(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) No person shall locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or structure, or use any land in violation of this chapter.
(C) The Zoning Administrator shall order, in writing, the correction of any violation. The order shall state the nature of the violation, the code provision violated, and the time by which the violation must be corrected. After the order has been served, no work shall proceed on any structure or tract of land covered by such an order except to correct the violation or to comply with the order.
(D) Decisions of the Zoning Administrator may be appealed to the City Council in accordance with § 154.161.
(E) In addition to or in lieu of the procedures outlined above, this chapter shall be enforceable in a court of proper jurisdiction, and any or all appropriate remedies at law or in equity shall be available for the enforcement thereof.
(F) Any and all persons who shall violate any of the provisions of this chapter or fail to comply therewith, or who shall fail to comply with any lawful order or regulation made thereunder, shall severally for each and every such violation and non-compliance respectively, forfeit and pay a fine of not less than $50, not more than $750, and/or be imprisoned not to exceed the time of four months for each offense, the violation constituting a Class 2 misdemeanor under the Criminal Code of the laws of the State of Arizona. In addition, the costs of any such action may be imposed at the discretion of the court. The imposition of one penalty for any violation of this chapter shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy the violations and defects within a reasonable time; and each day that the prohibited condition is not corrected or remedied shall constitute a separate offense; and the court shall impose a fine on a per diem basis for each day that the violation is maintained. Application of the above penalty shall not be held to preclude the forced removal of prohibited conditions.
(G) This chapter shall not be construed to hold the city, its Zoning Administrator, City Engineer, or any other city official responsible for any damage to persons or property by reason of any inspection or reinspection authorized herein or the failure to so inspect or reinspect or by reason of the issuance to a building permit as herein required.
(H) Any person in control of any premises who fails to correct a violation of this chapter within 30 days after notice thereof by the Zoning Administrator or his or her designee shall be liable to the city for a civil fine in the amount of $1,000 for each and every day beyond such 30-day period for which the violation remains uncorrected. The City Attorney shall collect the fines by complaint filed in the City Court pursuant to the procedures prescribed in the city code.
(I) Violation of conditional use permits. Violations to the conditions of a conditional use permit shall constitute a violation of this chapter and shall be subject to the regulations of divisions (B) through (G) above.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)