[1]
Prior legislation: Ord. 1995-05.
The Sahuarita building code shall have the following purposes:
A. 
Regulate the site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the jurisdiction;
B. 
Provide for the issuance of permits and collection of fees;
C. 
Provide for a building codes advisory board;
D. 
Provide for penalties for the violation of building codes. [Prior code § 7-1-1.]
A. 
The Sahuarita building code, codified in this chapter, adopts by reference the following national codes of the International Code Council, Inc., and the National Fire Protection Association, Inc., as amended:
1. 
The 2018 International Building Code, published by the International Code Council, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019;
2. 
The 2018 International Residential Code, including Appendix Q, Tiny Houses, published by the International Code Council, Inc., with local amendments of the town of Sahuarita, which document was made a public record by Sahuarita Resolution No. 2019-0596;
3. 
The 2018 International Property Maintenance Code, published by the International Code Council, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019;
4. 
The 2018 International Plumbing Code, published by the International Code Council, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019;
5. 
The 2018 International Fuel Gas Code, published by the International Code Council, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019;
6. 
The 2018 International Mechanical Code, published by the International Code Council, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019;
7. 
The 2017 National Electrical Code, published by the National Fire Protection Association, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019;
8. 
The 2018 International Energy Conservation Code, published by the International Code Council, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019;
9. 
The 2018 International Fire Code, published by the International Code Council, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019;
10. 
The 2012 Sahuarita Outdoor Lighting Code, dated January 14, 2013;
11. 
The 2018 International Swimming Pool and Spa Code, published by the International Code Council, Inc., amended by local amendments of the town of Sahuarita, attached to Sahuarita Resolution No. 2019-0596, dated May 28, 2019.
(prior code § 7-1-2; Ord. 1996-13; Ord. 2000-02; Ord. 2001-03; Ord. 2004-09 § 1; Ord. 2004-14 § 1; Ord. 2005-05 § 2; Ord. 2005-08 § 2; Ord. 2007-10 § 1; Ord. 2007-11 § 2; Ord. 2009-25 § 1; Ord. 2013-076 § 1; Ord. 2015-098 § 1; Ord. 2015-099 § 1; Ord. 2019-140 § 11; Ord. 2023-172 § 1)[1]
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Code reviser's note: Ord. 2019-140 adopts Res. 2019-0596 which lays out amendments to the International Building, Residential, Property Maintenance, Plumbing, Fuel Gas, Mechanical, Energy Conservation, Fire, and Swimming Pool and Spa Codes, and the National Electrical Code, as adopted by the town of Sahuarita, in order to bring said codes into conformance with amendments to SMC Title 15 adopted by Ord. 2015-099.
Three copies of the Sahuarita building code are on file in the office of the clerk of the town of Sahuarita and available for public inspection during regular working hours.
(Formerly 15.05.030; prior code § 7-1-4; Ord. 2005-12 § 2)
The building official, or his or her duly authorized representative, as appointed by the planning and building director, is the authority charged with the administration and enforcement of the Sahuarita building code.
(Formerly 15.05.040; prior code § 7-1-5; Ord. 2005-12 § 2; Ord. 2015-098 § 1)
A. 
It shall be a civil infraction for any person, firm or corporation to violate any provisions of this title. Each day a violation continues shall be considered a separate offense.
B. 
In addition to any other remedies, the town authority may institute any appropriate action or proceedings to restrain, correct, or abate any violation of the codes adopted herein. In any such action or proceeding, the court with jurisdiction thereof has the power to, and in its discretion may, issue a restraining order, or a preliminary injunction, upon such terms and under such conditions as will do justice and enforce the purpose of the codes.
(Formerly 15.05.050; prior code § 7-1-6; Ord. 2005-05 § 5; Ord. 2005-08 § 3; Ord. 2005-12 §§ 2, 4; Ord. 2006-06 §§ 1, 2; Ord. 2007-10 § 3; Ord. 2015-098 § 1)
Whenever a violation of this chapter or the codes adopted herein is determined, whether during construction or at the plan review stage, and the applicant wishes to appeal the decision of the staff because of code interpretation or alternative materials and methods of construction, the applicant may appeal to the building official's hearing committee as follows:
A. 
The applicant shall file a written appeal on the forms provided by the building official, no later than 4:30 p.m. on the fifth working day after the notice of the violation.
B. 
The appeal will be heard by the hearing committee within seven days, at a regular specified time.
C. 
The hearing committee shall consist of the building official or, in the case of fire code issues, the fire marshal, an inspection supervisor, and the appropriate plans examiner. At the discretion of the building official, additional inspectors or other technical persons may be added for a particular appeal.
