Chapter 8.10
REMOVAL OF LITTER

Sections:

8.10.010    Definitions.

8.10.020    Litter on private premises or public place.

8.10.030    Owner to maintain premises.

8.10.040    Procedure to compel removal of litter.

8.10.050    Notice to remove.

8.10.060    Service of notice.

8.10.070    Appeal to council.

8.10.080    Removal by town.

8.10.090    Lien for removal.

8.10.010 Definitions.

In this chapter, unless the context otherwise requires:

A. “Litter” means any rubbish, trash, weeds, filth or debris which constitute a hazard to public health and safety and shall include all putrescible and nonputrescible solid wastes including garbage, trash, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial waste, any deposit, accumulation, pile or heap of brush, grass, debris, weeds, cans, cloth, paper, wood, rubbish or other unsightly or unsanitary matter of any kind whatsoever, and any growth of weeds, brush, grass or other vegetable growth to a height of over six inches.

B. “Private premises” means any dwelling, house, building or other structure, including those designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps or vestibules belonging or appurtenant to such dwelling, house, building or other structure.

C. “Public place” means any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings. [Prior code § 10-2-1.]

8.10.020 Litter on private premises or public place.

No person shall throw or deposit litter on any public place or private premises within the town, whether owned by such person or not, except that the owner or person in control of private premises may maintain authorized private receptacles for refuse in such a manner that litter will be prevented from being carried or deposited by the elements upon any public place. Any person violating the provisions of this section shall be liable for any costs assessed for removal of such litter. [Prior code § 10-2-2.]

8.10.030 Owner to maintain premises.

The owner or person in control of any private premises shall at all times maintain the premises free of litter; provided, that this section shall not prohibit the storage of refuse in suitable containers. [Prior code § 10-2-3.]

8.10.040 Procedure to compel removal of litter.

The town manager shall enforce the provisions of STC 8.10.020 and 8.10.030 by prosecuting violators in the Sahuarita municipal court pursuant to the provisions of this code. If such prosecution fails to secure compliance with the provisions of said sections, or in the event of inability to prosecute violators by reason of failure to secure jurisdiction over their persons, the manager shall compel the removal of litter by the procedure outlined in STC 8.10.050 through 8.10.090. [Prior code § 10-2-4.]

8.10.050 Notice to remove.

To compel the removal of litter through the provisions of this chapter, if a person owning or controlling any private premises fails, neglects or refuses to remove or properly dispose of litter located on private premises owned or controlled by such person, he or she shall be given written notice by the manager to remove all litter from such private premises within 30 days from the date set on the notice for compliance. Such notice shall be given not less than 30 days before the date set thereon for compliance and shall contain an estimate of the cost of removal by the town, a statement that unless the person owning or controlling such private premises complies therewith within 30 days from the date of compliance on such written notice, that the town will, at the expense of the person owning or controlling said private premises, perform the necessary work at a cost not to exceed the estimate given in the notice, and that such person may appeal in writing to the council within 30 days from the date of compliance on the notice. [Prior code § 10-2-5.]

8.10.060 Service of notice.

The notice to remove set forth in STC 8.10.050 shall be personally served on the owner or person controlling such private premises by any duly authorized official of the town in the manner provided in Rule 4(d) of the Arizona Rules of Civil Procedure, or mailed to the owner or person controlling such private premises at his last known address by certified or registered mail, or the address to which the tax bill for the property was last mailed. If the owner does not reside on such property, a duplicate notice shall also be sent by certified or registered mail at his or her last known address. [Prior code § 10-2-6.]

8.10.070 Appeal to council.

Prior to the date set for compliance on the notice to remove, the owner or person controlling such premises may appeal in writing to the council from the demand of the manager. The council shall, within 30 days after receiving the appeal, hear and determine the same and the decision of the council shall be final. The council may either affirm or reverse the decision of the manager or modify the scope of the work as required in the notice. No action shall be taken by the town until the council has heard and determined all matters contained in the notice of appeal. [Prior code § 10-2-7.]

8.10.080 Removal by town.

When any such person to whom a notice to remove has been given, and on or before the date of compliance on the notice or within such further time as may have been granted by the council on appeal, fails, neglects or refuses to move from such private premises any or all litter, the manager is authorized and directed to cause same to be removed and disposed of at the expense of the owner or person controlling such private premises. Upon completion of the work, the manager shall prepare a verified statement of account of the actual cost of such removal or abatement, the date the work was completed, and the street address and the legal description of the property on which said work was done, including five percent for additional inspection and other incidental costs in connection therewith, and shall serve a duplicate copy of such verified statement upon the person owning or controlling such property in the manner prescribed in STC 8.10.060. The owner or person controlling such private premises shall have 30 days from the date of service upon him or her to appeal in writing to the council from the amount of the assessment as contained in the verified statement. If an appeal is not filed with the clerk within such 30-day period, then the amount of the assessment as determined by the manager shall become final and binding. If an appeal is taken, the council shall, at its next regular meeting, hear and determine the appeal and may affirm the amount of the assessment, modify the amount thereof, or determine that no assessment at all shall be made. The decision of the council shall be final and binding on all persons. [Prior code § 10-2-8.]

8.10.090 Lien for removal.

If no appeal is taken from the amount of the assessment, or if an appeal is taken and the council has affirmed or modified the amount of the assessment, the original assessment or the assessment as so modified shall be recorded in the office of the county recorder and, from the date of its recording, shall be a lien on said lot or tract of land until paid. Such liens shall be subject to and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record. A sale of the property to satisfy a lien obtained under the provisions of this section shall be made upon judgment of foreclosure or order of sale. The town shall have the right to bring an action to enforce the lien in the superior court at any time after the recording of the assessment, but failure to enforce the lien by such action shall not affect its validity. 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. A prior assessment for the purposes provided in this chapter shall not be a bar to subsequent assessments for such purposes, and any number of liens on the same lot or tract of land may be enforced in the same action. [Prior code § 10-2-9.]