Division 10-20.110:
Enforcement
Sections:
10-20.110.010 Purpose
10-20.110.020 Violations
10-20.110.030 Enforcement Authority
10-20.110.040 Interference with Enforcement Personnel
10-20.110.050 Police to Assist in Enforcement Activities
10-20.110.060 Civil Enforcement – Penalties
10-20.110.070 Criminal Enforcement – Penalties
10-20.110.080 Other Powers and Remedies
10-20.110.090 Enforcement by Stop Work Order
10-20.110.010 Purpose
The purpose of this division is to set forth provisions for enforcing the provisions of this Zoning Code. Any violation of this Zoning Code shall be subject to the enforcement remedies and penalties provided in this division or by State law.
10-20.110.020 Violations
A. It shall be unlawful for a responsible party to allow or permit, facilitate, suffer, or aid or abet any violation of any provision of this Zoning Code or to fail to perform any act or duty required by this Zoning Code.
B. Each day any violation of any provision of this Zoning Code or the failure to perform any act or duty required by this Zoning Code continues shall constitute a separate offense.
10-20.110.030 Enforcement Authority
The Zoning Code Administrator shall have the power and responsibility to conduct inspections and enforce this Zoning Code and any other title or division of the Flagstaff City Code as determined by the City Manager. The Zoning Code Administrator shall have authority to enter any building, structure or premises or any part thereof, at any and all reasonable times in compliance with legal requirements governing administrative inspections of private property, for the purpose of performing his/her official duty. The Zoning Code Administrator is hereby authorized to commence an enforcement action in compliance with this division by issuing a citation for civil sanctions in the Flagstaff Municipal Court in compliance with City Code Title 1, Administration, Chapter 1-15, Municipal Court, Section 1-15-001-0011, Civil Enforcement Procedures. The Zoning Code Administrator may also seek the issuance of a complaint by the Chief Prosecutor of the City of Flagstaff for criminal prosecution of habitual offenders as defined in this division.
10-20.110.040 Interference with Enforcement Personnel
It shall be unlawful for any person knowingly to interfere with, hinder or obstruct enforcement personnel in the performance of their official duties.
10-20.110.050 Police to Assist in Enforcement Activities
It shall be the duty of the Police Department to assist in the enforcement of this Zoning Code.
10-20.110.060 Civil Enforcement – Penalties
A. Any responsible party that allows, permits, facilitates, suffers, or aids or abets any violation of any provision of this Zoning Code or fails to perform any act or duty required by this Zoning Code shall be responsible for a civil violation unless otherwise specified.
B. Any person found responsible for violating this Zoning Code shall be sentenced to a fine of not less than $100. Any person found responsible of a second violation of this Zoning Code committed within 36 months of a prior violation of this Zoning Code shall be subject to a fine of not less than $250. Any person found responsible of a third or subsequent violation of this Zoning Code within 36 months of a prior violation of this Zoning Code shall be subject to a fine of not less than $500.
C. Every civil action or proceeding in compliance with this division shall be commenced and prosecuted in compliance with City Code Title 1, Administration, Chapter 1-15, Municipal Court, Section 1-15-001-0011, Civil Enforcement Procedures.
10-20.110.070 Criminal Enforcement – Penalties
A. Any person found responsible by the Flagstaff Municipal Court for three or more civil violations of this Zoning Code within a 24-month period, whether by admission, by payment of the fine, by default, or by judgment after hearing shall be deemed to be a habitual offender. For purposes of calculating the 24-month period in compliance with this subsection, the dates of the commission of the offenses are the determining factor.
B. A habitual offender who subsequently violates this Zoning Code shall be guilty of a class one misdemeanor.
C. Every criminal action or proceeding made pursuant to this Division shall be commenced and prosecuted in compliance with the laws of the State of Arizona relating to misdemeanors and the Arizona Rules of Criminal Procedure.
10-20.110.080 Other Powers and Remedies
The Director and Zoning Code Administrator shall have such other enforcement rights, powers and remedies as are and may from time to time be provided for or permitted by Arizona law for the enforcement of zoning regulations, or for the litigation by action or appeal of controversies in regard to zoning regulation or enforcement.
10-20.110.090 Enforcement by Stop Work Order
The Director may issue an order to stop work on any development, excavation, building or structure on any land on which there is an uncorrected violation of a provision of this Zoning Code or of a permit or other form of authorization issued pursuant to this Zoning Code. The Director may also order work to be stopped in the event the activity is being conducted without having obtained a required permit or approval. In addition to the issuance of complaints against habitual offenders, the Chief Prosecutor is authorized to issue complaints for those violations of this Zoning Code deemed criminal.