D. 
Adequate information shall be provided by the applicant in order to fully describe the conditions in question.
E. 
The applicant may, but is not required to, personally attend the hearing committee meeting.
F. 
If an appeal is denied by the hearing committee, the applicant shall either comply with the decision or appeal to the board of appeals of the town.
(Formerly 15.05.060; prior code § 7-1-7; Ord. 2005-12 § 2; Ord. 2007-02 § 1; Ord. 2009-25 § 2)
A. 
A board of appeals appointed by the town council shall determine the suitability of alternate materials and methods of construction, provide reasonable interpretation of the provisions of the building codes, hear and decide appeals from any decision of the building official, fire marshal or the building official's hearing committee.
B. 
The board of appeals shall be made up of five members and two alternates. Each member will serve a five-year term and said terms shall be staggered. Each member shall be eligible for reappointment after completion of a term. A member may be removed from office prior to the end of his or her appointed terms for any cause. Alternate members shall possess the qualifications required for board members and shall be appointed for five years. Alternates shall be called by the board chairperson to hear appeals during the absence or disqualification of a member.
The building official shall be an ex officio member of the board but shall have no vote on any matter before the board.
C. 
The board of appeals shall consist of five individuals, one from each of the following professions or disciplines:
1. 
Architect, registered in the state of Arizona, with at least five years' experience or a general contractor, licensed with the state of Arizona Registrar of Contractors, with at least 10 years' experience, five of which shall have been in responsible charge of work.
2. 
Design professional, registered in the state of Arizona, qualified to practice structural engineering. This member must have five years' of structural engineering experience.
3. 
Design professional, registered in the state of Arizona, qualified to practice mechanical and plumbing engineering, with five years' experience in that discipline or a mechanical or plumbing contractor, licensed with the state of Arizona Registrar of Contractors, with at least 10 years' experience, five of which shall have been in responsible charge of work.
4. 
Design professional, registered in the state of Arizona, qualified to practice electrical engineering, with five years' experience in that discipline or an electrical contractor, licensed with the state of Arizona Registrar of Contractors, with at least 10 years' experience, five of which shall have been in responsible charge of work.
5. 
Design professional, registered in the state of Arizona, qualified to practice fire protection engineering, with five years' experience or a fire protection contractor, licensed with the state of Arizona Registrar of Contractors, with at least 10 years' experience, five of which shall have been in responsible charge of work, or a technologist, technician or safety professional trained in fire protection engineering, fire science or fire technology with at least five years' experience.
D. 
The board shall annually select one of its members to serve as chairperson.
E. 
A member shall not hear an appeal in which that member has a personal, professional or financial interest.
F. 
The planning and building director shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the town clerk.
G. 
The board shall meet quarterly.
H. 
The board shall establish policies and procedures necessary to carry out its duties. All hearings before the board shall be open to the public. The appellant, the appellant's representative, the building official and any person whose interests are affected shall be given an opportunity to be heard.
I. 
The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
J. 
The board shall modify or reverse the decision of the building official by a concurring vote of two-thirds of its members. Certified copies of the board's decision shall be furnished to the appellant and the building official.
K. 
The building official shall take immediate action in accordance with the decision of the board.
L. 
An applicant may present his case to the board of appeals as follows:
1. 
File an application for review on forms provided by the building official, with a fee as set forth in Chapter 3.10 STC, no less than three weeks prior to the regularly scheduled board of appeals meeting. The board of appeals has the discretion to reduce the three-week advance filing requirement.
2. 
Provide adequate information in order to fully describe the conditions in question.
3. 
At the hearing, the applicant may introduce evidence in support of his position.
4. 
Decisions and findings of the board of appeals are final and made in writing to the building official and the applicant.
(Formerly 15.05.070; prior code § 7-1-8; Ord. 2005-12 § 2; Ord. 2007-02 § 2; Ord. 2008-07 § 17; Ord. 2009-25 §§ 3 – 5; Ord. 2015-098 § 1)
The fire marshal, or his or her duly authorized representative, as appointed by the planning and building director, is the authority charged with the administration and enforcement of the Sahuarita fire code.
(Formerly 15.05.080; prior code § 7-1-9; Ord. 2005-05 § 3; Ord. 2005-12 § 2; Ord. 2015-098 § 1)
A. 
The owner, lessee or occupant of property shall remove accumulations of filth, debris or dilapidated structures, or abate any condition which is in violation of building codes adopted by STC § 15.05.020, which constitute a hazard to public health and safety from buildings, grounds, lots, contiguous sidewalks, streets and alleys.
