Chapter 1.20
ENFORCEMENT AND PENALTIES
Sections:
1.20.030 Enforcement officers.
1.20.040 Criminal citations – Hearings.
1.20.060 Civil citations – Hearings.
1.20.090 Civil Hearing Officer.
1.20.010 Purpose.
The purposes of this chapter are to create a procedure for a timely, efficient means for enforcement of the Town Code, including the issuance of both criminal and civil citations to be filed in the Magistrate Court, and to provide for consent agreements between the Town and a person accused of violating the Town Code. (Ord. 07-299 § 2 (part). Formerly 1.16.010)
1.20.020 Applicability.
A. This chapter provides for criminal penalties, civil penalties and for consent orders to be used to help the Town enforce its Town Code. These penalties and orders are intended to be in addition to all other legal remedies that may be pursued by the Town to address violations of this Town Code. Penalties and other remedies may be specified in any chapter of this Town Code, and where specified, those penalties shall be used. However, where no specified penalty is part of a title or chapter, the penalties and consent orders set forth in this chapter may be used.
B. The use of this chapter neither limits nor precludes the Town from pursuing any other type of enforcement allowed by law. (Ord. 07-299 § 2 (part). Formerly 1.16.020)
1.20.030 Enforcement officers.
Sworn police officers employed by the Town Police Department and the Town Code Enforcement Officer shall have the primary responsibility for issuing criminal and civil citations to enforce the Town Code. However, the Town Manager may also designate other Town employees who may issue criminal and civil citations to enforce the Town Code. (Ord. 07-299 § 2 (part). Formerly 1.16.030)
1.20.040 Criminal citations – Hearings.
A. The enforcement officer may either use the uniform Arizona Traffic Ticket and Complaint, or may use any other form authorized by the Town Manager which contains all of the following:
1. State the date of the violation or, if the date of the violation is unknown, then the date the violation is identified;
2. State the address or a definite description of where the violation occurred;
3. Notify the defendant with a written description or statutory designation of the violation;
4. State whether this is the first, second or a repeat violation, if applicable. If no designation is made at or prior to the pretrial hearing or no later than twenty (20) days prior to the trial, the violation shall be designated a first offense by the Court;
5. Show the name and signature of the enforcement officer;
6. List the phone number of the Magistrate Court to contact for questions concerning the hearing process; and
7. Direct the defendant to correct the violation (if applicable) and to pay the criminal penalties set forth in the Court’s deposit schedule for criminal infractions on or before the initial hearing or appearance date, or to appear in the Magistrate Court at the time and date specified in the citation.
B. A copy of the citation or complaint may be served by delivering a copy of the citation or complaint to the person charged with the violation or by any means authorized by the Arizona Rules of Criminal Procedure. In addition, if the enforcement officer indicates on the citation or complaint that no jail time is requested, the citation or complaint may be sent by certified or registered mail, return receipt requested, delivered to addressee only at the address provided by the person charged with the violation. Service of the complaint is complete on filing the receipt in the Magistrate Court.
C. The original citation or complaint shall be filed in the Magistrate Court within thirty (30) days of the time the citation or complaint was issued.
D. The Magistrate Court shall hold an initial hearing and a trial, if necessary, and may schedule a pretrial hearing if in the discretion of the court; a pretrial hearing would be beneficial to the Court or the parties. (Ord. 07-299 § 2 (part). Formerly 1.16.040)
1.20.050 Criminal penalties.
A. Except in matters where the penalties and other remedies are specified in the chapter or title of this Town Code, any person convicted of an undesignated criminal infraction shall be deemed a violation of a Class I misdemeanor.
B. Any person who commits a violation of any section of this Town Code generally punishable as a criminal infraction, after previously having been found guilty of committing two (2) or more criminal infractions of the same title within any thirty-six (36) month period, whether by admission, by payment of the fine, by default, by plea of "no contest," or by judgment after hearing, shall be guilty of a criminal misdemeanor punishable by a criminal penalty or fine of not more than two thousand five hundred dollars ($2,500.00), by imprisonment not to exceed six months, or by both such fine and imprisonment.
C. Any reference in this Town Code to Class I, Class II, Class III misdemeanors or to petty offenses shall be defined and enforced, and shall carry the same penalties as those same named classes of offenses as set forth in Arizona Revised Statutes, Title 13, Chapters 7 and 8, as amended, in addition to any restitution ordered by the Court.
