Chapter 16.35
SLUM PROPERTY
Sections:
16.35.010 Slum property designation.
16.35.020 Service of notice to designate slum property.
16.35.030 Slum designation appeal.
16.35.010 Slum property designation.
A. If, after an inspection, the code official finds that a residential property meets the definition of slum property as outlined in this title and the Arizona State Statutes, the code official or designee may designate the property a slum property.
B. Written notice shall be given to the owner or owner’s statutory agent that such property has been designated a slum property and shall set forth:
1. The identification of the land where the violation(s) is located, by the street address, if known, and by book, map and parcel number.
2. A statement of the violation(s) in sufficient detail to allow a reasonable person to identify and correct the violation(s).
3. Except for an imminent hazard to life, health or public safety requiring emergency abatement, the owner shall be given 30 days from service of the notice of designation of slum property to correct the violation(s).
4. The name and phone number of the code official who sent the notice.
5. An explanation that the residential rental property is subject to state statutes, including the appointment of a temporary receiver, annual inspections and payment of inspection costs and penalties.
6. An explanation of the appeal process and specify the date by which any appeal must be filed.
C. The failure to timely appeal the designation of slum property as slum property shall be deemed an admission that the property is slum property.
D. If the violation(s) in the notice of designation of slum property is corrected within 30 days from the service of the notice, the town shall withdraw the designation of slum property. If the violation(s) in the notice of designation of slum property is not corrected within 30 days, the town may then record a notice of designation of slum property in the Cochise County recorder’s office. (Ord. 19-16 § 2, 2019)
16.35.020 Service of notice to designate slum property.
A. The notice to designate slum property shall be served by any of the following methods:
1. By hand delivering a copy of the notice to the owner or owner’s statutory agent; or
2. By mailing a copy of the notice to the owner at the last known address or at the address to which the tax bill for the land was last mailed; or
3. By mailing a copy of the notice to the owner’s statutory agent.
B. The notice to designate slum property is deemed served on the date it is hand delivered or, if mailed, on the date it is deposited in the United States mail. (Ord. 19-16 § 2, 2019)
16.35.030 Slum designation appeal.
Within 10 working days from the date of the notice of slum designation, the property owner of property designated to be slum property may file with the town clerk a written appeal to the board of adjustment from such designation. The failure to timely appeal the designation of slum property as slum property shall be deemed an admission that the property is slum property.
A. The appeal shall clearly show the street address (if known) and the parcel identification number of the property, the date the notice of slum property designation was issued and the reason for the appeal.
B. The board of adjustment shall, at its next regularly scheduled meeting after receiving the appeal, but no later than 60 days, hear and determine the same and the decision of the board of adjustment shall be final.
C. If no appeal is taken or if the board of adjustment affirms the designation of the property as a slum property, the town may proceed with all inspections and enforcement, charges and other remedies provided by law for slum properties. (Ord. 19-16 § 2, 2019)
16.35.040 Remedies.
A. If the violations outlined in the notice of designation of slum property are corrected within 30 days from the service of the notice, the town shall withdraw the designation of slum property.
B. If the violations are not corrected, the town may then record a notice of designation of slum property with the Cochise County recorder’s office. A recorded notice shall run with the land. Failure to record a notice shall not affect the validity of the notice as to the persons who receive the notice.
C. In addition to other remedies provided in this title for the abatement of slum property, the code official is authorized to seek the appointment of a temporary receiver and recover costs associated with such appointment, including the filing of liens as provided by law.
D. In addition to any other remedy providing for recovery of costs either by law or otherwise specified by this title or elsewhere in the Huachuca City Municipal Code, the code official is authorized to file costs as provided by law associated with inspections of slum properties in accordance with ARS Section 33-1904 or its successor sections in the Cochise County recorder’s office and, upon such filing, such costs shall be a lien on the property. (Ord. 19-16 § 2, 2019)