HomeMy WebLinkAboutResolution 2013-082 declaring a public record amendments to town code chapter 10-2 related to maintenance of propertyMARANA RESOLUTION NO. 2013-082
RELATING TO HEALTH AND SANITATION; DECLARING AS A PUBLIC RECORD
FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE
N0.2013.017 TO MARANA TOWN CODE CHAPTER 10-2 "MAINTENANCE OF
PROPERTY;" AMENDING CHAPTER 10-2 TO ADD NEW SECTION 10-2-4 PROHIBITING
DILAPIDATED BUILDINGS; AMENDING SECTION 10-2-1 TO ADD DEFINITION OF
DILAPIDATED BUILDING; MODIFYING RELATED PROVISIONS; AND DESIGNATING
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to the Marana Town Code Chapter 10-2
"Maintenance of Property," a copy of which is attached to and incorporated in this resolution as
Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby
declared to be a public record and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6 day of August, 2013.
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Mayor Ed onea
ATTES :
Jocelyn . Bronson, Town Clerk
Marana Resolution 2013-082
EXHIBIT A TO MARANA RESOL UTION NO. 2013-082
Amendments to the Marana Town Code, Title 10 "Health and Sanitation, " Chapter 10-2
"Maintenance of property " pursuant to Marana Ordinance No. 2013. 017
SECTION 1. Section 10-2-1 of the Marana Town Code is hereby revised as follows with
added text shown with double underlinin� and deletions shown with st�e-e��:
10-2-1 Definitions
The following definitions shall apply throughout this chapter unless the
context clearly indicates otherwise.
A. "Dilavidated building" means an ��real �ro�ertv structure that is likelv
to burn or collanse and its condition endangers the life, health, safetv or
�ro�er . of the �ublic.
B. �"Owner" means, as applied to property, any part owner or joint
owner.
C. �"Property" means buildings, grounds, lots and tracts of land.
D. �"Refuse" means any rubbish, trash, filth or debris which constitutes
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, vehicle parts 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.
E. �"Weeds" includes, but is not limited to, untended or uncultivated
plants, invasive plants, aggressively seeding plants, Russian thistle,
ragweed, plants generally accepted as having no value and frequently
of uncontrolled growth.
SECTION 2. New section 10-2-4 entitled "Dilapidated buildings prohibited;
classification; enforcemenY' is hereby added to the Marana Town Code as follows and the
sections that follow are renumbered to conform:
10-2-4 Dilapidated buildings prohibited; classification; enforcement
A. Each owner, lessee, tenant, resident or occupant shall maintain a
property so that it is free of dilapidated buildings. Dilapidated building
means any real property struciure that is likely to burn or collapse and
its condition endangers the life, health, safety or property of the public,
and includes but is not limited to a building that is abandoned,
inadequately maintained, in disrepair, neglected, vandalized,
constructed in a faulty manner, not of sufficient strength or stability,
not anchored, attached or fastened in place to an adequate supporting
foundation, unsecured or in a state of deterioration.
Ea�hibit A to Resolution 2013-082 - 1- 8/6/2013 2:14 PM
EXHIBIT A TO MARANA RESOL UTION NO. 2013-082
Amendments to the Marana Town Code, Title 10 "Health and Sanitation, " Chapter 10-2
"Maintenance of property " pursuant to Marana Ordinance No. 2013. 017
B. Violation of this section is a civil infraction and shall be enforced
pursuant to chapter 5-7 of this code.
SECTION 3. Existing section 10-2-4 of the Marana Town Code (renumbered as section
10-2-5 by section 2 of this ordinance), is hereby revised as follows with added text shown with
double underlinin� and deletions shown with s�=i1�+�-��:
10-2-5 �-4 Notice to compel removal of refuse, vegetation�e� weeds or
dilavidated buildin�s
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A. If enforcement pursuant to chapter 5-7 of this code fails to secure
compliance with the provisions of this chapter, or if the town is unable
to pursue enforcement pursuant to chapter 5-7 by reason of failure to
secure jurisdiction over the owner, lessee, tenant, resident or occupant
of the property in question, the town shall provide notice to compel
the removal of refuse, vegetation e�weeds or dila�idated buildings by
the procedures set forth in this secdon.
B. The town shall provide written notice of a violation of this chapter to
the owner of the property, the owner's authorized agent or the owner's
statutory agent, and to the occupant or lessee of the property, if any.
The notice shall be served by personal service or by certified mail. If
the notice is served by certified mail, it 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.
