(A) Pursuant to 1999 Laws, Ch. 4 (to be codified by the Arizona Legislature at A.R.S. § 33-1901(3)), property constitutes “slum property” whenever any “residential rental property” has deteriorated or is in a state of disrepair and that manifests one or more of the following conditions that are a danger to the health or safety of the public:
(1) Structurally unsound exterior surfaces, roof, walls, doors, floors, stairwells, porches or railings;
(2) Lack of potable water, adequate sanitation facilities, adequate water or waste pipe connections;
(3) Hazardous electrical systems or gas connections;
(4) Lack of safe, rapid egress; and
(5) Accumulation of human or animal waste, medical or biological waste, gaseous or combustible materials, dangerous or corrosive liquids, flammable or explosive materials or drug paraphernalia.
(B) The phrase RESIDENTIAL RENTAL PROPERTY is defined in the city code as it has been defined by the Arizona Legislature in 1999 Laws, Ch. 4 (to be codified at A.R.S. § 33-1901(2)) as “property that is used solely as leased or rented property for residential purposes. If the property is a space rental mobile home park or a recreational vehicle park, RESIDENTIAL RENTAL PROPERTY includes the rental space, but does not include the mobile home or recreational vehicle that serves as the actual dwelling if the dwelling is owned and occupied by the tenant of the rental space and not by the owner of the rental space.
(C) The City Manager, Building Official and Fire Chief and/or their authorized representatives are authorized to designate property as a “slum property”. These individuals will designate property as “slum property” by use of the notice provisions of § 151.41 of this chapter. The notice will be served in accordance with the provisions of § 151.42 of this chapter.
(D) (1) State law provides that a property owner is entitled to an administrative appeal of the designation of property as a “slum property”.
(2) All appeals of the designation of property as a “slum property” shall be made in accordance with provisions set forth in § 151.25(A) and (C) of this chapter.
(3) The matter on appeal will be whether the property qualifies as a “slum property” as that phrase has been defined by the state’s Legislature and in this code of ordinances or may be further defined by the state courts interpreting the statute.
(E) The procedure on appeal will be the same procedure as is set forth in § 151.25(C) of this chapter.
(F) Pursuant to 1999 Laws, Ch. 4 (to be codified at A.R.S. § 33-1905), “there shall be no further appeals from the decision” of the City Council on whether property constitutes “slum property”.
(G) The provisions of this section shall become effective on the date and time that 1999 Laws, Ch. 4 becomes effective.
(Prior Code, § 6-7.45) (Ord. 791, passed - -1999) Penalty, see § 151.99