SECTION 8
VIOLATIONS, ENFORCEMENT AND PENALTIES
Subsections:
8.01 Invalid Permits and Approvals
8.02 City Reliance on Information Supplied
8.04 Enforcement Responsibilities
8.05 Violation; Notice and Opportunity to Correct
8.09 Cumulative Procedures and Remedies
8.10 Failure to Provide Evidence of Identity
8.01 Invalid Permits and Approvals
Any permit issued or administrative approval granted in conflict with any provision of the zoning code, a zoning ordinance, a use permit, a variance, or a design review approval is void, unless relief is granted pursuant to Section 3.02(h) or 3.04(f). (Ord. 06-113 § 1 (part))
8.02 City Reliance on Information Supplied
a. Duty to Supply Accurate Information
Any person seeking a permit or approval from the city of Litchfield Park, Arizona, shall submit accurate information to the city of Litchfield Park, Arizona, and shall promptly notify the city of Litchfield Park, Arizona, in writing, of any inaccuracies in information previously submitted.
b. No Warranty
The city of Litchfield Park, Arizona, in issuing a permit or approval is not expressly or impliedly warrantying the location of property lines, accuracy of plans or any other information supplied by an applicant.
c. Revocation
If the city of Litchfield Park, Arizona, discovers a permit or approval was issued in reliance on inaccurate information supplied by the applicant, and the permitted or approved structure, work or use in fact does not or will not comply with applicable city code(s), in addition to the general penalty set forth in this section, the city of Litchfield Park, Arizona, reserves the right to revoke the permit or approval, and shall not be liable for any resulting costs or inconvenience. (Ord. 11-160 § 1 (part))
8.03 Code Enforcement Officer
The code enforcement officer shall have the authority to enforce the provisions of the zoning code, zoning ordinances, use permits, variances, and design review approvals and to issue citations for violations thereof. The code enforcement officer shall be appointed by the city manager. (Ord. 11-160 § 1 (part); Ord. 06-113 § 1 (part). Formerly 8.02.)
8.04 Enforcement Responsibilities
a. Building Department
Prior to issuance of building permits, the building department shall ascertain that plans presented with the building permit application comply with those approved subject to the requirements of the zoning code, a zoning ordinance, a use permit, a variance or a design review approval, as applicable.
b. Code Enforcement Officer
The code enforcement officer shall enforce the provisions of the zoning code, zoning ordinances, use permits, variances and design review approvals and is authorized to stop any work undertaken not in compliance with any provision of the zoning code, a zoning ordinance, a use permit, a variance, or a design review approval.
c. City Attorney
The city attorney may commence an action in superior court to abate a violation of the zoning code, a zoning ordinance, a use permit, a variance or a design review approval. (Ord. 11-160 § 1 (part); Ord. 06-113 § 1 (part). Formerly 8.03.)
8.05 Violation; Notice and Opportunity to Correct
a. Notice
Before issuing a citation for a violation of the zoning code, a zoning ordinance, a use permit, a variance, or a design review approval, the code enforcement officer shall provide a written notice of the violation to the property owner and person in control, or to the authorized agent of the property. The notice shall set forth:
1. The violation.
2. What is required to bring the property into compliance.
3. The time period allowed to bring the property into compliance.
b. Time Period
The time period provided to correct violations of the zoning code, a zoning ordinance, a use permit, a variance, or a design review approval other than signs shall be a minimum of ten days, unless the violation creates a safety hazard, in which case the time period for correction shall be determined by the code enforcement officer based on the severity of the danger. The time period provided to correct violations of sign regulations are set forth in Sections 35.12, 35.14, 35.15, and 35.31(a)(12), all of which set forth times for notice to correct violations of Section 35, Signs. A citation is considered an appropriate notice in the case of violations of Section 35 for signs installed without required permits.
c. Failure to Receive Notice
Failure of the property owner, person in control, or authorized agent of the property to receive a notice shall not preclude issuance of a citation. (Ord. 11-160 § 1 (part); Ord. 06-113 § 1 (part). Formerly 8.04.)
