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A. It shall be the unlawful for any person owning, managing, or having charge, control or occupancy of any real property in the Town to allow any swimming or architectural pool, spa, pond, fountain or similar water feature located on such real property 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.

B. All such pools, spas, ponds, fountains and similar water features shall be maintained to prevent bacterial growth, algae formation, debris accumulation and noxious odors.

C. For the purposes of this section, the term “architectural” shall mean a constructed or excavated exterior area designed to hold water on a continuous basis other than for swimming, diving or bathing purposes.

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 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 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. (07-08, Amended, 08/02/2007; 06-21, Added, 08/17/2006)