A. The owner, lessee, or occupant of property is required to remove rubbish, trash, weeds, or other accumulation of filth, debris or dilapidated structures which constitute a hazard to public health and safety from buildings, grounds, lots, contiguous sidewalks, streets and alleys.

B. Written notice to remove shall be served on the owner, the owner’s authorized agent, lessee, or occupant of property, by certified mail or personal service, with a specific date to remove the rubbish, trash, weeds or other accumulation of filth, debris or dilapidated structures. The notice shall be given at least thirty (30) days before the date set for compliance. The notice shall include the legal description and street or mailing address of the property. It may also include a list of contractors or professional services available to abate the violation. The notice may be recorded in the County Recorder’s office. If compliance is subsequently satisfied after a lien has been filed, the Town shall record a release.

C. Should conditions exist that present a clear and immediate threat to health and safety, the notice shall be given at least ten (10) days prior to the date set for compliance. The notice shall include the legal description and street or mailing address of the property. It may also include a list of contractors or professional services available to abate the violation. The notice may be recorded in the County Recorder’s office. If compliance is subsequently satisfied after a lien has been filed, the Town will record a release.

D. If the owner, the owner’s authorized agent, lessee, or occupant of property does not remediate the violation and abate the condition that constitutes a hazard to public health and safety, the Town may remove, abate, and enjoin or cause their removal. The actual costs of removal, injunction, or abatement, including any additional inspection, associated legal costs, and other incidental connected costs, shall become an assessment upon the property, unless the owner, occupant, or lessee reimburses the Town for the costs of abatement within ten (10) days after receipt of notice of the amount due.

E. If the assessment is not paid, the assessment shall be recorded and enforced as a lien on the property as provided in A.R.S. § 9-499 (as amended). If the Town so elects, sale of the property to satisfy any assessment obtained pursuant to this section shall be made upon judgment of foreclosure and order of sale. All assessments shall run with the land.

F. It is a violation of this section to place any rubbish, trash, filth or debris upon any private or public property not owned or under the control of the person, firm, or corporation placing rubbish, trash, filth or debris. A violation shall be punishable under Article 1-6; any violation brought as a criminal misdemeanor offense shall be a Class 1 misdemeanor. In addition to any fine or penalty which may be imposed for a violation of any of the provisions of this section, the person, firm or corporation shall be liable for all costs which may be assessed for the removing, abating or enjoining the rubbish, trash, filth or debris.

G. The owner, the owner’s authorized agent, lessee, or occupant of property may appeal the notice to remove rubbish, trash, weeds, or other accumulation of filth, debris or dilapidated structures and the assessment to the Town Council or a board of citizens appointed by the Town Council unless the removal or abatement is ordered by a court. [Ordinance #412, 2021.]