This chapter may be referred to as the TOMBSTONE NEIGHBORHOOD PRESERVATION ORDINANCE. (Ord. 2007-16, 5-8-2007)

The purpose of this chapter is to protect the public health, safety and welfare of the residents and visitors to the city of Tombstone, to preserve property values overall, and to provide special attention to the condition of the Schieffelin historic district. (Ord. 2007-16, 5-8-2007)

CODE VIOLATIONS: Violations of any code adopted and/or enforced by the city.

ENFORCEMENT OFFICER: The building inspector/zoning officer of the city.

VACANT BUILDING: A building or portion of a building which is:

   A.   Unoccupied and unsecured.

   B.   Unoccupied and secured by other than normal means.

   C.   Unoccupied and a dangerous structure.

   D.   Unoccupied and condemned.

   E.   Unoccupied and has multiple housing or building code violations.

   F.   Condemned and illegally occupied.

   G.   Unoccupied for a period of time more than three hundred sixty five (365) days.

   H.   Within the Schieffelin historic district and unoccupied for a period of time more than ninety (90) days. (Ord. 2007-16, 5-8-2007)

   A.   The owner shall register with the enforcement officer not later than thirty (30) days after any building in the city becomes vacant, as defined by section 10-22-3 of this chapter.

   B.   The registration shall be submitted on forms provided by the enforcement officer and shall include the following information supplied by the owner:

      1.   A description of the premises.

      2.   The names and addresses of the owner or owners.

      3.   The names and addresses of all known lien holders, and all other parties with an ownership interest in the building.

      4.   The period of time the building is expected to remain vacant; and a plan and timetable for returning the building to appropriate occupancy or use and/or for demolition of the building.

   C.   The owner shall submit a plan and timetable which must meet the approval of the enforcement officer. The enforcement officer shall require completion of the plan within a reasonable period of time, up to three hundred sixty five (365) days. Any repairs, improvements or alterations to the property must comply with any applicable housing or building codes.

   D.   All applicable laws and codes shall be complied with by the owner. The owner shall notify the enforcement officer of any changes in information supplied as part of the vacant building registration within thirty (30) days of the change. If the plan or timetable for the vacant building is revised in any way, the revision must meet the approval of the enforcement officer.

   E.   The owner and subsequent owners shall keep the building secured and safe and the building and grounds properly maintained until the rehabilitation or demolition has been completed. (Ord. 2007-16, 5-8-2007)

   A.   The owner of a vacant building shall pay an annual registration fee. The first year registration fee shall be two hundred dollars ($200.00). The second year registration fee shall be five hundred dollars ($500.00). The third and each subsequent year registration fee shall be one thousand dollars ($1,000.00).

   B.   The first annual fee shall be paid not later than thirty (30) days after the building becomes vacant.

   C.   The fee shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit.

   D.   All delinquent fees shall be paid by the owner prior to any transfers of ownership interest in any vacant property. (Ord. 2007-16, 5-8-2007)

   A.   A building which has suffered fire damage shall be exempt from the registration requirement for a period of ninety (90) days after the date of the fire if the property owner submits a request for exemption in writing to the enforcement officer. This request shall include the following information supplied by the owner:

      1.   A description of the premises.

      2.   The names and addresses of the owner or owners.

      3.   A statement of intent to repair and reoccupy the building in an expedited manner. (Ord. 2007-16, 5-8-2007)

The enforcement officer shall inspect any premises in the city for the purpose of enforcing and assuring compliance with the provisions of this title. Upon the request of the enforcement officer, an owner shall provide access to all interior portions of an unoccupied building in order to permit a complete inspection. (Ord. 2007-16, 5-8-2007)

Once every three (3) months the enforcement officer shall send to the city council a list of all vacant buildings which have become known to the enforcement officer during the preceding three (3) months, as well as a list of all previously declared vacant buildings which are no longer subject to the provisions of this chapter. (Ord. 2007-16, 5-8-2007)

Any person who violated the provisions of this chapter or providing false information to the enforcement officer shall be guilty of a misdemeanor and subject to a fine of one thousand dollars ($1,000.00). Each subsequent notice of violation shall be considered an additional offense. (Ord. 2007-16, 5-8-2007)