Chapter 134: Nuisances
Section
   134-01   Definitions
   134-02   Liability for public nuisances; mitigative actions by responsible parties
   134-03   Administrative review process
   134-04   Selection of corrective measures
   134-05   Administrative warrants
   134-06   Designation of enforcement authorities
   134-07   Abatement costs recovery procedures
   134-08   Lost, abandoned and unclaimed motor vehicles
   134-99   Penalty
§ 134-01 Definitions.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CORRECTIVE MEASURES. Those actions deemed necessary by designated enforcement authorities or the environmental manager of the city to prevent, minimize, mitigate or correct the damage to the public health, safety, or welfare which may have resulted from the creation of any of the above listed nuisances.
   ENFORCEMENT AUTHORITIES. Those designated city employees who are authorized by this chapter to issue notices to comply for violations and ensure appropriate corrective measures are taken by the violator to eliminate the nuisance and return the property to a state that meets the local community standards.
   PUBLIC NUISANCES. The following conditions are public nuisances:
      (1)   Vermin attractions. Any condition or place in the city which provides harborage for flies, rodents, mosquitoes and other insects which are capable of carrying and transmitting disease-causing organisms to any person or persons.
      (2)   Disease transmission. All sewage, human excreta, wastewater, garbage or other organic wastes inappropriately deposited, stored, discharged or exposed so as to be a potential medium in the transmission of disease to or between any person or persons and animals.
      (3)   Uncontrolled vegetation. Noxious weeds and other rank vegetation not properly controlled.
      (4)   Leaking waste hauling. Any vehicle or container used in the transportation of garbage, human excreta or other organic material which allows leakage or spillage of contents.
      (5)   Waste water maintenance. The lack of maintenance of any overflowing septic tank, sewage system, cesspool or other accumulation of stagnant water, the contents of which may be accessible to flies or other insects.
      (6)   Water contamination. The pollution or contamination of any waters of the state or United States that are potable, used for swimming, fishing, hunting, irrigation, or supports riparian habitation.
      (7)   Effluent disposal. The use of the contents of privies, cesspools, or septic tanks or the use of sewage or sewage plant effluents for fertilizing or irrigation purposes for crops or gardens except by specific approval of the Department of Health Services and/or the Department of Environmental Quality of the State of Arizona.
      (8)   Regulated waste handling. The storage, collection, transportation, disposal and reclamation of garbage, trash, rubbish, manure and other objectionable or regulated wastes other than as provided and authorized by applicable law or regulation.
      (9)   Illegal dumping. The accumulation, throwing, dumping, dropping of any litter, destructive or injurious material on public or private property which is not immediately removed.
      (10)   Public safety obstructions. All trees, hedges, billboards, or other obstructions which prevent people from having a clear view of all traffic approaching an intersection or constitute a danger to pedestrians or vehicles.
      (11)   Obstructions to traffic flow. Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks, or public grounds except under such conditions as are permitted by this chapter or other applicable law.
      (12)   Dangerous antennas. Radio aerials or television antennae erected or maintained in a dangerous manner.
      (13)   Dangerous signs. All hanging signs, awnings, banners and other similar structures over streets and sidewalks, or so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance.
      (14)   Dangerous machinery. All easily accessible, dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public.
      (15)   Discarded machinery. Accumulations of discarded or dilapidated machinery, household appliances, automobile parts, or other material in a manner that annoys, injures, or endangers the safety, health, comfort, or repose of the community from such accumulations.
      (16)   Dangerous excavations. Any well, hole, or similar excavation which is left uncovered or in such other condition as to constitute a hazard to persons coming on the premises where it is located.
      (17)   Obstructions to waterways. Obstructions to the free flow of water in a natural waterway or public street drain, gutter or ditch with trash or other materials.
      (18)   Inoperable motor vehicles. Any vehicle or motor vehicle that cannot be legally operated, that is disassembled, dismantled, or partially dismantled, that is incapable of being propelled under its own power, or that is not currently licensed or able to be licensed, and is kept or allowed to remain upon any property in the city in such a manner so as to be visible from beyond the boundary of the lot. This provision shall not apply to any inoperable vehicle stored on private property within the city if the vehicle:
         (a)   Is lawfully enclosed within a structure;
         (b)   Is completely covered with an opaque car cover specifically designed and sold for such use;
         (c)   Is a vehicle registered and licensed to a resident of the property and is undergoing repair, and that the total period during which the vehicle is inoperable did not exceed 15 days;
         (d)   Is completely enclosed by any fence, wall or barrier, not less than five feet in height, constructed of opaque materials without openings, holes or gaps other than gates or doors which shall also be constructed of opaque material. If the inoperable vehicle is located in the rear yard of the property then the fence, wall or barrier need not be constructed of opaque material as long as said vehicle is completely covered by an opaque car cover specifically designed and sold for such use; or
         (e)   Is a legally established use on such property.
