Chapter 16.40
ENFORCEMENT AND PENALTIES
Sections:
16.40.010 Enforcement – Administrative action.
16.40.010 Enforcement – Administrative action.
A. Enforcement. It shall be the duty of the Director, the Code Enforcement Officer(s), the Police Department of the Town, the Town Attorney, and all officers of said Town otherwise charged with the enforcement of the law to enforce the provisions of this title. The Director or his/her designee shall inspect premises for which applications, plats, or other documents have been received, and for which plats have been approved, or for which permits have been issued. The inspections will help ensure compliance with the provisions of this title. The Director also shall make inspections and investigations in connection with matters which are the subject of this title and shall prepare reports when requested by the Town Council. For the purpose of enforcing compliance with these zoning regulations, the Director in conjunction with other enforcement officers of the Town shall issue notices, orders, or criminal citations as may be necessary. Any subdivision, land split, or other use of property in violation of this title shall be prevented, restrained, or penalized through appropriate action instituted by the Director or the Town. See also A.R.S. §§ 9-240(B)(28) and (29) and 9-463.01.
B. Administrative Action.
1. The Director may also take administrative action against violators which may include posting or recording public notices of violations of this Code, and issuing orders to halt work on the subdivision, minor land division, or other development until violations are either cured or Court proceedings concerning alleged violations are final. In addition, the Director may refuse to accept or process applications for preliminary or final plats, building permits or other applications concerning the property while violations are occurring or during the pendency of court proceedings on alleged violations.
2. Upon receipt of information that the recording of a deed for a lot which was not created in accordance with this title, a notice of violation shall be sent by certified mail to the legal property owner by the Director and to the Arizona Department of Real Estate, Subdivision Investigations.
3. Upon determination by the Director that any land split or land division has been made which does not comply with Arizona Revised Statutes or this title, the Director shall record a notice in the land records of Navajo County which identifies by legal description the property(ies) affected, a general description of the violation or deficiency identified in accordance with this title. The notice also shall include the following statement:
Notice is hereby given by the Town of Pinetop-Lakeside that the lot(s) created by the land division, or the development or improvement of this property, does not conform to the requirements of the Town of Pinetop-Lakeside Town Code land use regulations in force at the time of the recordation. In consequence, any and all Building Permits for development will be denied and no certificate of occupancy will be issued by the Town until such time as deficiencies related to this property are corrected.
4. A copy of the notice shall be sent to the property owner of record at his/her last address as listed with the Navajo County Assessor.
5. No building permit nor certificate of occupancy shall be issued for any lot created, developed, or improved in violation of this title until any violations or deficiencies are corrected to the satisfaction of the Director. (Ord. 15-392 § 1 (part): Ord. 08-308 § 2 (part))
16.40.020 Criminal penalties.
A. Criminal citations, hearings and penalties as prescribed by Chapter 1.20 shall be used for violations of this title.
B. No incarceration or jail time shall be prescribed for a criminal violation.
C. The Court or Hearing Officer may order a person adjudged guilty to perform community service, and the Court may also order abatement of any violation or nuisance, cessation of all building or development of the subject property, forfeiture of personal property in accordance with Arizona law after a forfeiture hearing, and such other remedies allowed by law and fashioned by the Court to fit the violation, crime, or infraction. (Ord. 15-392 § 1 (part): Ord. 08-308 § 2 (part))