D. In addition to the criminal penalties and fines prescribed in this chapter or other chapters of the Town Code, a Court shall have the discretion to order restitution for any victim. The Court shall also have the discretion to order community service, abatement of any violation or nuisance, or any other remedy allowed by law fashioned by the court to fit the violation, crime or infraction.
E. Each day a violation continues shall constitute a separate violation or offense. (Ord. 15-387 § 4 (part); Ord. 07-299 § 2 (part); Ord. 98-154 § 1 (part); Ord. 97-136 § 1. Formerly 1.16.050)
1.20.060 Civil citations – Hearings.
A. The enforcement officer may either use the uniform Arizona Traffic Ticket and Complaint, or may use any other form authorized by the Town Manager which contains all of the following:
1. State the date of the violation or, if the date of the violation is unknown, then the date the violation is identified;
2. State the address or a definite description of where the violation occurred;
3. Notify the defendant with a written description or statutory designation of the violation;
4. State whether this is the first, second or a repeat civil violation. If no designation is made at or prior to the pretrial hearing, the violation shall be designated a first offense by the Court;
5. Show the name and signature of the enforcement officer;
6. List the phone number of the Magistrate Court to contact for questions concerning the hearing process; and
7. Direct the defendant to correct the violation (if applicable) and to pay the civil penalties set forth in the Court’s deposit schedule for civil infractions on or before the initial hearing or appearance date, or to appear in the Magistrate Court at the time and date specified in the citation.
8. Notify the defendant not to ignore the citation, to appear at the Magistrate Court on the initial hearing or appearance date; and that if the defendant fails to correct the violation (if applicable) and to pay the civil penalty on or before the appearance date, or appear on the date specified in the citation, that the Magistrate Court judge will issue a written decision of default against the defendant, find that the defendant is responsible for the violation, and impose a civil penalty and issue other orders to correct the violations as allowed by this chapter or the Town Code.
B. A copy of the citation or complaint may be served by delivering a copy of the citation or complaint to the person charged with the violation or by any means authorized by the Arizona Rules of Civil Procedure. In addition, a citation or complaint for a violation may be sent by certified or registered mail, return receipt requested, delivered to addressee at the address provided by the person charged with the violation. Service of the complaint is complete on filing the receipt in the Magistrate Court.
C. The original complaint shall be filed in the Magistrate Court within thirty (30) days of the time the citation or complaint was issued.
D. A Magistrate Court Judge or Hearing Officer shall hear and dispose of civil violations, and make such orders as may be necessary and proper to dispose of such cases. Cases shall be heard without a jury.
E. No initial hearing is required, and the defendant may appear telephonically or in person for the initial hearing or appearance date to enter a plea of "not responsible" or "responsible." No person from the Town need appear at the initial hearing or appearance date.
F. If the defendant appears and denies the allegation, the Magistrate Court shall set the matter for hearing.
G. If the defendant appears before the Magistrate Court and admits the allegations, the Magistrate Court shall issue a decision, finding the defendant "responsible," impose a civil penalty, and may issue such other orders as are consistent with this Town Code.
H. The Magistrate Court may continue the date set for the hearing and may continue any hearing, for cause.
I. The Magistrate Court may not grant variances nor modify the provisions of the Town Code.
J. The Arizona Rules of Procedure in Civil Traffic Violation Cases shall be followed by the Magistrate Court for civil citations issued pursuant to this Town Code except where inconsistent with the provisions of this Town Code.
K. The Town employee who issued the citation or complaint may appear in Magistrate Court and be the Town’s representative to prosecute civil violations. A police officer, the Town Code Enforcement Officer, Town Attorney, or other enforcement person appointed by the Town Manager may also serve as the Town’s representative to prosecute civil violations.
L. No person may be examined except by the Court, an attorney for a party, the Town’s designated representative or the defendant. (Ord. 07-299 § 2 (part). Formerly 1.16.060)
1.20.070 Civil penalties.
A. Except in matters where the penalties and other remedies are specified in the chapter or title of this Town Code, any person found responsible for an undesignated civil violation or infraction for violation of an ordinance of the Town is punishable by a civil penalty of not more than one thousand five hundred dollars ($1,500.00).
B. Any person who commits a violation of any section of this Town Code generally punishable as a civil violation or infraction, after previously having been found responsible of committing two (2) or more civil violations or infractions of the same title within any thirty-six (36) month period, whether by admission, by payment of the civil penalty, by default, by plea of "no contest," or by judgment after hearing, shall be responsible for payment of a civil penalty of not less than three hundred dollars ($300.00) up to a maximum civil penalty of two thousand five hundred dollars ($2,500.00).