C. T'he notice shall include all of the following:
1. A description of the violation;
2. A legal description of the property;
3. A date by which the owner, occupant or lessee must come into
compliance with this chapter, which date shall be not less than 30
days from the date of service of the notice;
4. A statement that if any person with an interest in the property,
including an owner, lienholder, lessee or occupant, fails to comply
with this chapter by the date set for compliance, the town will
remove the refuse, vegetation e�-weeds or dila�idated buildines
and assess all costs for removal against the property;
Eachibit A to Resolution 2013-082 - 2- 8/6/2013 2:14 PM
EXHIBIT A TO MARANA RESOL UTION NO. 2013-082
Amendments to the Marana Town Code, Title 10 "Health and Sanitation, " Chapter 10-2
"Maintenance of property " pursuant to Marana Orddnance No. 2013. 017
5. A statement of the cost to the town for removal of the refuse,
vegetation� e�weeds or dilapidated buildin�s should the owner,
occupant or lessee fail to comply with the notice; and
6. A description of the ownex's, occupant's or lessee's right to appeal
the notice, as provided in this chapter.
SECTION 4. Existing section 10-2-5 of the Marana Town Code (renumbered as section
10-2-6 by section 2 of this ordinance), is hereby revised as follows with added text shown with
double underlinine and deletions shown with st�lce-e�-te�:
10-2-6 �8-�-5 Appeal
A. Within ten business days after the owner s, occupant's or lessee's
receipt of the notice described in section �A-�-�10-2-5, the owner,
occupant or lessee may file a written response and request for an
appeal hearing with the town clerk.
B. Within seven business days after receipt of the owner's, occupant's or
lessee's request for appeal, the town shall either withdraw or modify
the notice or schedule an appeal hearing before the town council.
C. The owner, occupant or lessee shall be notified in writing by certified
mail of the date, time and location of the hearing.
D. The hearing shall be scheduled not less than 15 calendar days and no
more than 30 calendar days after receipt by the town clerk of the
request for hearing.
E. T'he hearing shall be conducted in an informal manner and the rules of
evidence shall not apply. The owner, occupant or lessee may be
represented by an attorney.
F. The council may affirm or withdraw the notice or modify the scope of
the work required by the notice. The decision of the council is final.
SECTION 5. Existing section 10-2-6 of the Marana Town Code (renumbered as section
10-2-7 by section 2 of this ordinance), is hereby revised as follows with added text shown with
double underlinine and deletions shown with °+r;'�° �„+ +°°*:
10-2-7 �-6 Removal by town; costs assessed; appeal; recording of
assessment
A. If the owner, occupant or lessee fails, neglects or refuses to comply with
the notice described in section �A-�-4-10-2-5 in a timely manner, the
town may remove, abate, enjoin or cause the removal of the refuse,
Exhibit A to Resolution 2013-082 - 3- 8/6/2013 2:14 PM
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EXHIBIT A TO MARANA RESOL UTION NO. 2013-082
Amendments to the Marana 7'own Code, Title 10 "Health and Sanitation, " Chapter IO-2
"Maintenance of property " pursuant to Marana Ordinance No. 2013. 017
vegetation� e�weeds or dila�idated buildin�s at the expense of the
owner, occupant or lessee.
B. Upon completion of the work, the town shall prepare a verified
statement of account of the actual cost of the removal or abatement,
including 5% for additional inspection and other incidental connected
costs, the date the work was completed, and the legal description of the
property on which the work was done, and shall serve a duplicate copy
of the verified statement upon the owner, occupant or lessee in the
manner described in paragraph B of section-�8�� 10-2-5.
C. Within ten business days after the owner s, occupant's or lessee's
receipt of the verified statement described in paragraph B of this
section, the owner, occupant or lessee may file a written response and
request for an appeal hearing with the town clerk.
D. Within seven business days after receipt of the owner s, occupant's or
lessee's request for appeal, the town shall either withdraw or modify
the verified statement or schedule an appeal hearing before the town
council. The provisions of paragraphs C, D and E of section �8-�-�
10-2-6 shall apply to any appeal hearing provided pursuant to this
section.
E. The council may affirm or modify the amount of the assessment or
determine that no assessment at all shall be made. The decision of the
council shall be final and binding on all persons.
F. If an appeal of the assessment of costs is not filed with the town clerk
within the time period provided for appeal, then the amount of the
assessment as determined by the town shall become final and binding.
G. 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, and if the owner, occupant or lessee of the property does
not pay the assessment within 14 calendar days after it becomes final,
the original or council-modified assessment shall be recorded in the
office of the county recorder and, from the date of its recording, shall be
a lien on the property until paid.
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Exhibit A to Resolution 2013-082 - 4- 8/6I2013 2:14 PM