(A) Violations. Any building, structure or improvement erected, built, moved or maintained, or any use of property contrary to the provisions of the Zoning Code is hereby declared to be unlawful and a public nuisance.
(B) Remedies and enforcement powers. Failure to comply with any provision of this Chapter is hereby declared unlawful. The following remedies and enforcement powers may be used to administer and enforce this Chapter.
(1) Withhold permits. The city may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this Chapter or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the city. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.
(2) Permits approved with conditions. Instead of withholding or denying a permit or authorization the city may grant such authorization subject to the condition that the violation be corrected.
(3) Revoke permits. Any AUP issued under this Chapter may be revoked when the Zoning Administrator determines any one of the following:
(a) That there is departure from the plans, specifications, or conditions as required under terms of the permit.
(b) That the development permit was procured by false representation or was issued by mistake.
(c) That any of the provisions of this Chapter are being violated. Written notice of such revocation shall be served upon the owner, the owner's agent or contractor, or upon any person employed on the building or structure for which such permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.
(4) Revoke plan or other approval. Where a violation of this Chapter involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the City Council may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected) and after a public hearing, revoke the plan or other approval or condition its continuance on strict compliance with this Chapter, the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the City Council may reasonably impose.
(5) Injunction and abatement. The city may initiate injunction or abatement proceedings or other appropriate action in a court of competent jurisdiction against any person who fails to comply with any provision of this Chapter, or any requirement or condition imposed pursuant to this Code, to prevent, enjoin, abate, or terminate violations pursuant to A.R.S. § 9-462.05.B. The city may seek a court order in the nature of mandamus, abatement, injunction, special declaratory judgment or other action for proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
(6) Criminal filings. It is unlawful to erect, construct, reconstruct, maintain or use any land in any zoning district in violation of any regulation or any provisions of this Chapter. Any person, firm or corporation violating this Chapter or any part thereof, is guilty of a class one misdemeanor. Each and every day during which the illegal erection, construction, reconstruction, alteration, maintenance or use continues is a separate offense. The City Attorney shall have the sole authority to use his or her discretion in determining whether a criminal action should be filed. The penalty for a class one misdemeanor conviction can be up to 6-months jail time, up to $2,500 fines or restitution, 3 years probation and other terms the court finds just.
(7) Other powers. In addition to the enforcement powers specified in this Article, the city may exercise any and all enforcement powers granted by Arizona law. If deemed necessary by the city for public health and safety reasons, the city may immediately commence all necessary actions or proceedings for the abatement, enjoinment and removal thereof in the manner provided by law, and may apply to such court or courts as may have jurisdiction to grant such relief as will abate, enjoin and remove the building or use and restrain and enjoin any person, firm or corporation from setting up, erecting, building, moving or maintaining any such building or using any property contrary to the provisions of this Chapter.
(C) Civil enforcement procedures for emergency matters. In the case of violations of this Chapter that constitute an emergency situation as a result of safety or public concerns or violations that will create increased problems or costs if not remedied immediately, the city may use the enforcement powers available under this Article without prior notice.
(D) Enforcement procedures for non-emergency matters. If after an inspection and informal attempts have failed to gain compliance with this Chapter in a non-emergency situation, the city shall serve the owner, owner's statutory or authorized agent, occupant, lessee or person in control of the property with a notice of violation. This notice shall contain the following:
(1) Legal identification of property.
(2) Statement of violations in sufficient detail to allow an owner or responsible party to identify and correct the problem.
(3) The expected compliance deadline of at least 21 calendar days from the date of the notice.
(4) A re-inspection date.
(5) Address and telephone number of a city representative to contact.
(6) A warning that failure to comply may result in the filing of a civil or criminal misdemeanor case, depending on whether this violation is the 1st, 2nd, 3rd or 4th violation over a 24-month consecutive period.
(7) A warning that failure to comply may also result in an administrative or court abatement action by the city, which the owner or responsible person will be financially liable through a lien process that may include foreclosure of the property.
(8) Appeal rights (Board of Adjustment and Appeals, the protocol thereunder and required fees).
(E) Effective date. Any notice issued under this Chapter shall be deemed effective on the date when written notice is hand-delivered or sent via first class U.S. certified mail, return receipt requested, to the individuals referenced above. Any recorded notice shall run with the land and shall constitute legal notice for all purposes of this chapter to all parties and entities thereafter acquiring an interest in the property. Officers may use their discretion in granting extensions for compliance with the code, depending on the violators' efforts to date.
(F) Civil citations and complaints. If the owner or other responsible party fails to comply with the notice of violation, and fails to appeal the notice, or loses the appeal hearing and fails to pursue other available appellate courses of action, a civil action to enforce the provision of this chapter may be commenced and a summons shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes and applicable city ordinances. Jurisdiction of proceedings in this Chapter shall be in the Municipal Court of the City of Apache Junction. The City Manager and/or his or her designee shall be responsible for filing civil citations with the Apache Junction Municipal Court subject to the following:
(1) Penalties.
(a) First offense during 24 consecutive month period: civil penalty of $250;
(b) Second offense during 24 consecutive month period: civil penalty of $500;
(c) Third offense during 24 consecutive month period: civil penalty of $750.
(2) Timing and fines. The 24-month period shall be calculated from the dates the violations are first committed. The owner or responsible party shall receive the progressively higher civil penalty upon a finding of responsibility for any violation of this chapter which was committed within 24 months of the commission of another violation for which the owner or responsible party was found responsible. In no event shall the Court reduce the minimum dollar penalties referenced above. The dollar amounts noted above are the fines, exclusive of any other Court imposed penalties.
(3) Separate offences. Every day any violation of any provision of this Chapter continues shall constitute a separate violation or offense. 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 which 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.
(4) Civil 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, exclusive of any additional court fees and costs that the Court may or is obligated to impose. If the defendant denies the allegations, the Court shall set the matter for hearing. 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 relating 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. Hearings shall be recorded by technological devices, including tape recording or by stenographer. 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 dollar sanction noted above, plus any additional court fees and costs that the Court is obligated to add.
(5) Appeal of civil court hearing. 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.
(G) Validity of permit. The issuance or granting of a building or use permit or approval of plans or specifications under the authority of this Chapter shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this Chapter or the amendments thereto or of any other ordinance or law. No permit presuming to give authority to violate or cancel any of the provisions of this Chapter or any existing law shall be issued, and if issued shall not be valid; except insofar as the work or use which it authorizes is lawful and permitted.
(H) Enforcement by city officials. It shall be the duty of the officers of the city charged with the enforcement of the law to enforce the provisions of the Zoning Code.
(I) Remedies. All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve that person from the responsibility to correct prohibited conditions or to remove prohibited buildings, structures or improvements, nor to prevent the enforcement, correction or removal thereof. In addition to other remedies provided in this Chapter, any adjacent or neighboring property owner who shall be especially damaged by the violation of any provision of this Chapter, may institute in addition to other remedies provided by law, injunction, mandamus, abatement or other appropriate action, proceeding or proceedings to prevent, abate or remove the unlawful erection, construction, reconstruction, alteration, maintenance or use.
(Ord. 1402, passed 5-6-2014)