C. In addition to the civil penalties prescribed in this chapter or other chapter in the Town Code, the Court shall have the discretion to order restitution for any victim. The Court shall also have the discretion to order community service, abatement of a violation or nuisance, or any other remedy allowed by law fashioned by the Court to fit the violation, crime or infraction.
E. A person who fails to comply with an order of the Magistrate Court, fails to comply with penalties imposed under this section, or who fails to appear in Magistrate Court after being served a citation or complaint may be charged with a criminal citation or complaint for failing to obey a Court order pursuant to A.R.S. §§ 9-500.21(5), 13-2810(A)(2) or 13-3904, for which an arrest warrant may be issued.
F. Each day a violation continues shall constitute a separate violation or offense. (Ord. 15-387 § 4 (part); Ord. 07-299 § 2 (part); Ord. 98-154 § 1 (part); Ord. 97-136 § 1. Formerly 1.16.070)
1.20.080 Abatement.
A. If the Magistrate Court has determined that the Town Code violation constitutes a public nuisance or a hazard to public health and safety, the Court may, together with the decision, issue a written abatement order and shall cause the responsible persons to be notified of the existence of such order and shall direct that such guilty/responsible persons abate and correct said conditions within a reasonable time but not less than thirty (30) days from the date of the order. This abatement order shall be a civil order even if the violation constitutes a crime.
B. The abatement order shall include notice that if the responsible person fails to comply with the abatement order, the Town may abate the violation and record the cost of such abatement, including administrative fees and additional inspection fees, as a lien against the property in accordance with Arizona Revised Statutes, Section 9-499. The notice shall also include an estimate of the amount of such costs.
C. A copy of the abatement order shall be sent to the owner and to the occupant or lessee of the property on which the violation exists and may be sent to any other persons sought to be charged with the responsibility of abatement. The notice may be personally delivered or sent by certified mail, return receipt requested, and addressed as follows:
1. To the owner, as such person’s name and address appear on the records of the Navajo County Assessor’s Office as the address where the last tax bill was mailed or as otherwise known to the Town by virtue of more recent and reliable information;
2. To any occupant or lessee at the address of the subject property; and
3. To any other such responsible person, as such person’s name and address are known to the Town.
D. The Town Manager or his or her designee shall record the abatement order in the Navajo County Recorder’s Office and shall file a copy thereof in the office of the Town Clerk together with an affidavit or certificate stating the time and manner in which notice of such abatement order was given. The failure of any owner or other person to receive such abatement order shall not affect in any manner the validity of any proceedings taken hereunder.
E. The owner of real property as shown in the records of the Navajo County Assessor’s Office shall be conclusively deemed to be the proper person and address for mailing of notice of any hearing, civil citation or order pursuant to this chapter and the failure of any addressee to receive notice shall not invalidate any notice, civil citation or order so issued. Any duly issued civil citation, notice or order shall be conclusively deemed to be adequate notice to any and all occupants, users, or possessors of the property or its contents, and the failure of any such person to see, read, understand or otherwise receive the civil citation notice or order shall not invalidate any of the proceedings.
F. Any person aggrieved by the Magistrate Court’s abatement order may appeal to the Town Board of Adjustment by filing a written appeal with the Town Clerk. An appeal shall be filed within ten (10) days of the date of the Magistrate Court’s decision or shall be waived.
G. The hearing before the Town Board of Adjustment shall be a trial de novo.
H. If no appeal to the Board of an abatement order is taken by the defendant, or if the Board affirms the findings of the Magistrate Court, and the abatement is not accomplished by the defendant by the date specified, the Town may proceed to have the conditions abated as soon thereafter as is practical. The Town may use Town employees or may contract for the required services, or use any other methods to secure compliance in an expeditious and timely manner.
I. The Town Manager or his or her designee shall keep an itemized account of the expenses involved in abating the public nuisance, conditions and violation(s). A statement showing the expense of the abatement, including the cost of additional inspections and administrative costs, together with an explanation of appeal rights shall be served on the owner in the same manner as provided in subsection C of this section. This statement shall also specify the date by which the owner must pay the amount in full to Town and explain that a lien will be placed on the property if the amount is not paid in full by the date specified.
