ARTICLE 10-5:
Enforcement

Section

10-5-1    Enforcement, penalties

10-5-2    Compliance, notice

10-5-3    Appeal

10-5-4    Abatement by City

10-5-5    Lien

10-5-6    Notice of foreclosure

Prior legislation: Prior Code, § 10-7-6.

10-5-1 ENFORCEMENT, PENALTIES.

(A) Enforcement official. Law Enforcement, Code Enforcement and the Public Works Department Sanitation Inspector shall have the authority and responsibility for enforcement and compliance with this chapter.

(B) No oversight or dereliction of duties by any person assigned to enforce the provisions of this chapter shall legalize, allow, or excuse a violation of this chapter.

(C) All violations are subject to criminal and civil penalties and enforcement provisions, including abatement and liens, pursuant to this chapter, Article 1-8 and Article 18-1.

(D) Each day any violation of any provision of this code or any ordinance incorporated herein, or the failure to perform any act or duty required by this code or ordinance incorporated herein, continues shall constitute a separate offense.

(Prior Code, § 10-4-11) (Am. Ord. 2000-686, passed 11-14-2000; Am. Ord. 11-1232, passed 1-24-2011. Formerly 10-4-11)

10-5-2 COMPLIANCE, NOTICE.

(A) When there has been a violation of this chapter, the Enforcement Official addressing that violation may cause to be prepared and served a Notice of Violation and Order to comply to the property owner, the beneficiary of a deed of trust, the owner’s authorized agent, or the owner’s statutory agent and the occupant or lessee. If the violation has occurred on public property, the notice shall be served to the person responsible for the violation.

(B) Service. Notice shall be served either by personal service or by certified mail. If notice is served by certified mail, the notice shall be mailed to the last known address of the owner, the owner’s authorized agent or the owner’s statutory agent and to the address to which the tax bill for the property was last mailed. The notice shall be given not less than 30 days before the day set for compliance. The City may record the notice in the county recorder’s office in the county in which the property is located. If the notice is recorded and compliance with the notice is subsequently satisfied, the City shall record a release of the notice.

(C) If the violation has occurred on public property, the notice shall be served to the person responsible for the violation by personal service or certified mail to their last known address.

(D) The notice and order referred to herein shall contain the following information:

(1) A date by which corrective action must be taken by the person(s) to whom the notice is directed. The date for compliance shall be consistent with law, but not less than 30 business days after service of the notice;

(2) The legal description of the property;

(3) A description of the violation for which the notice is given;

(4) The manner in which the violation may be corrected;

(5) The cost of removing the violation if done by the City, should the owner not comply. The cost may include the actual costs of any additional inspection and other incidental connected costs;

(6) A statement that, unless the person(s) to whom this notice is directed complies with correcting the identified violation within the time specified for correction, the City will abate the violation and charge the cost of abatement to the person(s) to whom this notice is directed; provided, however, such expense shall not exceed the amount of the estimate provided in the notice; and

(7) The process to appeal from the demand in the notice.

(E) In the event the property owner fails to pay the cost of abatement, the City may record a lien on the real property identified in the Notice of Violation. Unpaid sums are a lien on the property from the date of recording in the office of the County Recorder in Maricopa County, Arizona, until the fees and all costs are paid as provided by law.

(F) Nothing in this chapter shall be construed to preclude the City from pursuing the matter civilly and/or criminally.

(Prior Code, §§ 10-4-4 – 10-4-6) (Am. Ord. 92-456, passed 2-25-1992; Am. Ord. 2000-686, passed 11-14-2000; Am. Ord. 11-1232, passed 1-24-2011. Formerly 10-4-4 – 10-4-6)

10-5-3 APPEAL.

On or prior to the date set for compliance on the notice, the owner or person controlling such property may appeal in writing from the demand by submitting a request for a hearing to the City Manager. The City Manager may affirm, reverse or modify the compliance requirements set forth in the notice.

(Prior Code, § 10-4-7) (Am. Ord. 93-488, passed 7-27-1993; Am. Ord. 11-1232, passed 1-24-2011. Formerly 10-4-7)

10-5-4 ABATEMENT BY CITY.

(A) The Enforcement Official may cause the condition identified in the notice to be abated at the expense of the owner and/or person controlling the property or when deposited on or in a public place at the expense of the person depositing the litter therein or thereon, when the person served with the notice to comply fails, neglects or refuses to comply with the demand identified in the notice by the date identified in the notice.

(B) Upon completion of the work, the Enforcement Official shall prepare a statement of account of the actual cost of abatement, the date the work was completed, the street address on which said work was done, including 5%, or such additional amount as may hereafter be provided by law, of the actual cost for additional inspection and other incidental costs in connection therewith, and shall serve a copy of such statement upon the person(s) owning or controlling such property, or in the case of a person placing litter in or on a public place, the person placing the litter therein or thereon in the manner prescribed in this chapter. The statement of account shall include notice that a lien may be filed on the abated property if the outstanding balance is not paid in 30 days from the date of service. Failure to comply with this notice of lien provision will not preclude the placing of the lien so long as 30 days advance notice that a lien may be filed is provided prior to the filing of a lien.

(C) The person to whom the statement is given shall have 30 days from the date of service to appeal in writing to the City Manager from the abatement fees as contained in the verified statement. If an appeal is not filed with the Clerk within the 30 day period, the abatement fees shall become final and binding. If an appeal is taken, the City Manager shall hear and determine the appeal and may affirm the amount of the assessment, modify the amount thereof or determine that no assessment shall be made. The decision of the City Manager shall be final and binding on all persons.

(D) An assessment that is past due accrues interest at the rate prescribed in A.R.S. § 44-1201.

(Prior Code, § 10-4-8) (Am. Ord. 93-486, passed 5-11-1993; Am. Ord. 2000-686, passed 11-14-2000; Am. Ord. 11-1232, passed 1-24-2011. Formerly 10-4-8)

10-5-5 LIEN.

(A) If no appeal as provided in this chapter is taken from the amount of assessment, or if an appeal is taken and the City Manager has affirmed or modified the amount of the assessment, the original assessment or the assessment as modified shall be recorded in the office of the county recorder in the county in which the property is located and, from the date of its recording, shall be a lien on the lot or tract of land until paid. The lien obtained under the provisions of this article may be foreclosed in any manner allowed by law. The recorded fees 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.

(B) A prior assessment for the purposes provided in this section 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. The persons against whom the lien is foreclosed shall have the same rights of redemption as provided anyone in the judicial foreclosure or a real estate mortgage in the state.

(Prior Code, § 10-4-9) (Am. Ord. 92-456, passed 2-25-1992; Am. Ord. 2000-686, passed 11-14-2000; Am. Ord. 11-1232, passed 1-24-2011. Formerly 10-4-9)

10-5-6 NOTICE OF FORECLOSURE.

(A) The City has the discretion to inspect the exterior of any residential property for which it receives notice of pending foreclosure pursuant to A.R.S. § 33-809 and send notice pursuant to this article to the beneficiary of the deed of trust to remove rubbish, trash, weeds or other accumulation of filth, debris or dilapidated structures that constitute a hazard to public health and safety from buildings, grounds and lots of the trust property.

(B) The trustee shall pay all assessments levied pursuant to this article against the trust property and, on recordation of a release of assessment lien by the City, the beneficiary may proceed with a notice of sale pursuant to A.R.S. § 33-809.

(C) The City waives its authority to order any removal against the beneficiary pursuant to this section, if it fails to send the notice to the beneficiary within 90 days after receiving the notice of pending foreclosure.

(Ord. 11-1232, passed 1-24-2011)