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§ 151.24 ABATEMENT BY CITY.
   (A)   If the property owner, occupant, lessee or other person served with a notice pursuant to this chapter fails to comply with such notice or order, the city may correct or abate the conditions subject to the notice, including the right to demolish the dangerous building if the cost to the city to repair the building exceeds the cost to demolish the dangerous building.
   (B)   If the city reserves the right to abate the nuisance itself, it shall include in the notice issued under §§ 151.40 and 151.41 of this chapter, the costs to the city of repair or demolition if the owner or lessee does not comply with the notice.
   (C)   In the event the city corrects or abates a violation of this chapter, the city shall prepare a verified statement and account of the actual cost of such removal or abatement, including the cost of labor and expenses incurred by the city, any associated legal costs for abatement and injunctions, as well as an additional 5% for inspection and other incidental costs in connection with such correction or abatement. The statement of abatement costs shall be delivered or mailed, certified mail return receipt requested, to the owner(s), occupants, lessees or other person(s) upon whom the city served the notice or order. That statement shall further set forth the following:
      (1)   The statement of costs is an assessment upon the lots and tracts of land from which the city corrected or abated the violation;
      (2)   The assessment shall be payable in equal annual installments from the date the assessment is recorded and according to the following schedule:
 
Less than $500
Within one year after assessment recorded
$500 - $1,000
Within two years after assessment recorded
$1,000 - $5,000
Within three years after assessment recorded
$5,000 - $10,000
Within six years after assessment recorded
Over $10,000
Within ten years after assessment recorded
 
      (3)   The right to appeal the amount of the costs.
   (D)   The city shall prepare the verified statement and account within 45 days from the last day in which the city performed any work on the property. The verified statement and account shall be an assessment on the property.
   (E)   The assessment shall be recorded in the office of the County Recorder and, from the date of its recording, shall be a lien on the lot or tract of land. Such lien is prior to and superior to all other liens, obligations, mortgages or other encumbrances, except liens for general taxes.
   (F)   If, at any time, payments are not made in a timely manner, the city may file an action for judgment on foreclosure and order of sale in Superior Court for both the amount past due as well as the entire, outstanding amount of the lien. The failure to enforce the lien or the foregoing payment schedule shall not affect either the validity of the lien or the right to receive payments.
   (G)   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 thereof.
   (H)   A prior assessment pursuant to this section shall not be a bar to a subsequent assessment and any number of liens on the same lot or tract of land may be enforced in the same action.
(Prior Code, § 6-7.18) (Ord. 791, passed - -1999)
§ 151.25 APPEALS.
   (A)   Appeals to City Council.
      (1)   Any notice or assessment may be appealed to the City Council.
      (2)   An appeal must be filed within 15 days of the service of the notice to abate or assessment, and must be filed with the City Clerk’s office.
      (3)   Failure of a person entitled to appeal under this chapter to timely file an appeal shall constitute a waiver of the right to a hearing of the complaint and such person shall be estopped to deny the validity of any notice or assessment which could have been timely appealed.
      (4)   The notice of appeal shall set forth, in writing, the person’s reasons for believing they are not in violation of the chapter or that the assessment is excessive.
      (5)   The individual appealing shall accompany the written appeal with an appeal fee of $25, such sum to be deposited in the General Fund of the city.
      (6)   In case of financial hardship, the fee may be suspended.
(Prior Code, § 6-7.19)
   (B)   Matters on appeal. Any person may appeal a notice to abate or assessment:
      (1)   When it is claimed the property or building subject to the notice is not in violation of this chapter;
      (2)   When it is claimed the true intent of the chapter or standards described in the chapter have been incorrectly interpreted; or
      (3)   When it is claimed that the city’s costs for correcting or abating the violation are excessive.
(Prior Code, § 6-7.20)
   (C)   Procedure on appeal.
      (1)   The City Council shall set a date for hearing on appeal within 30 days of the receipt of notice of appeal by the City Clerk. The notice to appellant shall be substantially in the following form, but may include other information:
 

You are hereby notified that a hearing will be held before the City of Williams City Council at on the                   day of                             , 20         , at the hour                  , upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you.
 
