employee charged with the enforcement of this chapter, acting in good faith and without malice for the city in the discharge of the duties required by this chapter or other pertinent law or ordinance, shall not be personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against said board, manager, code official or employee because of such act or omission performed in the enforcement of any provisions of this chapter or other pertinent laws or ordinances shall be defended by the city until the final termination of the proceedings, and any judgment resulting therefrom shall be assumed by the city.

   (b)   This chapter does not relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the city be held as assuming any such liability by reason of the inspections authorized by this chapter.

(Ord. No. 9816, § 15, 2-24-03)

Sec. 16-81. Conflict of ordinances.

   (a)   In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, housing, fire, safety or health ordinance or code of the city existing on the effective date of this chapter, the provision which establishes the higher standard for the protection and preservation of public health and safety shall control.

   (b)   In cases where two (2) or more provisions of this chapter disagree, the most stringent or restrictive shall prevail.

   (c)   This chapter is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter.

(Ord. No. 9816, § 15, 2-24-03)

Sec. 16-82. Severability.

If a provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

(Ord. No. 9816, § 15, 2-24-03)