Action 15.
Regular Board of Supervisors Meeting
Community Development
- Meeting Date:
- 03/26/2013
- Title:
- Appeal from a Notice and Order to Abate a Hazard
- Submitted By:
- Peter Gardner, Community Development
- Department:
- Community Development
- Division:
- Planning & Zoning
Presentation:
PowerPoint
Recommendation:
Disapprove
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
2
NAME
of PRESENTER:
of PRESENTER:
Chris Saylor
TITLE
of PRESENTER:
of PRESENTER:
Zoning Enforcement Officer
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Docket Number (If applicable):
Information
Agenda Item Text:
Uphold or Deny the property owners appeal of the Notice and Order to Abate on parcels 107-19-005C, 107-19-005D, and 107-19-004B.
Background:
Notices and Orders to Abate a Hazard were issued on parcels 107-19-005C, 107-19-005D, and 107-19-004B on February 8, 2013, as well as two adjoining parcels. A contractor has estimated that the total cost of abating all five parcels, which total 13.5 acres, is $800,000, although the County will attempt to lower the actual cost by doing much of the work using County employees and equipment.
The owners of the three subject parcels are appealing the Notices and Orders to Abate a Hazard on the grounds that they did not create the hazard, but rather acquired the parcels with the hazard already on it. The County Attorney notes that subsection II.F of the Hazard Abatement Ordinance places responsibility for the condition on the owner of the property, whether or not they caused the hazard.
F. Removal by Board. If the owner, lessee or occupant fails to remove or otherwise abate the Public Nuisance within thirty (30) days of mailing or personal service of the Notice and Order to Abate (or such extension thereof as may be granted in writing by the Board), the Board or its designee may, at the expense of the owner, lessee or occupant, order removal or abatement of the Public Nuisance or cause it to be removed or abated; provided, however, that if such removal or abatement is not undertaken within one hundred and eighty (180) days after the right to do so first accrues, a new Notice and Order to Abate shall be served as provided in Paragraph II.C. [A.R.S. § 11-268.B]
The owners of the two adjacent parcels, which are also to be abated, have not appealed the Notice and Order to Abate.
The cost of the Abatement will exceed the Full Cash Value of the properties. The FCV of the properties ranges from $7,500.00 to $16,497.00
Suggested Motion: Madam Chair, I move to uphold the property owners' appeal of the Notice and Order to Abate.
OR
Madam Chair, I move to deny the property owners' appeal of the Notice and Order to Abate.
The owners of the three subject parcels are appealing the Notices and Orders to Abate a Hazard on the grounds that they did not create the hazard, but rather acquired the parcels with the hazard already on it. The County Attorney notes that subsection II.F of the Hazard Abatement Ordinance places responsibility for the condition on the owner of the property, whether or not they caused the hazard.
F. Removal by Board. If the owner, lessee or occupant fails to remove or otherwise abate the Public Nuisance within thirty (30) days of mailing or personal service of the Notice and Order to Abate (or such extension thereof as may be granted in writing by the Board), the Board or its designee may, at the expense of the owner, lessee or occupant, order removal or abatement of the Public Nuisance or cause it to be removed or abated; provided, however, that if such removal or abatement is not undertaken within one hundred and eighty (180) days after the right to do so first accrues, a new Notice and Order to Abate shall be served as provided in Paragraph II.C. [A.R.S. § 11-268.B]
The owners of the two adjacent parcels, which are also to be abated, have not appealed the Notice and Order to Abate.
The cost of the Abatement will exceed the Full Cash Value of the properties. The FCV of the properties ranges from $7,500.00 to $16,497.00
Suggested Motion: Madam Chair, I move to uphold the property owners' appeal of the Notice and Order to Abate.
OR
Madam Chair, I move to deny the property owners' appeal of the Notice and Order to Abate.
Department's Next Steps (if approved):
If the appeal from the Notice and Order to Abate a Hazard is denied, the Department will proceed with abatement. Liens will be placed on the parcels to recover a portion of the cost of the abatement.
Impact of NOT Approving/Alternatives:
If the appeal from the Notice and Order to Abate a Hazard is granted, the Department will not proceed with the Abatement.
To BOS Staff: Document Disposition/Follow-Up:
None.
Fiscal Impact
- Fiscal Year:
- 2013
- One-time Fixed Costs? ($$$):
- 480000
- Ongoing Costs? ($$$):
- 0
- County Match Required? ($$$):
- 0
- A-87 Overhead Amt? (Co. Cost Allocation $$$):
- 0
- Source of Funding?:
Fiscal Impact & Funding Sources (if known):
If the Appeal is upheld the County will be unable to collect $480,000 in Abatement costs.