HomeMy WebLinkAboutOrd 1997-26 ORDINANCE 97-26
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN
CODE, CHAPTER 10, HEALTH AND SANITATION, ARTICLE 10-2,
LITTER; NUISANCES,SECTION 10-2-16,ABATEMENT OF NUISANCES,
AND SECTION 10-2-17, PENALTIES AND ARTICLE 10-4,REMOVAL OF
LITTER,SECTION 10-4-1,NOTICE TO REMOVE,AND SECTION 10-4-5,
LIEN FOR REMOVAL, TO COMPLY WITH STATE STATUTES.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS:
Section 1. That the Town Code, Chapter 10, Health and Sanitation, Article 10-2, Litter;
Nuisances, Section 10-2-16, Abatement of Nuisances, is hereby amended to read as follows:
Section 10-2-16 Abatement of Nuisances
Any public nuisance committed under this article may be abated in any manner provided by law
INCLUDING THE METHOD SET FORTH IN ARTICLE 10-4 OF THIS CODE.
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Section 2. That the Town Code, Chapter 10, Health and Sanitation, Article 10-2, Litter;
Nuisances, Section 10-2-17, Penalties, is hereby amended to read as follows:
Section 10-2-17 Penalties
Any person, whether as principal,owner, agent, tenant, employee or otherwise who MAINTAINS
A NUISANCE UPON ANY PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS,
violates any provision of this article, or fails to comply with any provision of this article, shall
be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided
in Article 1-8 of this code. The conviction of any person hereunder shall not relieve such person
from the responsibility to correct such violation, nor prevent the enforcement, correction or
removal thereof in any manner authorized by law. Every day that a nuisance is permitted to
exist, or caused to continue to exist under this article shall be deemed a separate violation.
Section 3. That the Town Code, Chapter 10, Health and Sanitation, Article 10-4, Removal
of Litter, Section 10-4-1, Notice to Remove, is hereby amended to read as follows:
Ordinance 97-26
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Section 10-4-1 Notice to Remove
To compel the removal of litter through the provisions of this section and of Sections 10-4-2
through 10-4-5, if a person owning and/or controlling any property fails, neglects or refuses to
remove or properly dispose of litter, located on property owned and/or controlled by such person,
both the owner of the property and the person who is in control of the property shall be given
written notice by the clerk to remove all litter from such property within ten-THIRTY (30) days
from the date the notice was received by the owner and/or person in control of the property, and
prior to the date of compliance on the notice. Such notice shall be received not less than tear
THIRTY (30) days before the date set thereon for compliance and shall contain an estimate of
the cost of removal by the town, a statement that unless the person owning and/or controlling
such property complies therewith within tee THIRTY (30) days from the date such written notice
is received that the town will, at the expense of both the person owning and the person
controlling said property, perform the necessary work at a cost not to exceed the estimate given
in the notice, and that the owner and/or the controller of the property may appeal in writing to
the clerk within Left THIRTY (30) days from the date the notice is received by him and prior to
the date of compliance.
Section 4. That the Town Code, Chapter 10, Health and Sanitation, Article 10-4, Removal
of Litter, Section 10-4-5, Lien for Removal, is hereby amended to read as follows:
L` Section 10-4-5 Lien for Removal
�r 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 subjeet-antl
inferior to the PRIOR AND SUPERIOR TO ALL OTHER LIENS, OBLIGATIONS,
MORTGAGES OR OTHER ENCUMBRANCES, EXCEPT lienS for general taxes. and to all
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.
tkirov Ordinance 97-26
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4111.0 PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills,
Arizona this 7th day of August, 1997.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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Jerry les, or Cassie B. Hansen, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
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Paul L. Nordin, Town Manager William E. Farrell, Town Attorney
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Ordinance 97-26
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