8.06 Violations and Citations
If a violation of the zoning code, a zoning ordinance, a use permit, a variance, or a design review approval continues past the time set forth in the notice of violation, a citation shall be issued to the property owner, person in control, or authorized agent of the property.
a. A civil action for violations shall be commenced by filing the citation in the city of Litchfield Park magistrate court.
b. Citations may be issued by the code enforcement officer, by a city of Litchfield Park police officer, or by a sworn officer of another police or sheriff’s office acting on behalf of the city of Litchfield Park.
c. Each day a violation continues, or the failure to perform any act or duty required by the zoning code, a zoning ordinance, a use permit, a variance, a design review approval or by the city of Litchfield Park magistrate court continues, shall constitute a separate civil offense.
d. Every civil action or proceeding under this section shall be commenced and prosecuted in accordance with the laws of the state of Arizona relating to civil traffic procedures and the Arizona Rules of Procedure in civil traffic violation cases. (Ord. 11-160 § 1 (part); Ord. 06-113 § 1 (part). Formerly 8.05.)
8.07 Penalties
a. A citation issued pursuant to Section 8.04 shall direct the person to whom the citation is issued to pay a fine in the amount set forth in the city of Litchfield Park magistrate court’s adopted schedule of fines within ten days of the issuance of the citation or to appear before the city of Litchfield Park magistrate court. Payment of the fine shall constitute a finding of responsibility for the violation for purposes of Section 8.07.
b. Upon a finding by the city of Litchfield Park magistrate court that a person is responsible for a civil violation of the zoning code, a zoning ordinance, a use permit, a variance or a design review approval, that person, corporation, or other legal entity shall be subject to a civil fine of not more than five hundred dollars for each violation imposed by the city magistrate court.
c. Any judgment for civil fines or penalties may be collected as any other civil judgment, as provided for in the Arizona Revised Statutes. (Ord. 11-160 § 1 (part); Ord. 06-113 § 1 (part). Formerly 8.06.)
8.08 Habitual Offenders
a. Any person found responsible by the city of Litchfield Park magistrate court for committing three or more civil violations of the zoning code, a zoning ordinance, a use permit, variance or design review approval within a twenty-four-month period, whether by admission, by payment of the fine, by default or by judgment after hearing shall be determined to be a habitual offender. For purposes of calculating the twenty-four-month period under this subsection a, the dates of the commission of the offenses are the determining factor.
b. A habitual offender who subsequently violates the zoning code, a zoning ordinance, a use permit, variance, or design review approval shall be guilty of a Class 1 misdemeanor offense.
c. Upon the conviction of a habitual offender for a violation of the zoning code, a zoning ordinance, a use permit, variance, or design review approval, the court may:
1. Impose a sentence of incarceration not to exceed six months in jail; or
2. Impose a fine not to exceed two thousand five hundred dollars, exclusive of penalty assessments prescribed by law; or
3. Impose a term of probation; or
4. Impose any combination of incarceration, fine, and probation.
d. Notwithstanding the above elective penalty, upon conviction of a habitual offender of a violation of the zoning code, a zoning ordinance, a use permit, variance, or design review approval, the court shall impose a fine of not less than five hundred dollars for each count upon which a conviction is obtained.
e. A judge shall not grant probation to a habitual offender or suspend any part of a sentence or fine imposed upon a habitual offender for any sentence required by this subsection, except on the condition that the habitual offender pays the fine imposed by the court, as provided in this section.
f. Every action or proceeding under this section shall be commenced and prosecuted in accordance with the laws of the state of Arizona relating to misdemeanors and the Arizona Rules of Criminal Procedure. (Ord. 11-160 § 1 (part); Ord. 06-113 § 1 (part). Formerly 8.07.)
8.09 Cumulative Procedures and Remedies
The procedures and remedies provided for herein shall be cumulative and in addition to any other procedures and remedies to which the town may be entitled by law or equity. (Ord. 11-160 § 1 (part); Ord. 06-113 § 1 (part). Formerly 8.08.)
8.10 Failure to Provide Evidence of Identity
A person who fails or refuses to provide evidence of his or her identity to the city of Litchfield Park building official, a building inspector, the code enforcement officer, or a police officer or any other authorized agent of the city upon request, when such agent has reasonable cause to believe the person has committed a violation of the zoning code, is guilty of a Class 1 misdemeanor. Evidence of identity shall consist of a person’s full name, residence address, and date of birth. (Ord. 11-160 § 1 (part); Ord. 06-113 § 1 (part). Formerly 8.09.)