      (19)   Defective signs. Any sign that endangers the public safety, such as materially dangerous, electrically or structurally defective sign, or an abandoned sign.
      (20)   Construction debris. Failure to remove and dispose of construction debris within 30 days of its generation, by means other than city-owned containers.
      (21)   Air pollution. Dense smoke, noxious vapors, gas, soot or cinders in unreasonable quantities.
      (22)   Irrigation overflow. Irrigation overflow into rights-of-way that poses a public safety hazard.
      (23)   Other nuisances. Other acts that interfere with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
   RESPONSIBLE PARTIES. Property owners and other persons responsible for the actual creation of the public nuisance or by allowing or directing activities on private or public owned property that lead to one of the above nuisances.
('80 Code, § 11.5-40) (Ord. O95-005, passed 3-16-95; Ord. O96-82, passed 8-28-96)
§ 134-02 Liability for Public Nuisances; Mitigative Actions by Responsible Parties.
   (A)   When a public nuisance is created, the responsible party (RP) will be issued a notice to comply and given one week in which to eliminate the nuisance at their own expense. If corrective action is not taken within one week, the responsible party will be prosecuted in accordance with § 134-99 of this chapter. For nuisances that pose an immediate threat to the community's health or safety, the RP will be required to correct the nuisance immediately. If the city finds it necessary to take steps to correct the nuisance, it will bill the RP for all costs incurred.
   (B)   If corrective action required is complex or extensive, additional time may be authorized by the enforcement authority to allow the responsible party a reasonable opportunity to comply.
   (C)   If a public nuisance is created and the RP cannot be determined, the owner of the property will be held responsible for corrective measures and costs.
   (D)   A person who is a responsible party shall be strictly, jointly, and severally liable for such reasonable abatement costs as may be incurred if elimination of the nuisance is not completed within the specified time and the city will take action on its own to eliminate the nuisance.
   (E)   An action brought by the city to recover abatement costs required by paragraph (D) of this section from a responsible party shall be initiated within one year of the completion of the compliance activities.
   (F)   All abatement costs shall be paid within 30 days from receipt of the abatement costs invoice. The city may extend the time for payment or provide for installment payments if, based upon the judgement of the city, payment within 30 days would place an undue economic hardship on the violator.
   (G)   If an assessment made in accordance with the provisions of this chapter is not paid as provided, it shall be recorded in the office of the County Recorder. From the date of its recording, it shall be a lien on said lot or tract of land assessed hereunder, and the several amounts assessed against such lot or tract of land until paid.
   (H)   Nothing in this section shall prevent the city from taking other enforcement actions as provided in this chapter.
('80 Code, § 11.5-41) (Ord. O95-005, passed 3-16-95; Ord. O96-82, passed 8-28-96; Ord. 02001-01, passed 1-3-01) Penalty, see 134-99
§ 134-03 Administrative Review Process.
   (A)   The enforcing authority's department director will act as the hearing officer and will be responsible for reviewing all requests from parties contesting corrective measures.
   (B)   Responsible parties may object to corrective measures intended by the city by filing written notice to the hearing officer within 72 hours of receipt of the notice to comply.
   (C)   The hearing officer, upon receipt of the request for review, shall notify those concerned to defer enforcement action unless there is a danger to the public's health or safety until the outcome of the review is determined. The hearing officer may use any resources available for the purposes of obtaining information necessary to determine whether appropriate corrective measures were selected. The responsible party shall promptly supply to the hearing officer any additional information necessary to fully and completely review the issues. At the conclusion of the review, the hearing officer shall notify the responsible party and the enforcement authority of his findings within ten working days. Corrective measures must commence within 24 hours of this notification.
('80 Code, § 11.5-42) (Ord. O95-005, passed 3-16-95)
§ 134-04 Selection of Corrective Measures.
   (A)   Corrective measures will be selected by the citing official after considering the following factors:
      (1)   Community, welfare and environmental concerns at risk.
      (2)   Proximity to valuable natural resources such as waters of the state or the United States.
      (3)   Accessibility to the nuisance site by persons and equipment.
      (4)   Quantity, concentration and properties of the hazardous substances present.
      (5)   The practicality and cost-effectiveness of corrective measures applicable to a site.
      (6)   The ability of the responsible party to pay abatement costs or reimburse the city if it has to clean up the site.
      (7)   Availability of other federal, state, or county enforcement authorities such as the Arizona Department of Environmental Quality or the Environmental Protection Agency to take the necessary action.
   (B)   The citing enforcement authority will consult with other members listed in § 134-06 and the city's Environmental Program Coordinator in cases where the materials present might require special handling.
('80 Code, § 11.5-43) (Ord. O95-005, passed 3-16-95; Ord. O96-82, passed 8-28-96; Ord. O2013-32, passed 6-19-13)
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