      (2)   A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the Council. The proceedings at the hearing may also be reported by a certified court reporter if requested by appellant and paid for by appellant. If the appellant retains the services of a court reporter, a copy of the transcript shall be made available to the city, if requested, upon payment of the court reporter’s fee for a copy of the transcript.
      (3)   The Council shall take testimony from all parties to the appeal. The City Council has the power to administer oaths and affirmations and to certify to official acts.
      (4)   Each party shall have these rights, among others:
         (a)   To call and examine witnesses on any matter relevant to the issues of the hearing;
         (b)   To introduce documentary and physical evidence;
         (c)   To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
         (d)   To impeach any witness regardless of which party first called the witness to testify;
         (e)   To rebut the evidence; and
         (f)   To be represented by anyone who is lawfully permitted to do so in the state.
      (5)   (a)   The City Council may inspect any building or premises involved in the appeal as part of the hearing; provided that:
            1.   Notice of such inspection shall be given to the parties before the inspection is made;
            2.   The parties are given an opportunity to be present during the inspection; and
            3.   The City Council shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom.
         (b)   Each party then shall have a right to rebut or explain the matters so stated by the City Council.
      (6)   The Council shall prepare a written summary of the hearing and shall set forth the decision reached. A decision shall be rendered within 15 days of the hearing, and the findings and decision shall be mailed to all parties to the appeal.
(Prior Code, § 6-7.21)
   (D)   Abatement variances and time extensions.
      (1)   Any person may request a variance or time extension of a notice or assessment. Such request shall be made to the City Council.
      (2)   The same time limits for filing, fees and written requirement that appear in divisions (A) and (B) above on appeal apply to this subchapter.
      (3)   The procedure shall be the same as set forth in division (C) above.
      (4)   Where the Council grants a variance, it shall set forth its reasons for granting the variance and the extent of the variance.
      (5)   The Council may grant a variance only where it is determined that all of the following apply:
         (a)   Special circumstances or conditions apply to this appeal application such as hardship;
         (b)   Authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and
         (c)   Authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property or adjacent property values, to the neighborhood or to the public welfare in general.
      (6)   The Council may grant one extension of the time limit set forth in § 151.41 of this chapter. Such extension shall not exceed 180 days. The extension period granted by the Council starts to run on the day the Council issues its decision pursuant to this division (D)(6). The Council may grant an extension only where it is shown that:
         (a)   It would create a hardship to bring the property into compliance within the 30-day period of § 151.41 of this chapter; and
         (b)   The moving party presents a plan, that is approved by the Council by which the property will be brought into compliance within 180 days.
(Prior Code, § 6-7.22)
   (E)   Appeal from decision of Council. Any party aggrieved by a decision of the Council may appeal to the county’s Superior Court in accordance with the rules of procedure for special actions.
(Prior Code, § 6-7.23)
   (F)   Stay of order during appeal to Council. Except for orders to vacate or violations presenting an imminent hazard, the timely filing of an appeal shall stay enforcement of a notice to abate or assessment until the appeal is finally determined by the Council.
(Prior Code, § 6-7.24)
(Ord. 791, passed - -1999)
NOTICES AND ORDERS OF BUILDING OFFICIAL
§ 151.40 COMMENCEMENT OF PROCEEDINGS TO ORDER REPAIR, DEMOLITION OR VACATION.
   When the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, the Building Official shall commence proceedings to cause the repair, vacation or demolition of the building.
(Prior Code, § 6-7.10) (Ord. 791, passed - -1999)
§ 151.41 NOTICE AND ORDER.
   (A)   The Building Official shall issue a notice and order directed to the owner, owner’s agent, lessee or occupant of the building.
   (B)   The notice and order shall contain:
      (1)   The street address and a legal description of the premises upon which the building is located;
      (2)   A statement that the Building Official, Fire Chief or their authorized representatives have found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of § 151.03(B) of this chapter; and
      (3)   A statement of the action required to be taken as determined by the Building Official:
         (a)   If the Building Official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (at least 30 days from the date of the notice and not to exceed 60 days from the date of the order) and completed within such time as the Building Official shall determine is reasonable under all of the circumstances;
         (b)   If the Building Official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the Building Official to be reasonable;
         (c)   If the Building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official shall determine is reasonable (at least 30 days from the date of the notice and not to exceed 60 days from the date of the order); that all required permits be secured therefor within 30 to 60 days from the date of the order; and that the demolition be completed within such time as the Building Official shall determine is reasonable;
         (d)   A date and time for re-inspection of the property;
         (e)   Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official will order the building vacated and posted to prevent further occupancy until the work is completed and may proceed to cause the work to be done (abate the problem) and assess the owner the cost of such abatement and record a lien on the property for the assessment. If the city reserves the right to abate the dangerous building, the notice must also comply with the provisions of § 151.24 of this chapter; and
         (f)   Statements advising:
            1.   Any person having any record title or legal interest in the building may appeal from the notice and order or any action of the Building Official to the City Council; provided, the appeal is made in writing as provided in this chapter and filed with the Building Official within 15 days from the date of service of such notice and order; and
            2.   Failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
(Prior Code, § 6-7.11) (Ord. 791, passed - -1999)
§ 151.42 SERVICE OF NOTICE AND ORDER; METHOD; PROOF.
   (A)   The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following, if known, to the Building Official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the City Manager, Building Official, Fire Chief or their authorized representatives to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this subchapter.
(Prior Code, § 6-7.12)
   (B)   (1)   Service of the notice and order shall be made upon all entitled thereto by either having the Building Official, the City Manager or the designee of the City Manager personally serve the notice, or by mailing the notice by certified mail, return receipt requested. In complying with the obligation to “personally serve” the notice, the Building Official, City Manager or designee may follow Arizona Rules of Civil Procedure 4.1 and 4.2. In complying with the obligation to mail notice to the owner of the property, the Building Official, City Manager or designee can mail the notice to the last address on the tax bill. If the owner does not live on the property, the City Manager or designee can also send the notice to the last known address of the owner.
      (2)   Notice is deemed effective on the date it is hand delivered, sent or deposited in the United States mail.
      (3)   Nothing herein shall preclude the city from giving additional oral or written notice at its discretion. If the city does elect to give any additional notice in any instance, it shall not thereby become obligated to give such additional notice thereafter in the same or other situation.
(Prior Code, § 6-7.13)
   (C)   Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Building Official.
(Prior Code, § 6-7.14)
(Ord. 791, passed - -1999)
§ 151.43 RECORDATION.
   (A)   Any notice issued under this chapter shall run with the land. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the city may, in its sole discretion, file in the office of the County Recorder a certificate describing the property and certifying:
      (1)   The building is a dangerous building; and
      (2)   The owner occupant, and/or lessee, if any, have been so notified.
   (B)   By recording the notice, the city may thereby cause compliance by any person or entity thereafter acquiring such property. The failure to record any notice shall not affect the validity of notice as to any person or entity receiving actual notice of the city’s notice. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the Building official shall file a new certificate with the County Recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer dangerous, whichever is appropriate.
(Prior Code, § 6-7.15) (Ord. 791, passed - -1999)
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