(A) Contractor shall notify each responsible party of the subscription requirements, to include all fee plans and options. The notice shall be in writing sent by first class U.S mail. Once subscription is secured, contractor shall provide waste and recycling services.
(B) Failure of a responsible party to subscribe to residential solid waste collection services shall be pursued by the contractor in writing by certified mail/return receipt requested and first class U.S. mail to the responsible party and notification shall be made to the City Manager or designee on a quarterly basis.
(C) Failure of a responsible party to comply with this or any other provisions of this article may be issued a notice of violation by certified mail/return receipt requested and first class U.S. mail by the city containing the following information:
(1) Identification of property in violation.
(2) Detailed statement of violation in reference to article provisions.
(3) Date violation occurred.
(4) Business contact information of the citing officer or official.
(5) The action required to come into compliance.
(6) Time period to come into compliance and re-inspection date (minimum grace period of 14-calendar days).
(7) Consequences for continued non-compliance.
(D) Should the responsible party fail to comply, the City Manager or designee may direct compliance as per division (E).
(E) Civil citations may be pursued only after the notice set forth in division (C) has been refused, ignored, or full compliance has failed.
(F) The following process shall be followed to gain compliance with this article:
(1) If the responsible party fails to comply with a notice of violation, a civil/criminal action to enforce the provision of this article may be commenced and a summons shall be issued in accordance with the procedures set forth in Arizona Revised Statutes and applicable city ordinances. Jurisdiction of proceedings in this article shall be in the municipal court of the city.
(2) The City Manager or designee shall be responsible for filing civil and criminal citations with the municipal court with the following minimum penalties:
(a) First offense during a 24-consecutive month period: civil penalty of $350;
(b) Second offense during the same 24-consecutive month period: civil penalty of $600;
(c) Third offense and subsequent offenses within the same 24-consecutive month period: class 1 misdemeanor criminal fine of not less than $1,000 up to $2,500, and other penalties as a result of the conviction.
(3) The 24-consecutive month period shall be calculated from when the first violation is committed. The responsible party shall receive the progressively higher civil penalties noted above in division (F)(2). In no event shall the court reduce the minimum dollar penalties referenced above. A criminal case shall only be filed only after 2 civil violations of the same type have been committed within the 24-consecutive month period.
(4) The owner of record, as reflected in the Pinal or Maricopa County Recorder's Office, may be presumed to be a person having lawful control over the building, structure or parcel of land that is the subject of the violation. If more than 1 person is recorded as the owner of the property, the persons may be jointly and severally presumed to be the persons having lawful control over the building, structure or parcel of land.
(G) Civil and criminal hearing procedure. A person lawfully served with a civil citation or complaint shall appear at the time and place stated in the citation or summons, or may appear prior to the time and admit or deny the allegations of the complaint. Allegations not denied at the time of appearance are deemed admitted. If the allegations are admitted, the court shall enter judgment for the city and impose the minimum dollar sanction as noted above. If the defendant denies the allegations, the court shall set the matter for hearing/trial. Civil hearings are to be held informally and held without a jury, and the city is required to prove the allegations by a preponderance of the evidence. Technical rules of evidence do not apply, except for statutory provisions related to privileged communications. If the defendant elects to be represented by counsel, the defendant shall so notify the court at least 10 court days prior to the hearing date. If the court finds in favor of the defendant, the court shall enter an order dismissing the citation or complaint. If the court finds in favor of the city, the court shall enter judgment for the city and impose the minimum civil penalties and criminal fines referenced above and other appropriate terms/conditions.
(H) Appeal of civil/criminal court hearing/trial. Any party may appeal the judgment of the municipal court to the superior court under A.R.S. § 12-124. Appeals from civil proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure-Civil. Appeals from criminal proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure-Criminal.
(Ord. 1483, passed 12-3-2019)