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Article 9-4
REMOVAL OF LITTERSections:
9-4-1 Litter on Private Property
9-4-2 Owner to Maintain Premises
9-4-3 Procedure to Compel Removal of Litter
9-4-4 Notice to Remove
9-4-5 Service of Notice
9-4-6 Appeal to Council
9-4-7 Removal by Town
9-4-8 Lien for Removal
9-4-9 Placement of Debris
9-4-1 Litter on Private Property
No person shall throw or deposit litter on any occupied or unoccupied private property within the town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any public place.
9-4-2 Owner to Maintain Premises
The owner or person in control of any private property shall at all times maintain the premises free of litter, provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
9-4-3 Procedure to Compel Removal of Litter
The chief of police shall enforce the provisions of Sections 9-4-1 and 9-4-2 by prosecuting violators of said sections in the town magistrate’s court pursuant to the penalty 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 chief of police shall compel the removal of litter by the procedure outlined in Sections 9-4-4 through 9-4-8 hereof.
9-4-4 Notice to Remove
To compel the removal of litter through the provisions of this section and of Sections 9-4-5 through 9-4-8 hereof, if a person owning or controlling any property fails, neglects or refuses to remove or properly dispose of litter, located on property owned or controlled by such person, he shall be given written notice by the chief of police to remove all litter from such property within thirty days from the date the notice was received by him. Such notice shall contain an estimate of the cost of removal by the town, a statement that unless the person owning or controlling such property complies therewith within thirty days from the date such written notice is received that the town will, at the expense of the person owning or controlling said property, 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 thirty days from the date the notice is received by him.
9-4-5 Service of Notice
Notice shall be personally served on the owner or person controlling such property, by a police officer 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 property 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 to him by certified or registered mail at his last known address.
9-4-6 Appeal to Council
Prior to the date set for removal, the owner or person controlling such property may appeal in writing to the council from the demand of the chief of police. The council shall, at its next regular meeting 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 chief of police or modify the scope of the work as required in the notice.
9-4-7 Removal by Town
When any such person to whom notice, as aforesaid, has been given, and on or before the required date of removal, or within such further time as may have been granted by the council on appeal, fails, neglects or refuses to move from such property any or all litter, the chief of police is authorized and directed to cause same to be removed and disposed of at the expense of the owner or person controlling such property. Upon completion of the work, the chief of police 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 Section 9-4-5. The owner or person controlling such property shall have thirty days from the date of service upon him 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 chief of police within such thirty day period, then the amount of the assessment as determined by the chief of police 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.
9-4-8 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 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 section shall not be a bar to a subsequent assessment or assessments for such purposes, and any number of liens on the same lot or tract of land may be enforced in the same action.
9-4-9 Placement of Debris
It is unlawful for any person to place any rubbish, trash, filth or debris upon any private or public property not owned or under the control of said person. In addition to any fine which may be imposed for violation of any provision of this section, such person shall be liable for all costs which may be assessed pursuant to this article for the removal of said rubbish, trash, filth or debris.
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