HomeMy WebLinkAboutOrd 2007-08 tkilw ORDINANCE NO.07-08
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 10, HEALTH AND SANITATION,
ARTICLE 10-2, Lii [ER; NUISANCES, SUBSECTIONS 10-2-2, 10-2-16 AND
10-2-17 RELATING TO EMERGENCY ABATEMENT OF NUISANCES
CREATED BY IMPROPERLY MAINTAINED POOLS, SPAS AND SIMILAR
WATER FEATURES; AND DECLARING AN EMERGENCY.
WHEREAS, the Mayor and Town Council (the "Town Council") of the Town of
Fountain Hills (the "Town") is empowered by Aiuz. REV. STAT. § 9-240 to (i) define, abate and
remove nuisances, and punish persons committing nuisances, (ii) provide for regulations to
prevent the introduction or spread of contagious, loathsome or infectious diseases within the
Town and (iii) perform other acts, and prescribe other regulations, which may be necessary or
expedient for the prevention and suppression of disease; and
WHEREAS, the Town has identified improperly maintained pools, spas and similar
water features as public nuisances within the corporate limits of the Town; and
WHEREAS, improperly maintained pools, spas and similar water features may create a
breading ground for mosquitoes and other insects that may carry infectious diseases, including
forms of the West Nile Virus, which diseases may cause harm to residents within the corporate
limits of the Town; and
WHEREAS, Maricopa County public health officials have indicated that the conditions
are right for an increase in the number of mosquitoes carrying the West Nile Virus; and
WHEREAS, the Town Council desires to take all steps necessary to allow the Town to
address improperly maintained pools, spas and similar water features to reduce the number of
places available for mosquitoes and other insects to breed.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the Fountain Hills Town Code, Chapter 10, Health and Sanitation,
Article 10-2, Litter; Nuisances, Section 10-2-2, Public Nuisances Defined, is hereby amended to
add a new subsection"Q" to read as follows:
Q. To allow any swimming or architectural pool, spa, pond, fountain or similar water
feature located on real property within the Town to remain or be maintained in a
condition that poses a health or safety hazard, harbors insect infestation or creates
a visible deteriorated or blighted appearance including, without limitation, a
stagnant or unfiltered condition.
(1110,
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SECTION 2. That the Fountain Hills Town Code, Chapter 10, Health and Sanitation,
Article 10-2, Litter; Nuisances, Section 10-2-16, Maintenance of Pools, Spas and Similar Water
Features, is hereby amended to add a new subsection "D" to read as follows:
D. Emergency Abatement.
1. For the purposes of this subsection, "imminent hazard" shall mean a
condition existing upon any real property, whether within or without a
building that, if left un-mitigated, would cause a reasonable person to
believe that such condition presents an immediate threat to life, health or
public safety.
2. If a condition exists that would cause a violation of Section 10-2-16 of this
chapter and such condition presents an imminent hazard to life, health or
public safety, the Town may initiate an emergency abatement procedure as
set forth below:
a. The Town shall notify, in writing, the owner, the owner's
authorized agent, the owner's statutory agent, an occupant or the
person responsible for the real property upon which the violation
exists to correct the violation within 24 hours of receipt of such
notice. The notice shall specify that, if the responsible party does
not correct the violation within 24 hours of receipt of the notice,
the Town may abate the violation and charge the cost of such
abatement, plus reasonable administrative costs, to the property
owner. Notice shall be deemed proper by any of the following
methods:
(1) By hand delivering a copy of the notice to the owner, the
owner's authorized agent, the owner's statutory agent, an
occupant, lessee and/or person responsible for the violation,
which notice shall be deemed given on the date that the
notice is so delivered.
(2) By mailing of a copy of the notice, via US Mail (certified,
return receipt requested) to the owner, the owner's
authorized agent, the owner's statutory agent, an occupant,
lessee and/or person responsible for the violation at the last
known address, which notice shall be deemed given three
days after such notice is deposited in the US Mail.
(3) By prominently posting a copy of the notice on the
property, which notice is deemed given on the date of such
posting.
b. The Town Manager or authorized designee may, at any time after
the condition creating the imminent hazard has been identified, and
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kirw only after attempting to make contact with the occupants of the
real property upon which the imminent hazard exists, enter upon
the real property for the sole purpose of placing devices or
chemicals to prevent insect breeding until such time as the
imminent hazard may be fully abated.
3. When any such person to whom notice, as aforesaid, has been given, and
on or before the date of compliance on the notice, fails, neglects or refuses
to abate from such property the condition causing the imminent hazard,
the Town Manager or designee is authorized and directed to cause same to
be abated at the expense of the owner or person controlling such property.
Upon completion of the work, the Town Manager or designee shall
prepare a verified statement of account of the actual cost of such
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. The verified statement shall be personally served
on the owner or person controlling such property, 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. The owner or person controlling such property
shall have 30 days from the date of service 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 Town Clerk within such 30-
day period, then the amount of the assessment as determined by the Town
Manager or designee shall become final and binding. If an appeal is
taken, the Council shall, not later than its second regular meeting
following receipt of such appeal notice, hear and determine the appeal.
The Council 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.
4. If no appeal is taken from the amount of the assessment described in
subsection 3 above, 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 Maricopa
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 prior and superior to all
other liens, obligations, mortgages or other encumbrances, except liens for
general taxes. 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
thw the lien in the superior court at any time after the recording of the
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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.
SECTION 3. That the Fountain Hills Town Code, Chapter 10, Health and Sanitation,
Article 10-2, Litter; Nuisances, Section 10-2-17, Abatement of Nuisances, is hereby deleted in its
entirety and replaced with the following:
Section 10-2-17 Abatement of Nuisances
A public nuisance committed under this article may be abated (A) as set forth herein, (B)
as set forth in Article 10-4 of this Code or(C) by any other means provided by law.
SECTION 4. That the immediate operation of this Ordinance is necessary to allow for
imminent hazard of improperly maintained pools, spas and similar water features presenting an
immediate threat to life, health or public safety; therefore, an emergency is hereby declared to
exist. This Ordinance shall be in full force and effect from and after its passage and approval by
the Town Council as required by law, and this Ordinance is hereby exempt from the referendum
provisions of the constitution and laws of the State of Arizona.
SECTION 5. That, if any provision or any portion of any provision of this Ordinance is
for any reason held to be unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent
of the remaining provisions of this Ordinance and shall be severed therefrom without affecting
the validity of the remaining portions of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, August 2, 2007.
FOR THE TOWN OUNTAIN HILLS: ATTESTED TO:
W.J. Nichols, Mayor Bevelyn J. Be r, n Clerk
REVIEWED BY: - APPROVED AS TO FORM:
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,, Timothy G. Pickering, Town a er Andrew J. cGuire, Town Attorney
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