HomeMy WebLinkAbout1998-02
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BK 3189 PG 770 FEE:::98066737
EXHIBIT "A"
MOHA VE COUNTY ORDINANCE NO. 98-02
AN ORDINANCE ADOPTED PURSUANT TO A.R.S. ~ 11-268, REQUIRING AN OWNER,
LESSEE OR OCCUPANT OF REAL PROPERTY IN MOHAVE COUNTY TO REMOVE
RUBBISH, TRASH, WEEDS, FIL TH,DEBRIS OR DILAPIDATED BUILDINGS CONSTITUTING
A PUBLIC NUISANCE; PRESCRIBING THE PROCEDURE FOR NOTICE AND APPEAL;
PROVIDING FOR THE REMOVAL THEREOF BY THE COUNTY OR THEIR AUTHORIZED
AGENT AND THE ASSESSMENT OF THE COST THEREOF AS A LIEN AGAINST THE
PROPERTY IN THE EVENT OF NON-COMPLIANCE; AND PRESCRIBING A PENALTY FOR
THE PLACEMENT OF SUCH MATERIALS ON THE PROPERTY OF ANOTHER.
PART I: DEFINITIONS.
As used herein, capitalized terms shall have the following meanings:
1. "Authorized Aeent" means an aeencv. or a district that is a political subdivision ofthe state,
and is authorized bv Mohave County to abate a public nuisance as defined in this ordinance.
Specifically. it encompasses authorized fire districts. who have properly enacted the Uniform
Fire Code.
2.1. "Board" means the Mohave County Board of Supervisors.
3.2. "Building" means any Real Property structure, movable or immovable, permanent or temporary,
vacant or occupied, used (or of a type customarily used) for human lodging or business purposes,
or where livestock, produce, or personal or business property is located, stored or used.
13. "Contiguous Sidewalks, Streets and Alleys" means any sidewalk, street or alley, public or private,
adjacent to the edge or boundary, or touching on the edge or boundary of any Real Property.
~4. "County" means the unincorporated areas ofMohave County.
fi5. "Dilapidated Building" means any Building in such disrepair, or damaged to such an extent that
its strength or stability is substantially less than a new Building, or that is likely to bum or collapse,
and the condition of which endangers the life, health, safety or property of the public.
16. "Grounds" means any private or public land, vacant or improved.
.8.7. "Lessee" means a person who has the right to possess Real Property pursuant to a lease, rental
agreement or similar instrument.
28. "Lots" means any plot or quantity of land, vacant or improved, private or public, as surveyed,
platted or apportioned for sale or any other purpose.
109. "Occupant" means a person who has the actual use, possession or control of Real Property. This
term does not include any corporation or association operating or maintaining rights-of-way for and
on behalf of the United States government, either under contract or federal law.
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1110. "Owner" means a person who is a record owner of Real Property as shown in the public records
in the office of the Mohave County Recorder, and includes a person holding equitable title under a
recorded installment sales contract, contract for deed or similar instrument.
1211. "Person" means an individual, partnership, corporation, limited liability company, association,
trust, state, municipality,political subdivision, or any other entity that is legally capable of owning,
leasing or otherwise possessing Real Property.
1312. "Public Nuisance" means a Dilapidated Building or an accumulation of rubbish,trash, weeds, filth
or debris that constitutes a hazard to the public health and safety as determined by the Mohave
County Planning & Zoning Department, or the Department of Health & Social Services, or other
department, agency or fire district with jurisdiction over the condition.
1413. "Real Property" means Buildings, Grounds, or Lots, as well as Contiguous Sidewalks, Streets and
Alleys, located in the County.
1514. "Weeds" mean all vegetation of any sort growing on streets, sidewalks, or private property in the
unincorporated County, including any fire district and includes any of the following:
a. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to
become, when dry, a fire menace to adjacent improved property.
b. Weeds which are otherwise noxious or dangerous.
c. Dry grass, stubble, brush, litter, or other flammable material which endangers the public
safety by creating a fire hazard in an urban or suburban area of the unincorporated County.
PART II: CONDITIONS AND DEFECTS FOR USE IN DETERMINATION OF DILAPIDATED
BUILDINGS
For the purpose of this ordinance,any building or structure which has any or all of the conditions or defects
hereinafter described shall be deemed to be a dilapidated building,provided that such conditions or defects
exist to the extent that the life,health, property or safety of the public or its occupants are endangered.