J. Within ten (10) working days from the date of the statement of expenses, the owner may appeal and protest, in writing, the amount of the costs to the Board of Adjustment. The appeal shall be filed with the Town Clerk and shall clearly show the legal description of the property, the date the statement of expenses was issued and the reason for the appeal.
K. At the time fixed for the hearing on the statement of expense, the Board shall consider the statement and appeal or protests and objections raised by the owner. The Board may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement by motion or resolution. The decision of the Board on all appeals, protests and objections which may be made shall be final and binding on all parties.
L. Upon completion of the abatement by the Town and service of the statement of expenses on the owner, or if an appeal to the statement of expenses was filed, upon confirmation of the statement of expenses by the Board, the Town shall take action to collect the amount owing to the Town. If the property owner does not pay the expense of abating the violation(s) within thirty (30) days after receipt of the statement of expenses, the amount shall be recorded as an assessment lien against the property in accordance with Arizona Revised Statutes, Section 9-499. Such assessment lien shall be payable and bear interest as set forth in Arizona Revised Statutes, Section 9-499.
M. At the discretion of the Town Manager or his or her designee, the Town may take any and all other legal actions to collect such amounts.
N. If abatement is performed by the property owner or other interested person, prior to abatement by the Town but after Town has recorded the notice of violation and abatement order or when Town receives full payment from the property owner of the amount of the assessment lien together with interest as provided by law, the Town shall record a release of the notice or lien release as is appropriate. (Ord. 07-299 § 2 (part). Formerly 1.16.080)
1.20.090 Civil Hearing Officer.
A. The Magistrate Court may appoint one (1) or more Civil Hearing Officers to hear cases involving civil violations and infractions. The cost of the Hearing Officer shall be paid from the Town’s funds, unless specifically included in the Magistrate Court budget.
B. A Hearing Officer may conduct hearings and order penalties and abatements as set forth in this chapter, or as otherwise allowed by the Town Code.
C. At least ten (10) days prior to the violation hearing, both parties shall produce for inspection by the opposing party a list of witnesses and prepared exhibits. The prepared exhibits are to be filed with the Hearing Officer. Failure to comply with this provision may result, at the Hearing Officer’s discretion, in the denial of the admission of evidence or the granting of a continuance to permit inspection, or other appropriate remedy.
D. The order of the violation hearing proceedings shall be as follows:
1. The Hearing Officer shall call the case and briefly describe the procedures to be followed. The Hearing Officer may ask questions of the parties or witnesses during the proceedings.
2. Town’s and defendant’s opening statements.
3. Testimony of the Town’s witnesses.
4. Testimony of the defendant’s witnesses.
5. Statements and testimony of other witnesses at the discretion of the Hearing Officer.
6. Town’s rebuttal.
7. The Hearing Officer may allow rebuttals with discretion in the interests of justice.
8. The Town’s closing statement.
9. The defendant’s closing statement.
E. Ruling by the Hearing Officer. At the conclusion of the violation hearing, the Hearing Officer shall determine whether a violation exists. If a violation is found to exist, the Hearing Officer shall proceed to the penalty phase of the hearing.
F. The Hearing Officer may order such penalties, abatement, restitution or other orders and requirements as are allowed by Section 1.20.070 of this chapter, or as allowed by other chapters of the Town Code or by Arizona Law.
G. The Hearing Officer shall issue a written ruling within ten (10) days of the Violation Hearing. The written ruling shall include the findings and penalties ordered by the Hearing Officer.
H. The Arizona Rules of Evidence shall not apply at hearings before a Hearing Officer. The Hearing Officer may admit any evidence offered subject to a determination by the Hearing Officer that the offered evidence is relevant and reliable.
I. The violation hearing shall be recorded. The recording shall be kept on record by the Magistrate Court for a period of six (6) months. A record of the proceedings may be made by a court reporter if requested and paid for by the party requesting the court reporter.
J. Either party who participated in a violation hearing may appeal the decision, the penalty, or the other things ordered by the Hearing Officer to the Magistrate Court to be heard de novo by a judge or judge pro tempore. Any such appeal shall be filed in writing with the Magistrate Court with a copy to the Hearing Officer within ten (10) days of written ruling required by subsection G of this section. (Ord. 07-299 § 2 (part). Formerly 1.16.090)
1.20.100 Effective date.
The effective date of this chapter shall be May 1, 2006. All violations cited after the effective date shall be cited and processed in accordance with this chapter. (Ord. 07-299 § 2 (part); Ord. 06-260. Formerly 1.16.100)