(A) Any person, firm, or corporation violating any provision of this code, or any amendments to it, shall be guilty of a Class One Misdemeanor punishable by a fine not exceeding $2,500, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment, for each violation. Every action or proceeding under this section shall be commenced and prosecuted in accordance with the laws of the State of Arizona relating to misdemeanors and the Arizona Rules of Criminal Procedure.
(B) Violation of any provision of this code, or any amendments to it, may also subject the offender to issuance of a civil citation. The citation shall direct the defendant to appear in Colorado City Magistrate Court or pay a fine not to exceed $250 within 14 days after issuance of the citation. The civil citation shall be substantially in the same form and format as the Arizona Traffic Ticket and Complaint standard form.
(1) The citation shall be served by delivering a copy to the defendant by any of the following means:
(a) By having the defendant sign the citation with the promise to appear in court on or before the date specified on the face of the citation.
(b) If the defendant refuses to sign the citation, then the Zoning Administrator shall hand-deliver a copy of the citation to the defendant and note on the defendant's copy of the citation date and time of hand-delivery to the defendant.
(c) By mailing a copy of the citation to the person charged by certified or return receipt requested mail, to the person's last known address.
(d) In the event that service cannot be accomplished as set forth in this division, the defendant may be served by any means contemplated or allowed by the Arizona Rules of Civil Procedure or Arizona Rules of Practice for the Superior Court.
(2) The citation shall contain the date and location of the violation, reference to the code section or provision violated, and notice that within 14 days from the date on which the citation was issued the fine for the violation must be paid to and received by the Colorado City Magistrate Court or a request for a hearing be made to and received by the Colorado City Magistrate Court.
(3) The citation shall state that if the defendant fails to appear within the time specified, and either pay the fine for the violation or request a hearing, judgment by default will be entered in the amount of the fine designated on the citation for the violation charged plus a penalty amount as may be established by the Court for the defendant's failure to appear.
(4) The Arizona Rules of Procedure in Civil Traffic Violation Cases shall be followed by the Colorado City Magistrate Court for civil citations issued pursuant to this code, except as modified or where inconsistent with the provisions of the zoning and development code or as modified or established for use by the Colorado City Magistrate Court or the Arizona Supreme Court.
(Ord. 2020-02, passed 4-13-2020)