The determination that a building or structure is dilapidated shall be made by the Chief Building Official
or his authorized representative, including but not limited to the health officer,the fire chief, and the zoning
manager who are hereby authorized to make such inspections and take such actions as may be required to
enforce provisions of this ordinance.
1. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so
warped,worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in
case of fire or panic.
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other
cause,to such an extent that the structural strength or stability thereof is materially less than it was
before such catastrophe and is materially less than the minimum required for new buildings of
similar structure, purpose or location.
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3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property.
4. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls
or other structural portions have materially less resistance to winds or earthquakes than is required
in the case of similar new construction.
5. Whenever the building or structure, or any portion thereof, because of(i) dilapidation, deterioration
or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the
ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or
inadequacy of its foundation; or(v) any other cause, is likely to partially or completely collapse.
6. Whenever, for any reason,the building or structure, or any portion thereof, is manifestly unsafe for
the purpose for which it is being used.
7. Whenever the exterior walls or other vertical structural members list,lean or buckle to such an extent
that a plumb line passing through the center of gravity does not fall inside the middle one third of
the base.
8. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has
become so dilapidated or deteriorated as to become(i)an attractive nuisance to children; (ii)a harbor
for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the
purpose of committing unlawful or immoral acts.
9. Whenever any building or structure has been constructed, exists or is maintained in violation of any
specific requirement or prohibition applicable to such building or structure provided by the zoning
regulations of this jurisdiction, or of any law or ordinance of this state or jurisdiction relating to the
condition, location or structure of buildings.
10. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance,dilapidation,decay,damage,faulty construction or arrangement,inadequate
light, air or sanitation facilities, or otherwise, is determined by an agent of the Environmental Health
Department or the Chief Building Official or his designee to be unsanitary, unfit for human
habitation or in such a condition that is likely to cause sickness or disease.
11. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas
connections or heating apparatus, or other cause, is determined by the Fire Chief or the Chief
Building Official or his designee to be a fire hazard.
12. Whenever any building or structure is in such a condition as to constitute a public nuisance under
the common law or in equity jurisprudence.
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13. Whenever any portion of a building or structure remains on a site after the demolition or destruction
of the building or structure or whenever any building or structure is abandoned for a period in excess
of six(6)months so as to constitute such building or portion thereof an attractive nuisance or hazard
to the public.
PART III: REMOVAL OF PUBLIC NUISANCE BY OWNER, LESSEE OR OCCUPANT;
REMOVAL BY COUNTY; ASSESSMENT OF COSTS; RECORDATION AND PRIORITY OF
LIEN.
A. Duty to Remove. The Owner,Lessee or Occupant of Real Property shall remove or otherwise abate
a Public Nuisance located thereon within thirty(30) calendar days after service of a Notice to Abate
as provided herein.
B. Notice to Abate. The Notice to Abate shall be served by the County Attorney on behalf of the
Board not less than thirty (30) calendar days before the date for compliance and shall include the
estimated cost of removal if the Owner, Lessee or Occupant does not comply. The estimated cost
may be provided by a qualified contractor or may be a good faith estimate by the department
initiating the Notice to Abate.
C. Service of Notice to Abate. The Notice to Abate shall either be personally served or mailed by
certified mail to the Owner,Lessee or Occupant at his or her last known address to which the tax bill
for the property was last mailed. If the Owner does not reside on the property, a duplicate notice
shall also be sent to the Owner at his or her last known address. The Notice shall be deemed as
served five (5) days after the notice is mailed. Notice shall be also posted on the property.
D. Appeal of Notice to Abate. Any Person receiving a Notice to Abate may appeal to the Board of
Supervisors as follows:
1. Notice of Appeal. A written Notice of Appeal shall be filed with the Clerk of the Board
within fifteen 15 days after the Notice to Abate was served or actually received by mail (as
evidenced by the certified mail receipt) as per Part III, Section C of this Ordinance.
2. Contents of Notice of Appeal. The Notice of Appeal shall state in reasonable detail why
the appellant should not be required to comply with the Notice to Abate.
3. Hearing on Appeal. Upon receipt of the Notice of Appeal,the Board shall place the matter
on the agenda for its next regular meeting. The department which initiated the Notice to
Abate shall appear and present evidence of the existence of the Public Nuisance. The
appellant may present evidence controverting the existence of the Public Nuisance. The
hearing shall be informal and without regard to the rules of procedure or evidence governing
court proceedings. The Board shall hear and decide the appeal, and its decision shall be
final.
