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Violation-Abatement Procedures
Procedures
  • The initial contact with the violator; this may be accomplished by way of a face-to-face conversation, a telephone call, or most generally by a violation notice (in the form of a door hanger, for instance) being left at the property.
  • If the violation involves a safety issue, abatement may be required immediately; if not, a reasonable amount of time will be allowed to bring the matter into compliance.
  • Once the violation is brought into compliance, the case is closed.

If it appears that little or no action has been taken to bring about compliance, the following procedures may be taken; please note that this is not an exhaustive list, nor is it necessary to follow them in order. It is hoped these actions will bring about compliance.
  • 10-day written violation-notice or criminal citation may be issued to violator.
  • Criminal prosecution in the form of a citation or long form criminal complaint filed with the town prosecutor; possible defendants include the property owner, the property manager if property is a rental, and tenants, if applicable.
  • Abatement letter sent via U.S. Postal Service Certified / Return Receipt mail to the owner of record of the property (as shown in the records of the Maricopa County Assessor’s Office, or other sources). If property is a rental, such letter may also be sent to the property manager, if any.

If property is still not brought into compliance, the town may abate the violation, using either town employees or hiring outside contractors; in either case a lien may be filed in the offices of the Maricopa County recorder against the property for the costs of cleanup. Please note that ordinance number 8.32.100 (abatement procedures) requires that the owner has “30 days from the mailing of the notice to abate or correct the violation.”

As can be seen, it is possible that a case may take up to 45-60 days or more from the time a violation is discovered or reported until cleanup or correction takes place; while this may be frustrating to a complaining neighbor, the law and the interests of justice require a certain reasonable amount of time for a violation to be corrected.


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