7.20.130 Emergency action to relieve a threat of serious harm.
(A) When a currently existing violation of this chapter poses a substantial and immediate threat of serious harm to the health or safety of any person, then the city may immediately enter the property and take the minimum action necessary to relieve the threat of serious harm.
(B) If it is reasonably practicable to do so under the circumstances, prior to entering the property the city shall obtain:
(1) The involvement of the Navajo County health department or other applicable entity if such department or entity has authority to act in the matter; and
(2) The consent of a person who owns, leases, rents, occupies, controls or has the right to control the property; or
(3) A search warrant from a justice court or an order from the city magistrate court authorizing the city to enter the property and relieve the threat of harm. The magistrate court shall issue such an order only upon a showing that probable cause exists to believe that a violation of this chapter which poses a substantial and immediate threat of serious harm to the health or safety of any person exists on the property.
(C) As soon as reasonably practicable under the circumstances, the city shall serve a civil or criminal citation or summons and complaint on the person or persons responsible for the violation.
(D) Promptly after service of the citation or summons and complaint, the magistrate court shall set an expedited hearing on the matter. At the hearing, the city must establish by a preponderance of the evidence that the city complied with all of the requirements of this section. If the city fails to meet this burden, the court shall require the city to pay the defendant for the reasonable cost of any physical damage caused to the defendant’s property by the city’s failure to comply with one (1) or more requirements of this section. (Ord. No. 2019-01, §§ 1, 2, 1-2-19. 1976 Code § 9-4-13)