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The developer of any new or existing structure which is partially or entirely within five hundred (500) feet of, or on, a landfill shall provide to any new tenant or any purchaser of the property a notice that the property is subject to this article and identification of the location where the information required herein may be obtained. A similar notice shall also be recorded with the title for each individual lot upon sale by a subdivider of property to the initial owner/occupant. The notice required under this section shall include:
1. A statement that the residence is located within five hundred (500) feet of a landfill;
2. Identification of public jurisdictional agencies such as the Tucson Fire Department, Environmental Services and the Arizona Department of Environmental Quality, that can provide further information regarding the landfill and regulation of the landfill, including the appropriate agencies for any complaints regarding methane gases;
3. The self-certification statement form required under section 29-24 and
4. The responsible party's obligations as set forth in section 29-25B.
(Ord. No. 10037, § 1, 9-13-04)
The responsible party for a property containing a landfill, in whole or in part, shall cooperate with the city where necessary to characterize the landfill, or to install methane monitoring or control mechanisms. Owners and operators and former owners and operators of landfills are required to provide, within a reasonable period of time, all information in their possession or control, which is reasonably required by developer or responsible party to comply with this article.
(Ord. No. 10037, § 1, 9-13-04)
A. The responsible party for a property within the city on which a landfill is located, in whole or in part, shall allow access to city representatives to such property for purposes of investigating and remediating methane conditions or contamination of the air, soil, surface water or groundwater under the following terms:
1. Unless public health or safety is in immediate danger, the city shall give seven (7) days notice in advance of its intent to enter the property.
The notice shall specify:
a. The date of entry;
b. The location of entry;
c. The purpose of entry;
d. The equipment and personnel that may be involved;
e. The duration of entry;
f. The type of equipment that may be installed;
g. The location and duration of installation, if any; and
h. The person to contact with questions.
B. Unless public health and safety is in immediate danger, the city will attempt to accommodate future development plans before installation of equipment if requested by responsible party. Prior to any such installation, the city shall notify the responsible party of the provisions of 29-28C.
C. The city will accommodate one (1) request for relocation of installed equipment at city expense, to the extent allowed by any remediation plan, upon a showing of reasonable necessity providing there were no building plans, including concept plans, at the time equipment was installed.
(Ord. No. 10037, § 1, 9-13-04)
A. It shall be a civil infraction for any person to violate, disobey, omit, neglect, refuse to comply with, or to resist the enforcement of any provisions of this article.
B. If any property or improvement thereon is used in violation of the provisions of this article, the city attorney in addition to other remedies, may institute any appropriate action or proceeding to restrain, correct or abate such violations.
C. The director shall report violations of section 29-23, 29-24, 29-27 and 29-28 to the city attorney. The fire chief or his designee shall either proceed to issue a citation for violation of section 29-25 or report such violation to the city attorney. Violations for which citations are issued shall be heard under the procedures set forth in the Tucson Code. The issuance of any citation shall stay all building permits, pending resolution of the matter.
(Ord. No. 10037, § 1, 9-13-04)