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STRATEGIC OUTCOMES |
ACTION |
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Department: |
☒ Safe & Prosperous |
☐ Motion |
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Building Safety |
☐ Active & Appealing |
☐ Resolution |
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☒ Respected & Responsible |
☒ Ordinance - Introduction |
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Division: |
☐ Connected & Engaged |
☐ Ordinance - Adoption |
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☐ Unique & Creative |
☐ Public Hearing |
TITLE: t
Yuma City Code Text Amendment: Public Nuisances
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SUMMARY RECOMMENDATION: Summary Recommendation
Amend Title 13, Chapter 134, Article 5 (Yuma City Code § 134-05) to include a defined procedure and standard for obtaining an Administrative Warrant allowing the City to inspect or remedy violations of the Property Maintenance Code on private property that pose a danger to life or property. (Building Safety) (Alyssa Linville/Randall Crist)
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STRATEGIC OUTCOME:
This text amendment ensures the City is Safe and Prosperous by providing a mechanism to enter private property to inspect or remedy conditions that pose a danger to citizens’ life or property. This text amendment furthers the City Council’s strategic outcome of Respected and Responsible by utilizing a mechanism that provides judicial oversight to balance the interests of the City and involved property owners.
REPORT:
In July 2021, Mayor and Council approved an update to Yuma City Code § 134-05 that set forth the process and standards for obtaining an Administrative Warrant in situations in which a public nuisance was occurring on a property and the City could not contact the property owner. The adopted process and standards incorporated state and federal constitutional requirements and provide the ability to protect the public from public nuisances, while respecting the rights of property owners by requiring judicial oversight.
Since the 2021 update, Code Enforcement investigations have revealed the need to expand the ability to obtain Administrative Warrants. As currently written, the Code allows the City to obtain Administrative Warrants only in situations involving a public nuisance, as defined in Yuma City Code § 134.01 when contact with the property owner has been unsuccessful. However, the Code does not provide the ability to obtain an Administrative Warrant to access a property that poses a danger to human life or property when the property owner or tenant denies access or declines to remedy the danger, or is unable to be contacted, but no public nuisance is present such as violations of the Property Maintenance Code.
The following example illustrates the need for an expansion of this Code: A tenant complains to the City regarding the conditions of his or her dwelling. The City conducts an inspection and determines the property is not zoned for this rental space, the dwelling has electrical wiring out of compliance with the Property Maintenance Code, and there are insufficient exit points. In the event of a fire, there is a significant risk of the loss of life. After initial contact with the property owner, who disputes the violations, the tenant is no longer in the dwelling and the property owner claims the issues have been remedied, but access is denied to the City. The City is unable to verify if the fire risks have been remedied, but, more importantly, the City is unable to verify if new tenants are residing in a known dangerous dwelling. Absent the ability to obtain an Administrative Warrant, the City is not able to re-enter the property unless there is an active emergency situation, such as a fire.
This text amendment also allows the City to enter private property, with judicial oversight, to prevent the loss of life or damage to property when a property owner is unavailable, uncooperative, or asserting privacy rights and there is probable cause to believe the property is in violation of the Property Maintenance Code. Failure to comply with an administrative warrant is most often a civil finding of contempt of court, though in an egregious circumstance, a judge could find criminal contempt.
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$ 0.00 |
BUDGETED: |
$ 0.00 |
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STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
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FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
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OTHER SOURCES: |
$ 0.00 |
FUNDING: ACCOUNT/FUND #/CIP |
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TOTAL |
$ 0.00 |
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To total; right click number & choose “Update Field” |
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FISCAL IMPACT STATEMENT:
NONE
ADDITIONAL INFORMATION:
SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:
NONE
IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?
☐ Department
☐ City Clerk’s Office
☐ Document to be recorded
☐ Document to be codified
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Acting City Administrator: |
Date: |
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John D. Simonton |
07/07/2025 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
07/03/2025 |