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4. Extension of Time for Compliance. If the Board's decision is adverse to the appellant, the
date for compliance set forth in the Notice to Abate shall be extended by the number of days
elapsing between the filing of the Notice of Appeal and the rendering of the Board's
decision.
E. Removal by Board. If the Owner,Lessee or Occupant fails to remove or otherwise abate the Public
Nuisance within thirty (30) calendar days (or such extension thereof as may be granted in writing
by the Board or their authorized agent),the Board, or their authorized agent, may, at the expense of
the Owner, Lessee or Occupant, remove or abate the Public Nuisance or cause it to be removed or
abated;provided, however, that if such removal or abatement is not undertaken within one hundred
eighty (180) days after the right to do so first accrues, a new Notice to Abate shall be served as
provided in Paragraph III(C).
1. Cost of Removal. The cost of removal or abatement shall not exceed the estimate set forth
in the Notice to Abate. Before undertaking the actual removal or abatement, the department
which initiated.the Notice to Abate shall attempt to obtain at least three written estimates
from qualified contractors (if available locally) and shall accept the lowest such estimate.
Alternatively,the removal or abatement may be performed by Mohave County personnel or
Mohave County's authorized agent, and the cost shall be deemed to be the same as the
' '` ' ° ; - ; • • • - - cost of abatement, and three written
estimates are not required.
a. Dilapidated Buildings. Before the removal of a Dilapidated Building, the Board
shall consult with the state historic preservation officer to determine if the Building
may be of historical value. Upon the removal of a Dilapidated Building, the County
Assessor shall adjust the valuation of the Real Property on the property assessment
tax roll from the date of removal.
2. Assessment. Upon the removal or abatement of the Public Nuisance as provided in
Paragraph III(E)(l), the actual cost of removal or abatement incurred by Mohave County,
together with the actual costs of any additional inspections and other incidental costs, shall
be an Assessment against the Real Property on which the Public Nuisance was located. The
form of the Assessment(setting forth the facts supporting it, as well as the amount) shall be
approved by the Board and signed by the Chairman.
3. Notice of Assessment. A Notice of Assessment shall be served in the same manner as the
Notice to Abate. The Notice of Assessment may be appealed in the same manner as the
Notice to Abate.
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4. Recordation of Assessment. If the Owner, Lessee or Occupant fails to pay the Assessment
within thirty(30)calendar days after receipt of the Notice of Assessment (or any extension
as may be granted in writing by the Board or their authorized agent), the Assessment shall
be delinquent and may be recorded in the office of the Mohave County Recorder. The
Assessment shall be a lien against the Real Property from and after the date of recordation
and shall accrue interest at the statutory judgment rate until paid. The lien of the Assessment
shall be subject and inferior to the lien for general taxes and all prior recorded mortgages and
encumbrances.
a. Foreclosure. The Board may, but shall not be obligated to, bring an action to
enforce the Assessment lien in the Mohave County Superior Court at any time after
the recordation of the Assessment. The recorded Assessment is prima facie evidence
of the truth of all matters recited therein and of the regularity of all proceedings
before the recordation thereof.
5. No Bar to Subsequent Assessments. A prior Assessment under this Ordinance is no bar
to a subsequent Assessment, and any number of liens on the same Real Property may be
enforced in the same action.
PART IV: PLACING RUBBISH,TRASH,FILTH OR DEBRIS ON PROPERTY OF ANOTHER;
PENALTY; ASSESSMENT.
A. Placing Rubbish,Trash,Filth or Debris on Property of Another is Prohibited. Any Person who
places rubbish,trash, filth or debris on any Real Property not owned by or under the control of said
Person is guilty of a Class 1 Misdemeanor.
B. Liability for Costs. In addition to any fine which may be imposed pursuant to Paragraph IV(A),
the Person shall be liable for all costs which may be assessed for the removal of the rubbish, trash,
filth or debris pursuant to Part III of this Ordinance.
PART V: NON-EXCLUSIVE REMEDY.
The remedies provided for in this Ordinance shall be in addition to any and all other remedies, civil or
criminal, available to Mohave County pursuant to statute or common law, specifically including, but not
limited to, those set forth in A.R.S. § 13-2908, 36-602 and 49-143.
RESOLUTION NO. 98-337 Page 2
BE IT FURTHER RESOLVED, that this resolution and ordinance will be in full force and
effective thirty (30) days from the date of approval of the Board of Supervisors.
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BK 3189 PG 776 FEE*98066737