1. 
The town must give written notice of the violation to the property owner by notifying the owner, the owner's authorized agent or the owner's statutory agent, and to the occupant or lessee, by either personal service or certified mail, as provided below.
a. 
If notice is served by certified mail, the notice shall be mailed to the last known address of the owner, the owner's authorized agent or the owner's statutory agent and to the address to which the tax bill for the subject property was last mailed.
b. 
The notice shall be given not less than 30 days before the day set for compliance and shall include the legal description of the property and the cost of such removal to the town if the owner, occupant or lessee does not comply.
c. 
The notice shall include language advising the owner, the owner's authorized agent, or the owner's statutory agent of the right to appeal under the provisions of STC § 15.05.080.
d. 
The owner shall be given not less than 30 days to comply.
e. 
The town may record the notice in the Pima County recorder's office. If the notice is recorded and compliance with the notice is subsequently satisfied, the town shall record a release of the notice.
2. 
The property owner may file an appeal as set forth in STC § 15.05.080. Language setting forth the process for appeal and hearing must be included on both the notice and the assessment against the property, unless the removal or abatement is ordered by a court.
B. 
If any person with an interest in the property, including the owner, lienholder, lessee or occupant, after notice as required by subsection (A)(1) of this section, does not abate the condition which constitutes the violation and is a hazard to public health and safety, the town may remove, abate, enjoin or cause their removal.
C. 
If the removal or abatement is carried out by the town at its expense, upon failure of the property owner, lienholder, lessee or occupant to do so after proper notice, the cost for removal or abatement, including the actual costs of any additional inspection and other incidental connected costs incurred therewith, shall be assessed upon the property as follows:
1. 
The assessment shall be recorded in the office of the Pima County recorder and shall include the date of the assessment, the amount of the assessment, the legal description of the property and the name of the town of Sahuarita as the town imposing said assessment.
D. 
Pursuant to Arizona State law, any assessment recorded after July 15, 1996, is prior and superior to all other liens, obligations, mortgages or other encumbrances, except liens for general taxes. A sale of the property to satisfy an assessment obtained under the provisions of this section shall be made upon judgment of foreclosure and order of sale. The town shall have the right to bring an action to enforce the assessment in the superior court of Pima County at any time after the recording of the assessment. Failure to enforce the assessment by such action shall not affect its validity. The recorded assessment shall be prima facie evidence of the truth of all matters recited in the assessment and of the regularity of all proceedings prior to the recording of the assessment.
E. 
Assessments that are imposed under subsection D of this section run against the property until paid and are due and payable in equal annual installments as follows:
1. 
Assessments of less than $500.00 shall be paid within one year after the assessment is recorded.
2. 
Assessments of $500.00 or more but less than $1,000 shall be paid within two years after the assessment is recorded.
3. 
Assessments of $1,000 or more but less than $5,000 shall be paid within three years after the assessment is recorded.
4. 
Assessments of $5,000 or more but less than $10,000 shall be paid within six years after the assessment is recorded.
5. 
Assessments of $10,000 or more shall be paid within 10 years after the assessment is recorded.
F. 
An assessment that is past due accrues interest at the rate prescribed by ARS 44-1201.
G. 
A prior assessment for the purposes provided in this section shall not be a bar to a subsequent assessment or assessments for these purposes, and any number of assessments on the same lot or tract of land may be enforced in the same action.
H. 
For purposes of this section:
1. 
"Property" includes buildings, grounds, lots and tracts of land.
2. 
"Structures" includes buildings, improvements and other structures that are constructed or placed on land.
(Ord. 2009-25 § 6; Ord. 2011-045 § 1)
A. 
The violation of any provision of this chapter, or any code or regulation adopted by this chapter, shall be a civil infraction. In addition to any fine or penalty which may be imposed for a violation of any provision of this chapter, any person, firm or corporation is liable for all costs which may be assessed pursuant to this chapter for abating the condition which constitutes a violation of the adopted codes.
B. 
In addition to any other remedies, the town authority may institute any appropriate action or proceedings to restrain, correct, or abate any violation of the codes adopted herein. In any such action or proceeding, the court with jurisdiction thereof has the power to, and in its discretion may, issue a restraining order, or a preliminary injunction, upon such terms and under such conditions as will do justice and enforce the purpose of the codes.
(Ord. 2009-25 § 6; Ord. 2011-045 § 2; Ord. 2011-050 § 1; Ord. 2015-098 § 1)