(A) CIVIL CODE INFRACTION means any violation of the town code of ordinances unless such violation is otherwise designated as a misdemeanor or as a civil traffic violation.
(B) An enforcement action on a civil code infraction shall be commenced by the filing of a complaint with the town Civil Hearing Officer, substantially in the form set forth in Appendix A, attached to Ord. O-2005-07, or on a Uniform Arizona Traffic Ticket and Complaint, as specified in the Arizona Rule of Procedure in civil traffic violation cases. The complaint form shall be in at least triplicate, in dimensions of approximately 8-1/2 inches by 11 inches, consisting of the original complaint, violator/defendant copy, and enforcement copy. The complaint form shall contain a notice of hearing specifying a location, date, and time at least ten days following issuance of the complaint, at which the defendant shall appear to admit or deny the allegations contained therein. The complaint shall specifically identify the defendant, the date and time of the alleged civil code infraction(s), the location of the alleged civil code infraction(s), and the civil code infraction(s) alleged by the town code or ordinance section number and description. The complaint shall be signed by the complainant, who shall certify, under penalty of perjury, that he/she has reasonable grounds to believe that the named defendant committed the civil code infractions described in the complaint and that a copy of the complaint has been served on the defendant pursuant to this section.
(C) The complaint and notice of hearing may be served upon the defendant and will be deemed proper and complete by any of the following means:
(1) By having the defendant(s) sign the complaint with and acknowledgment of receipt of a copy thereof;
(2) By hand delivery to the person or persons listed on the complaint;
(3) By certified mail with return receipt, addressed to the person or persons listed on the complaint; or
(4) By any means authorized in the Arizona Rules of Civil Procedure.
(D) Where the defendant is a corporation, partnership, or association the words
DEFENDANT or PERSON in subdivisions (C)(1), (2), (3), and (4) above shall mean a partner, an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process.
(E) Any town official or employee with responsibility to enforce or administer the particular area of the town code or a town ordinance for which the enforcement action is brought, or any peace officer, may file an enforcement action on a civil code infraction and may serve the complaint and notice of hearing in the manner set forth in subdivisions (C)(1), (2), (3), or (4) above. The Civil Hearing Officer may enter an award in favor of the town for the actual costs of service if a civil code infraction is found, whether or not a civil penalty is assessed.
(F) The Town Attorney or the Town Prosecutor may file a complaint alleging a civil code infraction with the Civil Hearing Officer. Such complaint shall specifically identify the defendant, the date and time of the alleged civil code infractions(s), the location of the alleged civil code infraction(s), and the civil code infraction(s) alleged by town code or ordinance section number and description. The complaint shall be signed by the Town Attorney or Town Prosecutor before the Civil Hearing Officer upon the Town Attorney’s or Town Prosecutor’s avowal that he/she has reasonable grounds to believe that the named defendant committed the civil code infractions described in the complaint. When a complaint alleging a civil code infraction has been filed by the Town Attorney or Town Prosecutor, the Civil Hearing Officer shall issue a notice of hearing which shall specify a location, date, and time at least ten days following the filing of the complaint, at which the defendant shall appear to admit or deny the allegations contained therein. The Civil Hearing Officer shall then cause the notice of hearing, together with a copy of the complaint, to be served on the defendant in the manner set forth in subdivisions (C)(1), (2), (3), or (4) above.
(G) A person served with a notice of hearing for a civil code infraction shall appear at the time and place set forth in the notice of hearing or may appear prior to the time and upon the directions contained in the notice of hearing to admit or deny the allegations of the complaint. Allegations not denied at the time of appearance are deemed admitted.
(H) If the allegations are admitted, the Civil Hearing Officer shall enter judgment for the town and may impose a civil sanction pursuant to § 10.99(A) and costs of service against the defendant. The Civil Hearing Officer shall also order the abatement of the civil code infraction, unless it has been abated by the date of a finding of responsibility therefor.
(I) If the defendants(s) denies any allegation contained in the complaint, the Civil Hearing Officer shall set the matter for a civil code infraction hearing. Civil code infraction hearings shall be informal and held without a jury, and the town is required to prove the violation charged by a preponderance of the evidence. Technical rules of evidence shall not apply in such hearings, except for rules concerning relevancy and privileged communications. If the defendant elects to be represented by counsel, the defendant shall so notify the Civil Hearing Officer at least ten days prior to the hearing date. In cases where the defendant elects to be represented by counsel, the town may also be represented by the Town Attorney or Town Prosecutor, provided that the Town Attorney or Town Prosecutor notifies the Civil Hearing Officer and defendant’s counsel at least three days prior to the hearing date. Hearings shall be electronically recorded by the Civil Hearing Officer. If the Civil Hearing Officer finds in favor of the defendant, the Civil Hearing Officer shall enter an order dismissing the complaint. If the Civil Hearing Officer finds in favor or the town, the Civil Hearing Officer shall enter judgment for the town and may impose a civil sanction pursuant to § 10.99(A) and costs of service against the defendant. The Civil Hearing Officer shall also order the abatement of the civil code infraction, unless it has been abated by the date of entry of such judgment.
(J) If a person served with a complaint and notice of hearing fails to appear on or before the date and time directed in the notice of hearing, or at such other time as may be directed by the Civil Hearing Officer, the allegations contained in the complaint shall be deemed admitted, and the Civil Hearing Officer shall enter judgment for the town and may impose a civil sanction pursuant to § 10.99(A) and costs of service against the defendant.
(K) Any person against whom judgment is entered for a civil code infraction, or against whom a civil sanction is imposed for such infraction, may seek judicial review of such judgment or sanction by way of special action to the Maricopa County Superior Court.
(Ord. O-2005-07, passed 6-20-05)